19 CFR 133.21 — Articles suspected of bearing counterfeit marks.

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

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.

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.

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

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.

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

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.

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

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.

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

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

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

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

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.

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