Sec. 202. Seizure and forfeiture and disposition of, and expanded liability for, merchandise bearing a counterfeit mark or infringing a copyright
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Section 526(e) of the Tariff Act of 1930 ( 19 U.S.C. 1526(e) ) is amended to read as follows: Merchandise described in paragraph
(2)shall— be seized or otherwise interdicted pursuant to such regulations as the Secretary shall prescribe; and in the absence of the written consent of the owner of the mark or copyright being infringed, be forfeited for violations of the customs laws. Merchandise described in this paragraph is— merchandise bearing a counterfeit mark that is— imported into the United States in violation of the provisions of section 42 of the Lanham Act ( 15 U.S.C. 1124 ); or exported or sent from the United States or attempted to be exported or sent from the United States; or merchandise that is imported into or exported from the United States in violation of section 602 of title 17, United States Code. In the case of merchandise described in subparagraph (B)— such merchandise may be summarily forfeited for violations of the customs laws; and title to such merchandise shall vest immediately in the United States. Merchandise is described in this subparagraph if— the merchandise is merchandise described in paragraph (2); and in the case of merchandise being imported or attempted to be imported, an administrative exemption under section 321(a)(2)(C) is claimed with respect to the merchandise; or in the case of merchandise being exported or sent or attempted to be exported or sent from the United States, the aggregate value of the shipment of the merchandise at the time the merchandise is exported or sent from the United States or attempted to be exported or sent from the United States is equal to or less than $800. Upon seizure of merchandise described in subparagraph (B), the Secretary shall notify the owner of the mark or copyright being infringed in such form and manner as the Secretary shall prescribe by regulation, which may include communication through an authorized electronic data interchange system. After forfeiture of merchandise under paragraph (1)— the Secretary shall destroy the merchandise; or if the merchandise is not unsafe or a hazard to health, and the Secretary has the consent of the owner of the mark or copyright being infringed, the Secretary may obliterate the mark where feasible and dispose of the merchandise— by delivery to such Federal, State, and local government agencies as in the opinion of the Secretary have a need for such merchandise; by gift to such eleemosynary institutions as in the opinion of the Secretary have a need for such merchandise; or more than 90 days after the date of forfeiture, by sale by U.S. Customs and Border Protection at public auction under such regulations as the Secretary prescribes, except that before making any such sale the Secretary shall determine that no Federal, State, or local government agency or eleemosynary institution has established a need for such merchandise under clause
(i)or (ii). In this subsection: The term counterfeit mark means a mark that is counterfeit within the meaning of section 45 of the Lanham Act ( 15 U.S.C. 1127 ). The term Lanham Act means the Act entitled An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes , approved July 5, 1946 (commonly known as the Trademark Act of 1946 or the Lanham Act ) ( 15 U.S.C. 1051 et seq. ). The term mark has the meaning given that term in section 45 of the Lanham Act ( 15 U.S.C. 1127 ). . Section 526(f) of the Tariff Act of 1930 ( 19 U.S.C. 1526(f) ) is amended— in paragraph (1)— by striking assists and inserting or assists, ; and by striking the importation and all that follows through subsection
(e)and inserting any importation or exportation of merchandise in violation of subsection
(e); in paragraph (2), by inserting or for the first interdiction of such merchandise for which notice has been provided pursuant to such regulations as the Secretary shall prescribe, after such seizure, ; in paragraph (3), by inserting or for the second interdiction and thereafter of such merchandise for which notice has been provided pursuant to such regulations as the Secretary shall prescribe, after thereafter, ; and in paragraph (4), by striking the Customs Service and inserting U.S. Customs and Border Protection . Section 526 of the Tariff Act of 1930 ( 19 U.S.C. 1526 ) is amended, in the section heading, by inserting after or protected copyrighted work . trade-mark
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Sec. 202
Seizure and forfeiture and disposition of, and expanded liability for, merchandise bearing a counterfeit mark or infringing a copyright
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