Gray market articles, bearing a trademark registered with the U.S. Patent and Trademark Office and recorded with CBP, whose importation is restricted by CBP pursuant to regulation on the basis of physical and material differences:
A) Can never be imported
B) Can only be imported with the consent of the U.S. trademark owner
C) Can be imported, after detention, if information appearing on the merchandise or its retail packaging, including, but not limited to, serial numbers, dates of manufacture, lot codes, batch numbers, and universal product codes, is disclosed to the U.S. trademark owner within five days of the date of importation
D) Can be imported notwithstanding any physical and material differences if it bears a conspicuous and legible label designed to remain on the imported articles in order to indicate that they are physically and materially different from the product authorized for sale in the U.S.
E) All of the above
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The Answer is: D
Citation: 19 C.F.R. ยง 133.23(b)
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