2000 April No. 22


Customs detains an imported article bearing a copying or simulating trademark. The importer has 30 days to establish the existence of certain qualifying circumstances that would allow the article to be entered. Which one of the following is NOT a qualifying circumstance?

A) The merchandise is imported by the recordant of the trademark or trade name or his/her designate.

B) The articles of foreign manufacturer bear a recorded trademark and the one-item personal exemption is claimed and allowed under CFR 148.55 of the Customs regulations.

C) The objectionable mark is removed or obliterated by grinding off the imprinted trademarks.

D) The recordant gives written consent to the importation, and such consent is furnished to Customs.

E) The importer establishes that he/she had no knowledge of the existence of the copying or simulating trademark prior to the article’s importation.

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The Answer is: E

Citation: 19 CFR 133.22

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