A shipment of imported merchandise valued in excess of $50,000 is detained on suspicion that the merchandise bears a suspect version of a federally registered trademark that is recorded with CBP. The importer is notified of the detention and given seven days in which to provide information that would establish that the merchandise does not bear a counterfeit mark. Because no information is provided in a timely manner, CBP provides the owner of the recorded trademark with digital images of the merchandise and its retail packaging, to include images that feature universal product codes that appear on the merchandise. Following receipt of the images, the trademark owner advises CBP that the suspect marks were not applied to the merchandise with authorization. CBP seizes the merchandise on the basis that it bears a counterfeit trademark. Which of the following actions can the importer take to secure the release of the shipment?
A) Remove or obliterate the counterfeit mark in such a manner as to render the mark illegible or incapable of being reconstituted
B) Establish that the personal use exemption allowed under 19 CFR § 148.55 is applicable in this situation
C) Obtain the trademark owner’s written consent to allow entry of the seized merchandise in its condition as imported or its exportation and entry after obliteration of the mark or other appropriate disposition
D) Export the merchandise bearing the counterfeit mark to the country of exportation
E) Remove or obliterate the counterfeit mark in such a manner as to render the mark illegible or incapable of being reconstituted then export it to the country of exportation
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The Answer is: C
Citation: 19 C.F.R. § 133.21(f)
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