2020 October No.73 – Intellectual Property Rights


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?

A. The officer has 10 days to determine whether merchandise is counterfeit under 19 CFR 1499(1)

B. The officer has an unlimited amount of time to determine whether the merchandise is counterfeit under 19 CFR 141.51

C. The Officer has 120 days to decide whether the merchandise is subject to counterfeit laws under 19 CFR 1499(1)

D. The 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

E. The officer has 50 days to reach a determination on the merchandise under 19 CFR 133.21

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The Answer is : D

Citation: 19CFR?? 133.21

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