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19 U.S.C. § 1628a — Exchange of information related to trade enforcement

Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 1628a — Exchange of information related to trade enforcement

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Stable record: federal_law:legal_authorities:record_usc_003c591ea0e2d32d10b9f484
Source file: Laws/federal/codes/united-states-code/title-19/section-1628a-exchange-of-information-related-to-trade-enforcement--f88cb2c7e4.md
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Source location: Title 19, Chapter 4, § 1628a; chapter-004-tariff-act-of-1930.md

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**(a) In general** Subject to subsections (c) and (d), if the Commissioner of U.S. Customs and Border Protection suspects that merchandise is being imported into the United States in violation of [section 1526 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1526&num=0&edition=prelim) or section 602, 1201(a)(2), or 1201(b)(1) of title 17 and determines that the examination or testing of the merchandise by a person described in subsection (b) would assist the Commissioner in determining if the merchandise is being imported in violation of that section, the Commissioner, to permit the person to conduct the examination and testing— (1) shall provide to the person information that appears on the merchandise and its packaging and labels, including unredacted images of the merchandise and its packaging and labels; and (2) may, subject to any applicable bonding requirements, provide to the person unredacted samples of the merchandise. **(b) Person described** A person described in this subsection is— (1) in the case of merchandise suspected of being imported in violation of [section 1526 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1526&num=0&edition=prelim), the owner of the trademark suspected of being copied or simulated by the merchandise; (2) in the case of merchandise suspected of being imported in violation of [section 602 of title 17](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title17-section602&num=0&edition=prelim), the owner of the copyright suspected of being infringed by the merchandise; (3) in the case of merchandise suspected of being primarily designed or produced for the purpose of circumventing a technological measure that effectively controls access to a work protected under that title, and being imported in violation of section 1201(a)(2) of that title, the owner of a copyright in the work; and (4) in the case of merchandise suspected of being primarily designed or produced for the purpose of circumventing protection afforded by a technological measure that effectively protects a right of an owner of a copyright in a work or a portion of a work, and being imported in violation of section 1201(b)(1) of that title, the owner of the copyright. **(c) Limitation** Subsection (a) applies only with respect to merchandise suspected of infringing a trademark or copyright that is recorded with U.S. Customs and Border Protection. **(d) Exception** The Commissioner may not provide under subsection (a) information, photographs, or samples to a person described in subsection (b) if providing such information, photographs, or samples would compromise an ongoing law enforcement investigation or national security.

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 1526 — Merchandise bearing American trade-mark

**(a) Importation prohibited** Except as provided in subsection (d) of this section, it shall be unlawful to import into the United States any merchandise of foreign manufacture if such merchandise, or the label, sign, print, package, wrapper, or receptacle, bears a trademark owned by a citizen of, or by a corporation or association created or organized within, the United States, and registered in the Patent and Trademark Office by a person domiciled in the United States, under the provisions of sections 81 to 109 of title 15, and if a copy of the certificate of registration of such trademark is filed with the Secretary of the Treasury, in the manner provided in section 106 of said title 15, unless written consent of the owner of such trademark is produced at the time of making entry. **(b) Seizure and forfeiture** Any such merchandise imported into the United States in violation of the provisions of this section shall be subject to seizure and forfeiture for violation of the customs laws. **(c) Injunction and damages** Any person dealing in any such merchandise may be enjoined from dealing therein within the United States or may be required to export or destroy such merchandise or to remove or obliterate such trademark and shall be liable for the same damages and profits provided for wrongful use of a trade-mark, under the provisions of sections 81 to 109 of title 15. **(d) Exemptions; publication in Federal Register; forfeitures; rules and regulations** (1) The trademark provisions of this section and [section 1124 of title 15](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1124&num=0&edition=prelim), do not apply to the importation of articles accompanying any person arriving in the United States when such articles are for his persona

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Federal law — U.S. Code and appendices · legal_authorities

17 U.S.C. § 602 — Infringing importation or exportation of copies or phonorecords

**(a) Infringing Importation or Exportation.—** (1) **Importation.—** — Importation into the United States, without the authority of the owner of copyright under this title, of copies or phonorecords of a work that have been acquired outside the United States is an infringement of the exclusive right to distribute copies or phonorecords under section 106, actionable under section 501. (2) **Importation or exportation of infringing items.—** — Importation into the United States or exportation from the United States, without the authority of the owner of copyright under this title, of copies or phonorecords, the making of which either constituted an infringement of copyright, or which would have constituted an infringement of copyright if this title had been applicable, is an infringement of the exclusive right to distribute copies or phonorecords under section 106, actionable under sections 501 and 506. (3) **Exceptions.—** — This subsection does not apply to— (A) importation or exportation of copies or phonorecords under the authority or for the use of the Government of the United States or of any State or political subdivision of a State, but not including copies or phonorecords for use in schools, or copies of any audiovisual work imported for purposes other than archival use; (B) importation or exportation, for the private use of the importer or exporter and not for distribution, by any person with respect to no more than one copy or phonorecord of any one work at any one time, or by any person arriving from outside the United States or departing from the United States with respect to copies or phonorecords forming part of such person’s personal baggage; or (C) importation by or for an organization operated for scholarly, educational, or religious purpose

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 4344 — Enforcement by U.S. Customs and Border Protection of works for which copyright registration is pending

Not later than the date that is 180 days after February 24, 2016, the Secretary of Homeland Security shall authorize a process pursuant to which the Commissioner shall enforce a copyright for which the owner has submitted an application for registration under title 17 with the United States Copyright Office, to the same extent and in the same manner as if the copyright were registered with the Copyright Office, including by sharing information, images, and samples of merchandise suspected of infringing the copyright under [section 1628a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1628a&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 4344

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 1628a — Exchange of information related to trade

Page 313 TITLE 19—CUSTOMS DUTIES § 1629 1993—Subsec. (c). Pub. L. 103–182 added subsec. (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2020 AMENDMENT; RETENTION OF AUTHORITY TO EXCHANGE INFORMATION Amendment by Pub. L. 116–113 effective on the date the USMCA enters into force (July 1, 2020) and applica- ble with respect to goods entered for consumption, or withdrawn from warehouse for consumption, on or after that date, see section 209(d) of Pub. L. 116–113, set out as an Effective Date of 2020 Amendment note under section 1304 of this title. Pub. L. 116–113, title II, § 209(e), Jan. 29, 2020, 134 Stat. 53, provided that: ‘‘Notwithstanding the amendment made by subsection (c) [amending this section], the Secretary of the Treasury shall retain the authority provided in section 628(c) of the Tariff Act of 1930 [19 U.S.C. 1628(c)] (as in effect on the day before the date on which the USMCA enters into force [July 1, 2020]) to exchange information with any government agency of a NAFTA country (as defined in section 2 of the North American Free Trade Agreement Implementation Act [19 U.S.C. 3301] (as in effect on the day before the date on which the USMCA enters into force)).’’ [For definition of ‘‘USMCA’’ as used in section 209(e) of Pub. L. 116–113, set out above, see section 4502 of this title.] EFFECTIVE DATE OF 1993 AMENDMENT Amendment by Pub. L. 103–182 effective on the date the North American Free Trade Agreement enters into force with respect to the United States (Jan. 1, 1994), see section 213(b) of Pub. L. 103–182, formerly set out as an Effective Date note under former section 3331 of this title. TRANSFER OF FUNCTIONS For transfer of functions, personnel, assets, and li- abilities of the United States Customs Service

Source: Supplied 2024 U.S. Code historical extraction · 19 U.S.C. § 1628a

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