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Civil Fines for Importation of Merchandise Bearing a Counterfeit Mark

customs-cbp · CBP · Rule · Published 2003-07-24 · 68 FR 43635

Document

Document number
03-18838
Federal Register citation
68 FR 43635
CFR reference
19 CFR 133
Type
Rule
Action
Final rule.
Category
customs-cbp
Sub-agency
CBP
Publication date
2003-07-24
Treasury docket
CBP Decision 03-12

Abstract

This document amends the Customs Regulations to clarify the limit on the amount of a civil fine which may be assessed by the Bureau of Customs and Border Protection (CBP; a bureau of the new Department of Homeland Security that encompasses much of the agency formerly known as the U.S. Customs Service) when imported merchandise bearing a counterfeit mark is seized under 19 U.S.C. 1526(e). The regulations currently use, as a measurement for determining the limit, the domestic value of merchandise as if it had been genuine, based on the manufacturer's suggested retail price of the merchandise at the time of seizure. The language set forth in the amended regulation adheres more closely to the statutory language, basing the limit of the civil fine on the value of the genuine good according to the manufacturer's suggested retail price (MSRP), without any reference to domestic value. Because the MSRP excludes discounted sales and markdowns, it is usually greater than the good's domestic value. Removing the distinction between the statutory and regulatory language will clear up confusion and result in CBP more uniformly determining the amount of a civil fine when merchandise bearing a counterfeit mark is imported.

Source

Authoritative
Federal Register document
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