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Miscellaneous

October 2023 — Question 74

In what publication does CBP publish a notice listing any trademarks and Lever-rule protection granted by CBP upon the approval of an application by a trademark-holder?

Why this answer

The cited paragraph of the trademark recordation rules states that when CBP grants Lever-rule protection, restricting gray market goods that are physically and materially different from the versions authorized for the U.S. market, it will publish in the Customs Bulletin a notice listing the trademark and the specific merchandise covered. The Customs Bulletin is CBP's own weekly publication for decisions of this kind, which is why D is keyed. The Federal Register tempts because agencies publish many trade notices there, but the regulation names the Customs Bulletin, while the CFR codifies rules and CSMS carries operational messaging, so neither serves as the vehicle for Lever-rule grant notices. Watch for: Defaulting to the Federal Register when the regulation specifies the Customs Bulletin.

Original CBLE Simulator explanation — the question and key above are CBP's; this analysis is ours. Verify against the current edition before relying on it in practice.

CBP's cited authority

§ 19 CFR 133.2(f)

Answer and citations as published in CBP's official answer key for the October 2023 examination.

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