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?
A. Request a change of entry type from formal to informal
B. Re-export the commodity to the country of exportation
C. File an in-bond to another port for entry
D. File a petition for relief
E. Pay the counterfeit duty and enter the shipment anyway
[bg_collapse view=”button-green” color=”#4a4949″ icon=”arrow” expand_text=”Show Answer and Citation” collapse_text=”Hide Answer and Citation” ]
The Answer is: D
Citation: 19CFR 133.21, 19 CFR 171
[/bg_collapse]