19 C.F.R. § 133.27

Civil fines for those involved in the importation of merchandise bearing a counterfeit mark

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In addition to any other penalty or remedy authorized by law, CBP may impose a civil fine under 19 U.S.C. 1526(f) on any person who directs, assists financially or otherwise, or aids and abets the importation of merchandise for sale or public distribution that bears a counterfeit mark resulting in a seizure of the merchandise under 19 U.S.C. 1526(e) (see § 133.21 of this subpart), as follows:

(a) First violation. For the first seizure of merchandise under this section, the fine imposed will not be more than the value the merchandise would have had if it were genuine, according to the manufacturer's suggested retail price in the United States at the time of seizure.

(b) Subsequent violations: For the second and each subsequent seizure under this section, the fine imposed will not be more than twice the value the merchandise would have had if it were genuine, according to the manufacturer's suggested retail price in the United States at the time of seizure.

[CBP Dec. 03-12, 68 FR 43637, July 24, 2003]

Notes of Decisions

Cited in 1 case, 2009–2009 · leading case: United States v. Nguyen, 655 F. Supp. 2d 1203 (S.D. Ala. 2009).

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United States v. Nguyen, 655 F. Supp. 2d 1203 (S.D. Ala. 2009). · cites it 2× “§ 1526 (f)(2) and 19 C.F.R. § 133.27 (a). On July 10, 2003, trained and experienced CBP personnel researched the appropriate MSRP for the counterfeit goods, as if they were genuine, and calculated the appropriate civil fine or penalty.”

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