17 U.S.C. § 603
Importation prohibitions: Enforcement and disposition of excluded articles
(a) The Secretary of the Treasury and the United States Postal Service shall separately or jointly make regulations for the enforcement of the provisions of this title prohibiting importation.(b) These regulations may require, as a condition for the exclusion of articles under section 602—(1) that the person seeking exclusion obtain a court order enjoining importation of the articles; or(2) that the person seeking exclusion furnish proof, of a specified nature and in accordance with prescribed procedures, that the copyright in which such person claims an interest is valid and that the importation would violate the prohibition in section 602; the person seeking exclusion may also be required to post a surety bond for any injury that may result if the detention or exclusion of the articles proves to be unjustified.(c) Articles imported in violation of the importation prohibitions of this title are subject to seizure and forfeiture in the same manner as property imported in violation of the customs revenue laws. Forfeited articles shall be destroyed as directed by the Secretary of the Treasury or the court, as the case may be.(Pub. L. 94–553, title I, § 101, Oct. 19, 1976, 90 Stat. 2590; Pub. L. 104–153, § 8, July 2, 1996, 110 Stat. 1388.)Historical and Revision Noteshouse report no. 94–1476The importation prohibitions of both sections 601 and 602 would be enforced under section 603, which is similar to section 109 of the statute now in effect [section 109 of former title 17]. Subsection (a) would authorize the Secretary of the Treasury and the United States Postal Service to make regulations for this purpose, and subsection (c) provides for the disposition of excluded articles.
Subsection (b) of section 603 deals only with the prohibition against importation of “piratical” copies or phonorecords, and is aimed at solving problems that have arisen under the present statute. Since the United States Customs Service is often in no position to make determinations as to whether particular articles are “piratical,” section 603(b) would permit the Customs regulations to require the person seeking exclusion either to obtain a court order enjoining importation, or to furnish proof of his claim and to post bond.
Editorial NotesAmendments1996—Subsec. (c). Pub. L. 104–153 substituted a period at end for “; however, the articles may be returned to the country of export whenever it is shown to the satisfaction of the Secretary of the Treasury that the importer had no reasonable grounds for believing that his or her acts constituted a violation of law.”
Notes of Decisions
Schaper Mfg. Co. v. Regan, 566 F. Supp. 894 (Ct. Intl. Trade 1983).
“17 U.S.C. § 603 , enacted in 1976, also authorizes the Secretary of the Treasury and U.”
Authors League of Am., Inc. v. Ass'n of Am. Publishers, 619 F. Supp. 798 (S.D.N.Y. 1985).
· cites it 2× “” 17 U.S.C. § 603 (a) (1982). 4 . Section 603(c) provides that [articles imported in violation of the importation prohibition of this title are subject to seizure and forfeiture in the same manner as property imported in violation of the customs revenue laws.”
Miss Am. Org. v. Mattel, Inc., 945 F.2d 536 (2d Cir. 1991).
· cites it 2× “See 17 U.S.C. § 603 (a) (1988). The regulations may require as a condition of exclusion *539 that the person seeking exclusion obtain a court order, furnish proof in accordance with prescribed procedures that there is a valid copyright and the importation would infringe that…”
M.W. Kasch Co. v. United States, 640 F. Supp. 1335 (Ct. Intl. Trade 1986).
“While the copyright law, 17 U.S.C. § 603 (c), is the statutory underpinning of the regulations (and actions) of the Customs Service, that section itself is tied directly to the manner of enforcement of the “customs revenue laws”, a term also found in section 514 of the Tariff…”
Authors League of Am., Inc. v. Oman, 790 F.2d 220 (2d Cir. 1986).
“Under the applicable regulations authorized by 17 U.S.C. § 603 (a), an unlimited number of copies of a work manufactured in violation of the clause may be imported if, when applying for an import statement, the importer shows that a statement of abandonment of copyright has been…”
Miss Am. Org. v. Mattel, Inc., 760 F. Supp. 1107 (S.D.N.Y. 1991).
· cites it 2× “” 17 U.S.C.A. § 603 (a). Those regulations may require “that the person seeking exclusion [of the imported goods] furnish proof .”
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