19 C.F.R. § 133.51

Relief from forfeiture or liquidated damages

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(a) Petition for relief. The importer may petition in accordance with parts 171 and 172 of this chapter for relief from, or cancellation of, a forfeiture incurred for violation of the trademark or copyright laws, including the DMCA, or a claim for liquidated damages for failure to redeliver released merchandise incurred under the provisions of § 133.24, § 133.46, or § 133.48.

(b) Conditioned relief. In appropriate cases, except for articles bearing a counterfeit trademark, relief from a forfeiture may be granted pursuant to a petition for relief upon the following conditions and such other conditions as may be specified by the appropriate Customs authority:

(1) The unlawfully imported or prohibited articles are exported or destroyed under Customs supervision and at no expense to the Government;

(2) All offending trademarks or trade names are removed or obliterated prior to release of the articles:

(3) In the case of books or periodicals manufactured abroad contrary to the terms of the “American manufacturing clause” of the Copyright Act of 1976 (17 U.S.C. 602, 603):

(i) Satisfactory evidence is submitted that a statement of abandonment has been filed and recorded in the Copyright Office by the copyright owner in accordance with the procedures of the Copyright Office; and

(ii) The notice of copyright is completely obliterated prior to release of the books or periodicals.

[T.D. 72-266, 37 FR 20678, Oct. 3, 1972, as amended by T.D. 79-159, 44 FR 31968, June 4, 1979; T.D. 87-40, 52 FR 9476, Mar. 25, 1987; CBP Dec. 24-03, 89 FR 52378, June 24, 2024]
Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 1986–2023 · leading case: Valancourt Books, LLC v. Merrick Garland, 82 F.4th 1222 (D.C. Cir. 2023).
Valancourt Books, LLC v. Merrick Garland, 82 F.4th 1222 (D.C. Cir. 2023). “19 C.F.R. § 133.51 (b)(3)(i). As one court recognized, that regulation exempts “work[s] for which copyright protection is not claimed” from certain importation restrictions.”
Authors League of Am., Inc. v. Oman, 790 F.2d 220 (2d Cir. 1986). “19 C.F.R. § 133.51 (b)(3) (1985). In effect, therefore, foreign manufacture does not bar importation or distribution of any work for which copyright protection is not claimed.”
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