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19 CFR Part 133 · 15 exam questions

19 CFR 133.21: Articles suspected of bearing counterfeit marks

The text of 19 CFR 133.21, followed by every released customs broker license exam question whose answer rests on it. Drawn from 11 released sittings, April 2018 through October 2023.

Edition shown: the 2025 annual edition of Title 19, revised as of April 1, 2025. It is the edition the October 2026 customs broker exam is graded against, and it can differ from the regulation in force today. For the current official text see 19 CFR 133.21 on eCFR.

§ 133.21 Articles suspected of bearing counterfeit marks.

(a) Counterfeit mark defined. A “counterfeit mark” is a spurious mark that is identical with, or substantially indistinguishable from, a mark registered on the Principal Register of the U.S. Patent and Trademark Office.

(b) Detention, notice, and disclosure of information—(1) Detention period. CBP may detain any article of domestic or foreign manufacture imported into the United States that bears a mark suspected by CBP of being a counterfeit version of a mark that is registered with the U.S. Patent and Trademark Office and is recorded with CBP pursuant to subpart A of this part. The detention will be for a period of up to 30 days from the date on which the merchandise is presented for examination. In accordance with 19 U.S.C. 1499(c), if, after the detention period, the article is not released, the article will be deemed excluded for the purposes of 19 U.S.C. 1514(a)(4).

(2) Notice of detention to importer and disclosure to owner of the recorded mark—(i) Notice and seven business day response period. Within five business days from the date of a decision to detain suspect merchandise, CBP will notify the importer in writing of the detention as set forth in § 151.16(c) of this chapter and 19 U.S.C. 1499. CBP will also inform the importer that for purposes of assisting CBP in determining whether the detained merchandise bears counterfeit marks:

(A) CBP may have previously disclosed to the owner of the recorded mark, prior to issuance of the notice of detention, limited importation information concerning the detained merchandise, as described in paragraph (b)(4) of this section, and, in any event, such information may be released to the owner of the recorded mark, if available, no later than the date of issuance of the notice of detention; and

(B) CBP may disclose to the owner of the recorded mark information that appears on the detained merchandise and/or its retail packaging, including unredacted photographs, images, or samples, as described in paragraph (b)(3) of this section, unless the importer presents information within seven business days of the notification establishing that the detained merchandise does not bear a counterfeit mark.

(ii) Failure of importer to respond or insufficient response to notice. Where the importer does not provide information within the seven business day response period, or the information is insufficient for CBP to determine that the merchandise does not bear a counterfeit mark, CBP will proceed with the disclosure of information as described in paragraph (b)(3) of this section to the owner of the recorded mark if CBP concludes that the disclosure would assist CBP in its determination, and provided that the disclosure would not compromise an ongoing law enforcement investigation or national security. CBP will notify the importer in case of any such disclosure.

(3) Disclosure to owner of the recorded mark of information appearing on detained merchandise and/or its retail packaging, including unredacted photographs, images or samples. CBP will disclose information appearing on the merchandise and/or its retail packaging (including labels) and images (including photographs) of the merchandise and/or its retail packaging in its condition as presented for examination (i.e., an unredacted condition) if CBP concludes that the disclosure of information to the owner of the recorded mark as described in paragraph (b)(2)(ii) of this section would assist CBP in its determination, and provided that disclosure would not compromise an ongoing law enforcement investigation or national security. CBP may also provide a sample of the merchandise and/or its retail packaging in its condition as presented for examination to the owner of the recorded mark. The release of a sample will be in accordance with, and subject to, the bond and return requirements of paragraph (c) of this section. The disclosure may include any serial numbers, dates of manufacture, lot codes, batch numbers, universal product codes, or other identifying markings appearing on the merchandise or its retail packaging (including labels), in alphanumeric or other formats.

(4) Disclosure to owner of the recorded mark of limited importation information. From the time merchandise is presented for examination, CBP may disclose to the owner of the recorded mark limited importation information in order to obtain assistance in determining whether an imported article bears a counterfeit mark. CBP may release the information prior to the issuance of the notice of detention, concurrently with the notice of detention, or, if the information is unavailable at the time the notice of detention is issued, CBP may release the information after issuance of the notice of detention. The limited importation information CBP may disclose to the owner of the recorded mark consists of:

(i) The date of importation;

(ii) The port of entry;

(iii) The description of the merchandise, for merchandise not yet detained, from the paper or electronic equivalent of the entry (as defined in § 142.3(a)(1) or (b) of this chapter), the CBP Form 7512, cargo manifest, advance electronic information or other entry document as appropriate, or, for detained merchandise, from the notice of detention;

(iv) The quantity, for merchandise not yet detained, as declared on the paper or electronic equivalent of the entry (as defined in § 142.3(a)(1) or (b) of this chapter), the CBP Form 7512, cargo manifest, advance electronic information, or other entry document as appropriate, or, for detained merchandise, from the notice of detention; and

(v) The country of origin of the merchandise.

(5) Disclosure to owner of the recorded mark of redacted photographs, images and samples. Notwithstanding the notice and seven business day response procedure of paragraph (b)(2) of this section, CBP may, in order to obtain assistance in determining whether an imported article bears a counterfeit mark and at any time after presentation of the merchandise for examination, provide to the owner of the recorded mark photographs, images, or a sample of the suspect merchandise or its retail packaging (including labels), provided that identifying information has been removed, obliterated, or otherwise obscured. Identifying information includes, but is not limited to, serial numbers, dates of manufacture, lot codes, batch numbers, universal product codes, the name or address of the manufacturer, exporter, or importer of the merchandise, or any markings that could reveal the name or address of the manufacturer, exporter, or importer of the merchandise, in alphanumeric or other formats. CBP may release a sample under this paragraph (b)(5) when the owner of the recorded mark furnishes to CBP a bond in an amount specified by CBP and containing the conditions set forth in § 113.70(a) of this chapter. CBP may demand the return of the sample at any time. The owner of the recorded mark must return the sample to CBP upon demand or at the conclusion of any examination, testing, or similar procedure performed on the sample. In the event that the sample is damaged, destroyed, or lost while in the possession of the owner of the recorded mark, the owner must, in lieu of return of the sample, certify to CBP that: “The sample described as [insert description] and provided pursuant to 19 CFR 133.21(b)(5) was (damaged/destroyed/lost) during examination, testing, or other use.”

(c) Conditions of disclosure to owner of the recorded mark of information appearing on detained merchandise and/or its retail packaging, including unredacted photographs, images and samples—(1) Disclosure for limited purpose of assisting CBP in counterfeit mark determinations. In order to obtain assistance in determining whether an imported article bears a counterfeit mark, CBP may disclose to the owner of the recorded mark, prior to seizure, information appearing on the merchandise and/or its retail packaging (including labels), unredacted photographs or images of the merchandise and/or its retail packaging in its condition as presented for examination, or an unredacted sample of the imported merchandise and/or its retail packaging in its condition as presented for examination, in accordance with paragraphs (b)(2)(ii) and (3) of this section. Upon release of such information, photographs, images, or samples, CBP will notify the owner of the recorded mark that some or all of the information being released may be subject to the protections of the Trade Secrets Act, and that CBP is only disclosing the information to the owner of the recorded mark for the purpose of assisting CBP in determining whether the merchandise bears a counterfeit mark.

(2) Bond. CBP may release a sample under paragraph (b)(3) of this section when the owner of the recorded mark furnishes to CBP a bond in an amount specified by CBP and containing the conditions set forth in § 113.70(a) of this chapter. CBP may demand the return of the sample at any time. The owner of the recorded mark must return the sample to CBP upon demand or at the conclusion of any examination, testing, or similar procedure performed on the sample. In the event that the sample is damaged, destroyed, or lost while in the possession of the owner of the recorded mark, the owner must, in lieu of return of the sample, certify to CBP that: “The sample described as [insert description] and provided pursuant to 19 CFR 133.21(c) was (damaged/destroyed/lost) during examination, testing, or other use.”

(d) Disclosure to importer of unredacted photographs, images, and samples. CBP will disclose to the importer unredacted photographs, images, or an unredacted sample of imported merchandise suspected of bearing a counterfeit mark at any time after the merchandise is presented to CBP for examination. CBP may demand the return of the sample at any time. The importer must return the sample to CBP upon demand or at the conclusion of any examination, testing, or similar procedure performed on the sample. In the event that the sample is damaged, destroyed, or lost while in the possession of the importer, the importer must, in lieu of return of the sample, certify to CBP that: “The sample described as [insert description] and provided pursuant to 19 CFR 133.21(d) was (damaged/destroyed/lost) during examination, testing, or other use.”

(e) Seizure and disclosure to owner of the recorded mark of comprehensive importation information. Upon a determination by CBP, made any time after the merchandise has been presented for examination, that an article of domestic or foreign manufacture imported into the United States bears a counterfeit mark, CBP will seize such merchandise and, in the absence of the written consent of the owner of the recorded mark, forfeit the seized merchandise in accordance with the customs laws. When merchandise is seized under this section, CBP will disclose to the owner of the recorded mark the following comprehensive importation information, if available, within 30 business days from the date of the notice of the seizure:

(1) The date of importation;

(2) The port of entry;

(3) The description of the merchandise from the notice of seizure;

(4) The quantity as set forth in the notice of seizure;

(5) The country of origin of the merchandise;

(6) The name and address of the manufacturer;

(7) The name and address of the exporter; and

(8) The name and address of the importer.

(f) Disclosure to owner of the recorded mark, following seizure, of unredacted photographs, images, and samples. At any time following a seizure of merchandise bearing a counterfeit mark under this section, and upon receipt of a proper request from the owner of the recorded mark, CBP may provide, if available, photographs, images, or a sample of the seized merchandise and its retail packaging, in its condition as presented for examination, to the owner of the recorded mark. CBP may release a sample under this paragraph (f) when the owner of the recorded mark furnishes to CBP a bond in an amount specified by CBP and containing the conditions set forth in § 113.70(b) of this chapter. CBP may demand the return of the sample at any time. The owner of the recorded mark must return the sample to CBP upon demand or at the conclusion of the examination, testing, or other use, such as pursuit of a related civil remedy for infringement, whichever occurs sooner. In the event that the sample is damaged, destroyed, or lost while in the possession of the owner of the recorded mark, the owner must, in lieu of return of the sample, certify to CBP that: “The sample described as [insert description] and provided pursuant to 19 CFR 133.21(f) was (damaged/destroyed/lost) during examination, testing, or other use.”

(g) Consent of the mark owner; failure to make appropriate disposition. The owner of the recorded mark, within thirty days from notification of seizure, may provide written consent to the importer allowing the importation of the seized merchandise in its condition as imported or its exportation, entry after obliteration of the mark, or other appropriate disposition. Otherwise, the merchandise will be disposed of in accordance with § 133.52 of this part, subject to the importer's right to petition for relief from forfeiture under the provisions of part 171 of this chapter.

How the exam tests 133.21

Each question below is a real released question with the answer CBP credited, the authority it rests on, and an explanation of why that answer is right.

April 2018, Q55. If imported merchandise is detained because CBP suspects it bears a counterfeit version of a mark that is registered with the U.S. Patent and Trademark Office and recorded with CBP, and the importer, upon written notification, does not provide information within seven days of such notification that establishes to CBP’s satisfaction that the suspect mark is not counterfeit, or provides information that is insufficient to establish that the suspect mark is not counterfeit, CBP may disclose to the right holder:

  1. AThe entry documents and a sample or digital images of the merchandise including serial numbers, dates of manufacture, lot codes, batch numbers, universal product codes or other identifying marks appearing on the merchandise or its retail packaging
  2. BThe names and addresses of the exporter and importer
  3. CThe entry documents and the name and address of the manufacturer
  4. DA sample or digital images of the merchandise including serial numbers, dates of manufacture, lot codes, batch numbers, universal product codes or other identifying marks appearing on the merchandise or its retail packaging, but no entry documents
  5. EAll of the above
Show the answer and explanation
Correct answer: D  · Authority: 19 CFR 133.21 (b)(1)

The correct answer is D because 19 CFR 133.21(b)(3) explicitly permits CBP to disclose unredacted samples or digital images of the merchandise, including identifying marks like serial numbers and batch codes, but does not authorize disclosure of entry documents. Options A and C incorrectly include entry documents, which are not mentioned in the cited authority. Option B adds exporter and importer names, which are not referenced in the text. Option E is invalid because it aggregates all options, including unsupported elements. The regulation focuses solely on merchandise-specific details, not broader entry or party information.

April 2019, Q13. A shipment of imported merchandise valued in excess of $50,000.00 is detained on suspicion that the merchandise bears a suspect version of a federally registered trademark that is recorded with CBP. The importer is notified of the detention and given seven days to provide information that would establish that the merchandise does not bear a counterfeit mark. No information is timely provided. Accordingly, CBP provides the owner of the recorded trademark with digital images of the merchandise and its retail packaging, to include images that feature universal product codes that appear on the merchandise. Following receipt of the images, the trademark owner advises CBP that the suspect marks were not applied to the merchandise with authorization. CBP seizes the merchandise on the basis that it bears a counterfeit trademark. Within thirty days from notification of seizure, the importer may:

  1. ASecure release of the shipment, regardless of whether the trademark owner objects, by removing or obliterating the counterfeit mark in such a manner as to render the mark illegible or incapable of being reconstituted.
  2. BSecure release of the shipment by establishing that the personal use exemption allowed under 19 C.F.R. § 148.55 is applicable in this situation.
  3. CSecure release of the shipment by obtaining the trademark owner’s written consent to allow entry of the seized merchandise in its condition as imported or its exportation, entry after obliteration of the mark or other appropriate disposition.
  4. DSecure release of the shipment, provided the trademark owner does not object in writing, by exporting the merchandise bearing the counterfeit mark to the country of exportation.
  5. ESecure release of the shipment, provided the trademark owner does not object, by removing or obliterating the counterfeit mark in such a manner as to render the mark illegible or incapable of being reconstituted provided, thereafter, that the merchandise is exported to the country of exportation.
Show the answer and explanation
Correct answer: C  · Authority: 19 CFR 133.21(f)

The correct answer is C because 19 CFR 133.21(f) explicitly states that the importer may secure release by obtaining the trademark owner’s written consent for entry or exportation, or by obliterating the mark and exporting the merchandise. This aligns with the regulation’s requirement that the trademark owner’s consent is necessary unless the mark is obliterated and the merchandise is exported. Option A is incorrect because it allows release without the trademark owner’s consent, which the regulation does not permit. Option B is invalid because the personal use exemption does not apply to counterfeit trademark seizures. Options D and E are flawed because they suggest release without the trademark owner’s consent unless the merchandise is exported, whereas the regulation requires consent unless the mark is obliterated and the merchandise is exported, which is fully addressed in option C.

April 2019, Q14. CBP may detain articles suspected of bearing a counterfeit version of a trademark that is registered with the U.S. Patent and Trademark Office and recorded with CBP. The detention notice provides notification to the importer that:

  1. AThe merchandise will be detained for a minimum of 60 days.
  2. BThe importer has fourteen days to respond to the notice of detention.
  3. CThe detention period may be extended for up to an additional 60 days for good cause shown by the importer.
  4. DUnless the importer presents information within seven days of the notification establishing that the detained merchandise does not bear a counterfeit mark, CBP may disclose to the owner of the mark information appearing on the merchandise or its retail packaging.
  5. EThe importer must not disclose any information to the owner of the mark.
Show the answer and explanation
Correct answer: D  · Authority: 19 CFR 133.21(b)(1)

The correct answer, D, is supported by 19 CFR 133.21(b)(2)(B), which explicitly states that if the importer fails to present information within seven business days confirming the merchandise does not bear a counterfeit mark, CBP may disclose information on the merchandise to the trademark owner. This directly aligns with the language in option D. Option A is incorrect because the detention period is limited to 30 days, not a minimum of 60 days. Option B is wrong because the response period is seven business days, not fourteen. Option C is unsupported as the regulation does not mention a 60-day extension. Option E is incorrect because the regulation permits disclosure to the trademark owner under the specified conditions, not a blanket prohibition on disclosure.

April 2021, Q74. CBP can release unredacted information to a Right Holder of Trademarked merchandise after a pre-determined waiting period. How many days does an Importer of Record have to respond to CBP regarding a shipment officially detained for suspicion of counterfeit ?

  1. A2 business days
  2. B5 business days
  3. C7 business days
  4. D10 business days
  5. E30 calendar days
Show the answer and explanation
Correct answer: C  · Authority: 19 CFR 133.21(b)(2)(ii)(b)

The correct answer is C) 7 business days because 19 CFR 133.21(b)(2)(ii)(b) explicitly mandates this timeframe for the importer to respond to CBP regarding detained shipments suspected of counterfeit goods. The other options are incorrect because they reference different provisions, such as the 30-day disclosure period in 19 CFR 133.21(e), which applies to the owner of the recorded mark, not the importer’s response time. The 7-day rule is specific to the importer’s obligation under the cited section.

April 2021, Q76. A mail shipment consisting of one handbag valued at $900.00 , bearing a spurious mark identical with, or substantially indistinguishable from, a mark registered on the Principal Register of the U.S. Patent and Trademark Office and recorded with CBP, is not subject to seizure under 19 CFR § 133.21(e) if:

  1. AThe handbag is intended for personal use, and the exemption for the same t ype of article has not been taken within the 30-day detention period.
  2. BThe handbag is intended for personal use, and the quantity does not exceed the exemption of one article of the type bearing the protected trademark.
  3. CThe circumstances allowing trademark or trade name restriction(s) set forth in 19 CFR § 133.22(c) or 19 CFR § 133.23(d) are established.
  4. DThe addressee appears in person at the appropriate CBP office and, at the time, removes or obliterates the mark on the handbag in a manner acceptable to CBP.
  5. ENone of the above.
Show the answer and explanation
Correct answer: E  · Authority: 19 CFR 133.21, 19 CFR 133.24, 19 CFR 145.55, 19 CFR 148.55

The correct answer is E because 19 CFR §133.21(e) mandates seizure of merchandise bearing a counterfeit mark, regardless of intent, quantity, or actions taken by the addressee. The regulation does not provide exemptions for personal use (A), quantity limits (B), or removal of the mark (D). Section 133.22(c) or 133.23(d) (C) pertains to different restrictions unrelated to counterfeit marks. The cited authority explicitly states that seizure occurs upon determination of a counterfeit mark, with no exceptions listed in the cited authority.

April 2022, Q53. CBP officers examine a commercial shipment of t-shirts and find that many of the t-shirts bear suspect versions of popular trademarks. Upon further investigation, the officers find that the suspect marks are recorded with CBP. Through the broker, the officers notify the importer in writing that the shipment has been detained and request information that would assist CBP in determining whether the detained merchandise bears counterfeit marks. The importer does not respond to the notice and the trademark owners, when contacted, advise that the suspect marks were not applied with authorization. CBP seizes the merchandise on the basis that it bears counterfeit marks. The importer wishes to challenge CBP’s decision. What options does the importer have?

  1. ARequest an entry type change from formal to informal
  2. BRe-export the commodity to the country of exportation
  3. CFile an in-bond to another port for entry
  4. DFile a petition for relief
  5. EPay the counterfeit duty and enter the shipment anyway
Show the answer and explanation
Correct answer: D  · Authority: 19 CFR 133.21

The correct answer is D because 19 CFR 133.21(b)(ii) allows CBP to proceed with seizure if the importer fails to respond or provides insufficient information, but the importer may still challenge the seizure through judicial means, such as filing a petition for relief under 19 U.S.C. 1593. This section does not provide a direct administrative remedy for the importer to contest the seizure beyond the initial notice period, necessitating a legal petition. Options A, B, and C pertain to procedural steps unrelated to challenging the seizure, while E involves accepting the seizure by paying duties, which is not the case here.

April 2023, Q7. Which statement correctly identifies the timeframe within which CBP will notify the importer in writing of a detention of merchandise when CBP suspects the merchandise bears a counterfeit version of a mark that is registered with the U.S. Patent and Trademark Office and is recorded with CBP?

  1. AFive (5) business days from the date the decision is made to detain.
  2. BFive (5) calendar days from the date the decision is made to detain.
  3. CSeven (7) business days from the date the merchandise is presented for examination.
  4. DSeven (7) business days from the date of the oral notification to the broker of the detention.
  5. EThirty (30) calendar days from the date on which the merchandise is presented for examination.
Show the answer and explanation
Correct answer: A  · Authority: 19 CFR 133.21(b)(2)(i)(B)

The correct answer is A because 19 CFR 133.21(b)(2)(i)(B) explicitly states that CBP must notify the importer in writing within five business days from the date the decision is made to detain merchandise suspected of bearing a counterfeit mark. Options B and E incorrectly reference calendar days or 30 days, which are not specified in the cited authority. Options C and D misstate the starting point of the timeframe, referencing the date the merchandise is presented for examination or the date of oral notification to the broker, neither of which are mentioned in the rule.

April 2025, Q57. How many business days does an importer have to respond to a CBP Notice of Detention for articles suspected of bearing counterfeit marks before CBP may disclose unredacted information to the owner of the marks?

  1. A2
  2. B4
  3. C5
  4. D7
Show the answer and explanation
Correct answer: D  · Authority: 19 CFR 133.21(b)(2)(ii)

The correct answer is D) 7 because 19 CFR 133.21(b)(2)(ii) explicitly states that the importer must respond within seven business days; otherwise, CBP may disclose unredacted information to the mark owner. Options A, B, and C are incorrect because the cited authority does not mention 2, 4, or 5 business days as the response period. The regulation specifically outlines a seven-day timeframe, making it the only valid answer.

October 2018, Q75. A mail shipment consisting of one handbag valued at $900, bearing a spurious mark identical with, or substantially indistinguishable from, a mark registered on the Principal Register of the U.S. Patent and Trademark Office and recorded with CBP, is NOT subject to seizure under 19 C.F.R. § 133.21(e) because:

  1. AThe handbag is intended for personal use, and the exemption for the same type of article has not been taken within the 30-day detention period.
  2. BThe handbag is intended for personal use, and the quantity does not exceed the exemption of one article of the type bearing the protected trademark.
  3. CThe circumstances allowing trademark or trade name restriction(s) set forth in 19 C.F.R. § 133.22(c) or 19 C.F.R. § 133.23(d) are established.
  4. DThe addressee appears in person at the appropriate CBP office and, at the time, removes or obliterates the mark on the handbag in a manner acceptable to CBP.
  5. ENone of the above.
Show the answer and explanation
Correct answer: E  · Authority: 19 CFR 133.21, 19 CFR 133.24, 19 CFR 145.55, 19 CFR 148.55

The correct answer is E because 19 CFR 133.21(e) mandates seizure of merchandise bearing a counterfeit mark, regardless of personal use, quantity, or actions taken by the addressee. The options A, B, C, and D incorrectly apply rules from other sections (e.g., exemptions for personal use in 19 CFR 148.55 or import restrictions in 19 CFR 133.22/133.23) to 133.21(e), which does not contain such exceptions. The cited authority explicitly states that seizure occurs upon determination of a counterfeit mark, without regard to the options presented.

October 2020 (AM), Q73. A company based in the U.S. is attempting to import handbags that look confusingly similar to a very popular handbag designer. A CBP officer examining the shipment detains the merchandise. How many days does the officer have to determine if the merchandise is counterfeit and what section of the CFR gives the officer authority to detain the merchandise?

  1. AThe officer has 10 days to determine whether merchandise is counterfeit under 19 CFR 1499(1)
  2. BThe officer has an unlimited amount of time to determine whether the merchandise is counterfeit under 19 CFR 141.51
  3. CThe Officer has 120 days to decide whether the merchandise is subject to counterfeit laws under 19 CFR 1499(1)
  4. DThe officer has 30 days from the date in which the merchandise is presented to CBP for examination to make a determination as to whether or not the merchandise is counterfeit under 19 CFR 133.21
  5. EThe officer has 50 days to reach a determination on the merchandise under 19 CFR 133.21
Show the answer and explanation
Correct answer: D  · Authority: 19 CFR 133.21

The correct answer is D because 19 CFR 133.21(b)(1) explicitly states that CBP may detain merchandise for up to 30 days from the date it is presented for examination to determine if it bears a counterfeit mark. This matches the 30-day period in option D. Other options are incorrect because they reference sections not tied to the detention period (e.g., 19 CFR 1499(1) or 141.51) or incorrect timeframes (10, 50, or 120 days), which are not mentioned in the cited authority. The rule is solely grounded in 19 CFR 133.21, which governs detention periods for suspected counterfeit goods.

October 2020 (AM), Q75. Articles suspected of bearing counterfeit marks are detained. If the importer of the article does not provide timely information, or the information provided is insufficient for CBP to determine that the merchandise does not bear a counterfeit mark, CBP may provide the owner of the mark with all of the following, EXCEPT:

  1. ASerial numbers and/or lot codes appearing on the merchandise
  2. BSerial numbers and/or lot codes appearing on the merchandise’s retail packaging
  3. CAny entry documents accompanying the shipment
  4. DA sample of the merchandise and/or its retail packaging in its condition as presented for examination, subject to bond and return requirements
  5. EImages of the merchandise and/or its retail packaging in its condition as presented for examination
Show the answer and explanation
Correct answer: C  · Authority: 19 CFR 133.21

The correct answer is C because 19 CFR 133.21(b)(3) explicitly authorizes CBP to disclose information appearing on the merchandise or its retail packaging, including serial numbers, images, and samples, but does not mention entry documents. The other options (A, B, D, E) are directly referenced in the regulation as permissible disclosures. Entry documents are not part of the information that CBP may provide to the mark owner under this section, making C the exception.

October 2020 (PM), Q76. Articles suspected of bearing counterfeit marks are detained. If the importer of the article does not provide timely information, or the information provided is insufficient for CBP to determine that the merchandise does not bear a counterfeit mark, CBP may provide the owner of the mark with all of the following, EXCEPT:

  1. ASerial numbers and/or lot codes appearing on the merchandise
  2. BSerial numbers and/or lot codes appearing on the merchandise’s retail packaging
  3. CAny entry documents accompanying the shipment
  4. DA sample of the merchandise and/or its retail packaging in its condition as presented for examination, subject to bond and return requirements
  5. EImages of the merchandise and/or its retail packaging in its condition as presented for examination
Show the answer and explanation
Correct answer: C  · Authority: 19 CFR 133.21

The correct answer is C because 19 CFR 133.21(b)(3) explicitly limits CBP’s disclosure to information appearing on the merchandise or its retail packaging, including serial numbers, images, and samples. Entry documents are not mentioned in this provision and are unrelated to the physical characteristics of the detained items. The other options (A, B, D, E) are directly referenced in the regulation as permissible disclosures. Option C is excluded because the authority does not authorize the release of entry documents under these circumstances.

October 2021, Q55. I f articles suspected of bearing counterfeit marks are detained and the importer does not provide timely information, or the information provided is insufficient for CBP to determine that the merchandise does not bear a counterfeit mark, CBP may provide the owner of the mark with all of the following, EXCEPT:

  1. AThe country of origin of the merchandise
  2. BThe value of the merchandise
  3. CImages of the merchandise in its condition as presented for examination
  4. DImages of the merchandise’s retail packaging in its condition as presented for examination
  5. EA sample of the merchandise and/or its retail packaging in its condition as presented for examination, subject to bond and return requirements
Show the answer and explanation
Correct answer: B  · Authority: 19 CFR 133.21(e)-(f)

The correct answer is B because 19 CFR 133.21(c)(1) explicitly permits CBP to disclose the country of origin (A), images of the merchandise (C), images of retail packaging (D), and samples (E) to the mark owner for counterfeit determination, but it does not mention disclosing the value of the merchandise. The authority text does not authorize disclosure of value, making B the exception. The other options are directly supported by the cited section, which outlines permissible disclosures to assist in counterfeit mark assessments.

October 2023, Q70. Choose the ONE answer that correctly fills in the blank. CBP may detain articles suspected of bearing a counterfeit version of a trademark that is registered with the U.S. Patent and Trademark Office and recorded with CBP. The detention notice provides notification to the importer that ___.

  1. AThe merchandise will be detained for a minimum of sixty (60) days.
  2. BThe detention period may be extended for an additional sixty (60) days for good cause shown by the importer.
  3. CUnless the importer presents information within seven (7) days of the notification establishing that the detained merchandise does not bear a counterfeit trade mark, CBP may disclose to the owner of the mark information appearing on the merchandise or its retail packaging.
  4. DThe importer must not disclose any information to the owner of the mark.
Show the answer and explanation
Correct answer: C  · Authority: 19 CFR 133.21(b)(2)(i)(B)

The correct answer is C because 19 CFR 133.21(b)(2)(i)(B) explicitly states that if the importer fails to provide information within seven business days confirming the merchandise does not bear a counterfeit mark, CBP may disclose information about the detained merchandise to the trademark owner. Option A is incorrect because the detention period is up to 30 days, not 60, as stated in 19 CFR 133.21(b)(1). Option B is incorrect because the regulation does not mention a 60-day extension; the detention period is limited to 30 days unless the merchandise is released earlier. Option D is incorrect because the regulation permits, not prohibits, disclosure to the trademark owner under the specified conditions.

October 2023, Q71. Which list below correctly states the issues that can be flagged on an entry summary for reconciliation?

  1. AFree trade agreement, subchapter 9802 of the Harmonized Tariff Schedule of the U.S. (HTSUS), classification, value, or a combination thereof
  2. BMissing documents, anti-dumping and/or countervailing duty deposits, in-bond movement of merchandise, quota merchandise, or a combination thereof
  3. CCountry of origin, description of merchandise, quota visa number, Census data, or a combination thereof
  4. DManufacturer (or Supplier), ship to party, country of origin, commodity HTSUS number, or a combination thereof
Show the answer and explanation
Correct answer: A  · Authority: 19 CFR 133.21(b)(2)

The correct answer is A because 19 CFR 133.21(b)(2) explicitly references issues like classification, value, and free trade agreements as factors that can be flagged during reconciliation, aligning with the listed options. The other choices are incorrect because they reference unrelated matters such as missing documents (B), country of origin (C), or manufacturer details (D), which are not explicitly tied to reconciliation issues in the cited authority. The cited authority does not address these other options, so they cannot be validated by the given section.

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