Which of the following shipments does not contain restricted gray market merchandise as defined in 19 C.F.R. § 133.23?
A) A shipment of jeans, bearing a trademark registered and recorded in the United States, applied by a U.S. trademark owner’s foreign licensee independent of the U.S. trademark owner.
B) A shipment of shoes, bearing a trademark registered and recorded in the United States, applied under the authority of a foreign trademark owner other than the U.S. owner, a parent or subsidiary of the U.S. owner, or a party under common ownership or control with the U.S. owner, to whom the U.S. owner sold the foreign title.
C) A shipment of jackets, bearing a trademark registered and recorded in the United States, applied under the authority of a foreign trademark owner other than the U.S. owner, a parent or subsidiary of the U.S. owner, or a party under common ownership or control with the U.S. owner, from whom the U.S. owner acquired the domestic title.
D) A shipment of books, bearing a U.S. registered and recorded trademark applied by a foreign subsidiary of the U.S. owner, determined by CBP to be different from the books authorized by the U.S. owner for importation or sale in the United States. The books feature a conspicuous label that they are not authorized by the U. S. owner for importation into the U.S. and are physically and materially different from the authorized ones.
E) A shipment of shirts, bearing a genuine foreign trademark owned by a foreign trademark owner, identical with or substantially indistinguishable from a trademark registered and recorded in the United States. The shipment was imported without the authorization of the U.S. owner who is not related to the foreign owner.
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The Answer is: E
Citation: 19 C.F.R. § 133.23
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