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TREAS/CUSTOMS

RIN: 1515-AD87

Publication ID: Spring 2014

Title: Disclosure of Information for Certain Intellectual Property Rights Enforced at the Border
Abstract: Amendment to the U.S. Customs and Border Protection (CBP) interim regulations pertaining to importations of merchandise bearing recorded trademarks or recorded trade names. The amendments allow CBP, in accordance with the National Defense Authorization Act, subject to limitations, to disclose to an intellectual property right holder information appearing on merchandise or its retail packaging that may comprise information otherwise protected by the Trade Secrets Act, for the purpose of assisting CBP in determining whether the merchandise bears a counterfeit mark. Such information is provided to the right holder in the form of photographs or a sample of the goods and/or their retail packaging in their condition as presented to CBP for examination and alphanumeric codes appearing on the goods (including serial numbers, universal product codes, and stockkeeping unit (SKU) numbers). These changes provide a pre-seizure procedure for disclosing information about imported merchandise suspected of bearing a counterfeit mark for the limited purpose of obtaining the right holder's assistance in determining whether or not the mark is counterfeit.
Agency: Department of the Treasury(TREAS)	Priority: Other Significant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Final Rule Stage
Major: No	Unfunded Mandates: No
CFR Citation: 19 CFR 133.21 19 CFR 133.22(f) 19 CFR 133.23(g) 19 CFR 133.26 19 CFR 151.16(a)
Legal Authority: 19 USC 66 19 USC 1202 19 USC 1624 19 USC 1499 19 USC 1526 15 USC 1124 15 USC 1125 15 USC 1127 17 USC 101 17 USC 601 17 USC 602 17 USC 603 31 USC 9701 18 USC 1905 PL 112-81, sec 818(g)

Legal Deadline: None

Timetable:

Action	Date	FR Cite
Interim Final Rule	04/24/2012	77 FR 24375
Interim Final Rule Comment Period End	06/25/2012
Final Action	08/00/2014

Regulatory Flexibility Analysis Required: No	Government Levels Affected: None
Small Entities Affected: No	Federalism: No
Included in the Regulatory Plan: No
International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest.
RIN Data Printed in the FR: No
Agency Contact: Paul Pizzeck Chief, Penalties Branch Department of the Treasury Customs Revenue Function Regulations and Rulings, Office of International Trade, U.S. Customs and Border Protection, 90 K Street NE., 10th Floor, Washington, DC 20229-1177 Phone:202 325-0082 Fax:202 325-0154 Email: paul.pizzeck@cbp.dhs.gov Charles Steuart Chief, Intellectual Property Rights Branch Department of the Treasury Customs Revenue Function Regulations and Rulings, Office of International Trade, U.S. Customs and Border Protection, 90 K Street NE., 10th Floor, Washington, DC 20229-1177 Phone:202 325-0093 Fax:202 325-0120 Email: charles.r.steuart@cbp.dhs.gov