Sec. 243. Seizure of circumvention devices
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Section 596(c)(2) of the Tariff Act of 1930 ( 19 U.S.C. 1595a(c)(2) ) is amended— in subparagraph (E), by striking or ; in subparagraph (F), by striking the period and inserting ; or ; and by adding at the end the following: the U.S. Customs and Border Protection Agency determines it is a technology, product, service, device, component, or part thereof the importation of which is prohibited under subsection (a)(2) or (b)(1) of section 1201 of title 17, United States Code. . Except as provided in paragraph (2), not later than 30 days after seizing merchandise pursuant to subparagraph
(G)of section 596(c)(2) of the Tariff Act of 1930, as added by subsection (a), the Commissioner shall publish on the Internet website of the U.S. Customs and Border Protection Agency information regarding the merchandise seized to permit any person to identify the merchandise and determine whether the merchandise is— a technology, product, service, device, component, or part thereof described in section 1201(a)(2) of title 17, United States Code, that— is primarily designed or produced for the purpose of circumventing a technological measure that effectively controls access to a work for which the person has a copyright that is registered under title 17, United States Code, or that is otherwise recorded with the Agency; has only limited commercially significant purpose or use other than to circumvent such a technological measure; or is marketed for use in circumventing such a technological measure; or a technology, product, service, device, component, or part thereof described in section 1201(b)(1) of title 17, United States Code, that— is primarily designed or produced for the purpose of circumventing protection afforded by a technological measure that effectively protects a right of the person in a work or a portion of a work that is registered under title 17, United States Code, or that is otherwise recorded with the Agency; has only limited commercially significant purpose or use other than to circumvent protection afforded by such a technological measure; or is marketed for use in circumventing protection afforded such a technological measure. The Commissioner may not publish information under paragraph
(1)if publishing that information would compromise an ongoing law enforcement investigation or national security. Not later than 30 days after publishing the information required under subsection
(b)with respect to seized merchandise, any person that determines that the seized merchandise is merchandise that infringes a right of the person as described in subsection
(b)(or an agent of such a person) may submit to the U.S. Customs and Border Protection Agency an application that— identifies the person as a person that holds such a right (or an agent of such a person); and requests the information described in subsection (d). Subject to subsection (f), the Commissioner shall disclose to a person that submitted an application described in subsection
(c)with respect to seized merchandise the following information: The date of importation of the seized merchandise. The United States port of entry at which the merchandise was seized. A description of the merchandise. The quantity of merchandise seized. The country of origin of the merchandise. The name and address of the foreign manufacturer of the merchandise. The name and address of the exporter of the merchandise. The name and address of the importer of the merchandise. Subject to subsection (f), the Commissioner may, on an expedited basis, disclose information pursuant to subsection
(d)with respect to merchandise seized pursuant to subparagraph
(G)of section 526(c)(2) of the Tariff Act of 1930, as added by subsection (a), and with respect to which information is published pursuant to subsection (b), to a person that has previously submitted an application under subsection
(c)with respect to such merchandise. The Commissioner may not disclose information under subsection
(d)or
(e)with respect to merchandise seized pursuant to subparagraph
(G)of section 526(c)(2) of the Tariff Act of 1930, as added by subsection (a), until the Commissioner has made a final determination with respect to whether the merchandise is a technology, product, service, device, component, or part thereof the importation of which is prohibited under subsection (a)(2) or (b)(1) of section 1201 of title 17, United States Code.
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Sec. 243
Seizure of circumvention devices
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