9111-14
DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
DEPARTMENT OF THE TREASURY
19 CFR Parts 113, 133, 148, 151, and 177
[CBP Dec. 24-03; USCBP-2019-0037]
RIN 1515-AE26
Enforcement of Copyrights and the Digital Millennium Copyright Act
AGENCY: U.S. Customs and Border Protection, Department of Homeland Security;
Department of the Treasury.
ACTION: Final rule.
SUMMARY: This document adopts as final, with some changes, proposed amendments to the
U.S. Customs and Border Protection (CBP) regulations pertaining to importations of
merchandise that violate or are suspected of violating the copyright laws, including the Digital
Millennium Copyright Act (DMCA), in accordance with title III of the Trade Facilitation and
Trade Enforcement Act of 2015 (TFTEA). The amendments set forth in this document clarify
the definition of “piratical articles,” simplify the detention process involving goods suspected of
violating the copyright laws, and prescribe new regulations enforcing the DMCA.
DATES: This final rule is effective on [INSERT DATE 60 DAYS AFTER DATE OF
PUBLICATION IN THE FEDERAL REGISTER].
FOR FURTHER INFORMATION CONTACT: Alaina van Horn, Chief, Intellectual
Property Enforcement Branch, Regulations and Rulings, Office of Trade, U.S. Customs and
Border Protection, (202) 325-0083, Alaina.VanHorn@cbp.dhs.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents

I. Background
A. Digital Millennium Copyright Act and the Trade Facilitation and Trade Enforcement
Act of 2015
B. Notice of Proposed Rulemaking
C. Changes from the Proposed Rule for Applying to CBP for DMCA Protections
II. Discussion of Comments
A. Bond Requirements for Right Holders to Obtain Samples from CBP
1. Type of bond
2. Bond conditions
3. Amount of the bond
4. Bond return requirements
B. Definitions
1. Piratical articles
2. Copyright protection measure
C. Pre-Seizure Disclosures to Right Holders
1. Limited importation information disclosures
2. Unredacted disclosures
3. Conditions of unredacted disclosures
D. Notice of Detention and Importer Response Process
E. Post-Seizure Disclosures to Persons Injured by Violations of the DMCA
III. Technical Corrections
IV. Conclusion
V. Statutory and Regulatory Authority
A. Executive Orders 12866 and 13563
B. Regulatory Flexibility Act
C. Paperwork Reduction Act
Signing Authority

I. Background
A. Digital Millennium Copyright Act and the Trade Facilitation and Trade
Enforcement Act of 2015
Title III of the Trade Facilitation and Trade Enforcement Act of 2015 (Pub. L. 114-125;
130 Stat. 122; Section 628A of the Tariff Act of 1930 (19 U.S.C. 1628a), as amended) (TFTEA),
made several significant changes to the U.S. Customs and Border Protection (CBP) procedures
related to the importation of merchandise that violates or is suspected of violating intellectual
property rights (IPR). Among the changes made by TFTEA are certain provisions regarding
enforcement of the Digital Millennium Copyright Act (Pub. L. 105-304, 112 Stat. 2860, as
amended by Pub. L. 106-113, 113 Stat. 1536, (codified at 17 U.S.C. 1201)) (DMCA). The
DMCA prohibits the importation of devices used to circumvent the technological measures
employed by certain copyright owners to protect their works (“copyright protection measures”).
Section 303(a) of TFTEA amended section 596(c)(2) of the Tariff Act of 1930 (19 U.S.C.
1595a(c)(2)) by adding subparagraph (G) (19 U.S.C. 1595a(c)(2)(G)), which provides that CBP
may seize merchandise containing a circumvention device violating the DMCA. Section 303(b)
of TFTEA states that, when merchandise containing a circumvention device is seized pursuant to
19 U.S.C. 1595a(c)(2)(G), CBP must disclose to persons injured by that circumvention device
information regarding the seized merchandise that is equivalent to the information disclosed to
copyright owners when merchandise is seized for violation of the copyright laws.
Section 302 of TFTEA amended the Tariff Act of 1930 by inserting a new section 628A
(19 U.S.C. 1628a) authorizing CBP to make certain pre-seizure information disclosures to
owners of properly recorded trademarks or copyrights that may comprise information otherwise
protected by the Trade Secrets Act (18 U.S.C. 1905). CBP is authorized to disclose information
when CBP determines that these disclosures would assist CBP in determining whether the
imported merchandise suspected of violating the IPR laws actually violates 17 U.S.C. 602
(copyright), 17 U.S.C. 1201 (circumvention devices), or 19 U.S.C. 1526 (trademark), as long as

the disclosures would not compromise an ongoing law enforcement investigation or national
security. Specifically, section 302(a) of TFTEA (19 U.S.C. 1628a(a)) permits CBP to disclose to
the right holder information that appears on the imported merchandise and its packaging and
labels, including unredacted images of the merchandise and its packaging and labels. CBP also
may, subject to any applicable bonding requirements, release unredacted samples of the
merchandise to the right holder.
B. Notice of Proposed Rulemaking
On October 16, 2019, the Enforcement of Copyrights and the Digital Millennium
Copyright Act notice of proposed rulemaking (NPRM) was published in the Federal Register
(84 FR 55251). The NPRM proposed changes to 19 CFR part 133 necessary to implement the
applicable provisions of title III of TFTEA, clarify the definition of “piratical articles,” provide
for procedural safeguards to limit the release of information concerning non-violative shipments,
simplify the detention process related to merchandise suspected of violating the copyright laws,
and clarify the existing CBP procedures for post-seizure disclosures.
C. Changes from the Proposed Rule for Applying to CBP for DMCA Protections
Section 133.47 provides for post-seizure disclosures to persons injured by a
circumvention device, as defined in § 133.47(a)(4), who have successfully applied for and been
approved by CBP for DMCA protections as provided in § 133.47(b)(2)(iii). Section
133.47(b)(2)(iii) announces the establishment of a list of persons approved by CBP to receive
such post-seizure disclosures. In response to the public comments received, as discussed in more
detail below, this final rule expands the ways that an eligible person, as defined in §
133.47(a)(3), may apply to CBP for these DMCA protections. Eligible persons may apply for
such DMCA protections when this final rule becomes effective by attaching a letter requesting
such disclosures to an application to record or renew a copyright. Owners of existing recorded
copyrights may apply for these DMCA protections by submitting a letter requesting such
disclosures to the Intellectual Property Enforcement Branch of Regulations and Rulings at

HQIPRBranch@cbp.dhs.gov. Pursuant to section 303(b)(2) of TFTEA, CBP will publish a
notice, signed by the Executive Director, Regulations and Rulings, in the Federal Register when
the list is established. CBP will also publish the necessary revisions to the list in a notice signed
by the Executive Director, Regulations and Rulings, in the Federal Register on, at minimum, an
annual basis, every September.
II. Discussion of Comments
CBP received six public submissions in response to the NPRM. One submission was
unresponsive and contained no specifics about the NPRM, copyrights, or IPR. The remaining
five submissions supported the proposed rule’s intent but sought clarifications, raised concerns,
and/or made recommendations for improvements. The five submissions each contained multiple
comments. The comments have been grouped together below based on the general topic.
A. Bond Requirements for Right Holders to Obtain Samples from CBP
Prior to CBP’s releasing a sample of imported merchandise pursuant to § 133.21, §
133.25, § 133.42, or § 133.47, for suspected infringement of a recorded mark or recorded
copyright or suspected circumvention of a copyright protection measure, proposed 19 CFR
113.70 required the owner of the recorded mark or the recorded copyright to furnish a single
transaction bond to CBP. The bond was required in the amount specified by CBP and was
required to contain the bond conditions set forth in proposed § 113.70, including an agreement to
only use the sample for the limited purpose of assisting CBP in enforcing IPR and an agreement
to indemnify the importer or owner for any improper use of the sample.
1. Type of bond
Comment: Two commenters requested that CBP also permit the right holder to furnish a
continuous bond. The commenters stated that continuous bonds are more efficient in terms of
simplified tracking and administration, more economical, ease the burden of underwriting,
reduce the administrative burden on CBP, and further CBP’s overall strategy to facilitate trade.

One of the commenters further noted that CBP has in the past allowed continuous bonds when
samples of merchandise were sought for examination or testing.
Response: CBP agrees with the commenters and recognizes that some owners of a recorded
mark or recorded copyright may prefer a continuous bond for reasons of efficiency, economy, or
underwriting. Thus, CBP is amending the language in proposed § 113.70 to permit the owner of
the recorded mark or the recorded copyright to furnish to CBP either a single transaction bond or
a continuous bond, in the amount specified by CBP and containing the conditions listed, when
obtaining a sample of the merchandise.
2. Bond conditions
Comment: One commenter requested that CBP amend § 113.70 to remove references to postseizure disclosures or procedures. The commenter noted that the use of the term “suspected” in
the heading and text of proposed 19 CFR 113.70, which specifically states that the bond
conditions apply when a right holder obtains a sample of imported merchandise “suspected of
infringing recorded marks or recorded copyrights, or circumventing copyright protection
measures,” demonstrates that the bond conditions in § 113.70 are only intended to apply in a preseizure context. Since proposed § 113.70 contains general citations to §§ 133.21, 133.42, and
133.47, the commenter noted that the bond requirement and conditions apply in a both preseizure and post-seizure context because §§ 133.21(f), 133.42(f), and 133.47(f) address postseizure disclosures and procedures. The commenter further asserted that TFTEA does not
provide statutory authority for imposing the § 113.70 bond conditions, including an agreement to
use the sample for the limited purpose of assisting CBP, in a post-seizure context because
TFTEA only addresses CBP’s authority to provide samples to right holders when doing so would
assist CBP in determining whether the merchandise is being imported in violation of the IPR
laws. The commenter pointed out that imported merchandise is only seized after this
determination has been made and that this post-seizure context is not addressed in title III of
TFTEA.

Response: The proposed amendments to 19 CFR 113.70 were intended to consolidate the IPR
sample bond language and conditions, currently contained throughout 19 CFR part 133, in one
centralized location. As set forth in existing 19 CFR 133.21(f) and 133.42(e), CBP already
requires an IPR sample bond in the post-seizure context, conditioned on indemnifying the
importer or owner of the imported merchandise against any loss or damage resulting from the
furnishing of the sample by CBP to the right holder. CBP endeavored to incorporate these
existing post-seizure bond requirements and conditions in proposed § 113.70. However, CBP
agrees with the commenter that, as drafted, the bond conditions proposed in § 113.70 conflate
pre-seizure and post-seizure contexts. To avoid confusion and to clarify the bond conditions in a
post-seizure context, CBP is amending proposed § 113.70 to revise its heading and to add a new
paragraph (b) setting forth the bond requirements and conditions for when CBP provides the
owner of a recorded mark or recorded copyright a sample of imported merchandise seized for
infringing the recorded mark or copyright, or circumventing a copyright protection measure,
including samples provided pursuant to § 133.21(f), § 133.42(f), or § 133.47(f). For additional
clarity, CBP is also specifying in any cross-references made to § 113.70 throughout part 133
whether § 113.70(a), containing the bond conditions for merchandise suspected of IPR
violations, or § 113.70(b), containing the bond conditions for merchandise seized for IPR
violations, is applicable.
Comment: Two commenters expressed concern that proposed § 113.70 does not describe the
types of actions that would violate the bond conditions, including what activities are permissible
in service of “providing assistance to CBP in enforcing intellectual property rights,” and what
actions may be deemed an “improper use” of the sample.
Response: CBP does not believe it is necessary to amend or expand on the bond conditions
language in § 113.70(a). The specificity of the bond conditions in § 113.70(a) is consistent with
the specificity of the conditions for other types of CBP bonds set forth throughout title 19 of the
CFR. Furthermore, section 302(a) of TFTEA states, in part, that CBP may provide the right

holder with a sample of the merchandise suspected of violating the IPR laws if CBP determines
that the “examination or testing” of the merchandise by the right holder would assist CBP in
determining if the merchandise is being imported in violation of the IPR laws. In the pre-seizure
context, any activity performed by the owner of the recorded mark or recorded copyright that
falls outside the scope of determining the authenticity of the sample would constitute an
improper use of the sample and would violate the § 113.70(a) bond conditions.
Comment: One commenter stated that the bond conditions in proposed § 113.70, which limit the
sample’s use, could be construed as prohibiting a right holder from providing relevant
information gleaned from its examination to law enforcement agencies other than CBP, or from
pursuing civil enforcement of the right holder’s legitimate rights authorized elsewhere under
Federal or State law. The commenter sought clarification on this issue. This commenter also
objected to CBP’s not including in proposed §§ 133.21(f), 133.42(f), and 133.47(f), language
specifying that another use that the sample may be utilized for is “in pursuit of a related private
civil remedy for infringement,” particularly given that this specific language is included in
existing §§ 133.21(f) and 133.42(e).
Response: The bond conditions that limit the sample’s use, as set forth in proposed § 113.70,
only apply in a pre-seizure context. Pursuant to CBP’s statutory authority in section 302 of
TFTEA, for merchandise suspected of being imported in violation of the IPR laws, the sample
may only be used by the right holder for the limited purpose of providing assistance to CBP in
enforcing IPR. Thus, as explained above, in the pre-seizure context, any activity performed or
disclosure made by the right holder that falls outside the scope of determining the authenticity of
the sample would constitute an improper use of the sample and violate the § 113.70(a) bond
conditions. This restriction is necessary since, at the time that CBP is furnishing the sample to
the right holder, the imported merchandise is only suspected of IPR infringement or
circumvention and therefore, it would be inappropriate for the right holder to provide

information gleaned from its examination of the sample to law enforcement agencies other than
CBP, or from pursuing civil enforcement under Federal or State law.
However, a right holder may use a sample obtained after the merchandise is seized for
violations of the IPR laws for purposes other than assisting CBP. To provide clarification on this
issue, CBP is adding a new paragraph (b) to § 113.70 to provide less restrictive bond conditions
in the post-seizure context, including those related to other uses such as a civil remedy for
infringement. CBP is also amending the post-seizure disclosure provisions in §§ 133.21(f),
133.42(f), and 133.47(f), as requested by the commenter, to explicitly state that samples released
by CBP post-seizure may be used in pursuit of a related private civil remedy for infringement.
3. Amount of the bond
Comment: Two commenters asserted that there is a lack of clarity regarding the amount of the
bond because the proposed language in § 113.70 and part 133 states that the bond will be in the
“amount specified by CBP.” One of the commenters stated that this broad language appears to
allow bond valuations based on highly speculative claims of loss or damage, which the
commenter believes would discourage right holders from requesting samples. This commenter
recommended that the bond be formulated only on provable harm that may arise from the
importer’s loss of the physical sample and that, for any indirect injury because of misuse of the
sample, the importer should seek recourse in the courts, not with CBP. The other commenter
sought clarity on the amount of the bond and whether the bond amounts would remain at the
current levels, which the commenter stated are set at the value of the sample (typically $100), to
secure the importer from any damage to the sample while in possession of the right holder, or if
the bond amounts would dramatically increase due to the bond’s now securing against any loss
or damage resulting from improper use of the sample. This commenter also requested
information on the range of criteria appropriate for setting bond amounts.
Response: CBP disagrees that there is a lack of clarity regarding the amount of the bond. CBP
will specify the amount of the bond based on the same standard CBP bond requirements and

parameters that CBP uses to determine the amount of its other bonds, as set forth in § 113.13.
Section 113.13 governs the amount of any CBP bond, unless expressly exempt by law or other
regulation, including setting the minimum amount of the bond, providing guidelines for
determining the amount of the bond, requiring periodic review of the bond sufficiency, and
providing CBP authority to require additional security if CBP determines the bond is not
sufficient. In accordance with § 113.13(a), while the minimum amount of an IPR sample bond is
$100, as noted by the commenter, the bond amount assessment is based on the domestic value of
the sample, or $100, whichever is greater. This determination has been the long-standing policy
of CBP when setting bond amounts in the post-seizure context. Regarding the criteria for setting
pre-seizure bond amounts, CBP takes the particular circumstances of each situation into account
when making its determination using the guidelines set forth in § 113.13(b). Numerous factors,
including but not limited to, the nature of the merchandise at issue, the value of the merchandise,
including the size of the shipment, and CBP’s prior dealings with the principal will inform
CBP’s decision in setting the bond amount. It is essential to CBP’s operations that CBP be able
to retain flexibility in establishing the appropriate bond amount.
4. Bond return requirements
Comment: One commenter requested that CBP revise proposed § 113.70 to clarify that the bond
will be returned when the imported merchandise at issue is determined to violate the right
holder’s IPR. This commenter stated that while the existing § 113.70 makes clear that the right
holder’s bond will be returned where the goods at issue are ultimately determined to violate the
right holder’s IPR, the proposed § 113.70 does not contain similar language. The commenter
stated that, as drafted, the proposed regulations could lead to the forfeiture of the bond even
when CBP determines that the goods were counterfeit or piratical.
Response: CBP disagrees with this commenter’s suggestion. The commenter’s bond description
and stated concerns are addressing a bond required to pursue a disputed determination of
copyright infringement that is in the existing regulations in §§ 113.70, 133.43, and 133.44, not

the IPR sample bond that is contained in proposed § 113.70. The existing regulations require the
right holder to furnish a bond under § 133.43(d)(1) to pursue a copyright infringement
determination. Existing § 113.70 is currently a bond to indemnify the United States if CBP
detains any articles alleged by the principal to be a piratical copy of material covered by the
principal’s copyright pending a final determination and to hold the United States harmless from
any material depreciation, loss, or damage to the articles if it is determined that the goods are not
piratical. Section 133.44(a) states that this bond will be returned to the right holder if the articles
at issue are ultimately determined to violate the right holder’s IPR. However, as explained in the
NPRM, CBP believes that these procedures, including the bond, are an outdated and inefficient
mechanism to address situations where CBP has a suspicion that certain goods may be piratical,
therefore, CBP is removing §§ 133.43 and 133.44 in their entirety from title 19 of the CFR.
Additionally, as noted in the NPRM, because CBP is removing §§ 133.43 and 133.44, CBP is
revising the related provision in § 113.70, which currently sets forth the bond conditions for
detention of copyrighted material. CBP is revising § 113.70, as proposed in the NPRM and
finalized in this rule, to set forth, in one centralized location, the bond conditions for a right
holder to obtain samples of imported merchandise suspected of infringing the right holder’s IPR.
If the conditions of the IPR sample bond, as provided for in revised § 113.70(a)(1), are
violated, CBP may make a demand on the bond, even if CBP ultimately determines that the
imported merchandise violates the right holder’s IPR. To clarify the IPR sample bond
conditions, particularly with regard to the timing of the sample return requirements and to ensure
that a bond is not incorrectly forfeited, CBP is amending the language proposed in § 113.70. As
discussed above, proposed § 113.70 is being revised to address the pre-seizure context in
paragraph (a) and the post-seizure context in paragraph (b). In the pre-seizure context, CBP is
revising the language proposed to state that the sample must be returned upon demand by CBP or
at the conclusion of any examination, testing, or similar procedure performed on the sample,
whichever occurs sooner. In the post-seizure context, CBP is adding language to state that the

sample must be returned upon demand by CBP or at the conclusion of any examination, testing,
or other use, whichever occurs sooner.
If the sample, in either a pre-seizure or post-seizure context, is not returned to CBP by the
right holder, the IPR sample bond is forfeited regardless of whether the merchandise is
determined to violate IPR.
B. Definitions
1. Piratical articles
Comment: One commenter stated that the proposed language added to the definition of “piratical
article” in § 133.42(a), which states that the copy or phonorecord must be “of a recorded
copyright work, importation of which is prohibited by the Copyright Act of 1976,” is too
narrowly tailored. The commenter asserted that CBP enforces copyrights at the border so long as
the work is registered with the U.S. Copyright Office and that the proposed definition seems to
exclude works not recorded with CBP.
Response: CBP disagrees that “piratical articles” is too narrowly defined. Section 302 of
TFTEA (19 U.S.C. 1628a(c)) explicitly limits its authority to apply only to merchandise
suspected of infringing a trademark or copyright that is recorded with CBP. Accordingly, works
not recorded with CBP are excluded from the procedures set forth in § 133.42.
2. Copyright protection measure
Comment: Two commenters requested that CBP revise the definition of “copyright protection
measure” in proposed § 133.47(a)(1) to include copy controls. Copy controls, as set forth in 17
U.S.C. 1201(b)(1), prohibit the importation of technologies, products, or services that circumvent
a technological protection measure that effectively protects the exclusive rights of a copyright
owner. The commenters asserted that the proposed definition, as drafted, only applies to the
seizure and forfeiture of imported merchandise that circumvents access controls, as set forth in
17 U.S.C. 1201(a)(2), prohibiting the importation of technologies, products, or services that

circumvent a technological protection measure that effectively controls access to a copyrighted
work. They stated that to ensure that CBP fully implements TFTEA and to ensure effective
border enforcement against all unlawfully imported circumvention devices, the definition of
“copyright protection measure” in § 133.47(a)(1) must also include copy controls. The
commenters noted that Congress enacted section 303 of TFTEA to explicitly authorize CBP to
seize and forfeit merchandise that is prohibited under both 17 U.S.C. 1201(a)(2) and 1201(b)(1).
Both commenters provided language that they requested CBP use to amend the definition of
“copyright protection measure.”
Response: CBP agrees that the definition of “copyright protection measure” in § 133.47(a)(1)
should include copy controls. Section 303(a) of TFTEA amended section 596(c)(2) of the Tariff
Act of 1930 (19 U.S.C. 1595a(c)(2)) by adding a new subparagraph (G), which states that the
merchandise may be seized and forfeited if CBP determines it is a technology, product, service,
device, component, or part whose importation is prohibited under 17 U.S.C. 1201(a)(2) or (b)(1).
Since copy controls are set forth in 17 U.S.C. 1201(b)(1), CBP is amending the definition of
“copyright protection measure” to include copy controls. While the language the two
commenters suggested differs in form, it is substantially similar, therefore, CBP is adopting the
more concise language suggested and is adding “or effectively protects a right of a copyright
owner in,” to the definition of “copyright protection measure” in § 133.47(a)(1).
C. Pre-Seizure Disclosures to Right Holders
1. Limited importation information disclosures
From the time merchandise is presented for examination, CBP may disclose to the right
holder certain limited importation information, as listed in proposed §§ 133.21(b)(4),
133.42(b)(4), and 133.47(b)(4), to obtain assistance in determining whether the merchandise is
being imported in violation of the IPR laws.

Comment: One commenter noted that the proposed amendments to §§ 133.21(b)(4),
133.42(b)(4), and 133.47(b)(4) shifted CBP’s disclosure of limited importation information to
the right holder from a mandatory disclosure (“CBP will release the information”) to a
permissive disclosure (“CBP may release the information”). The commenter requested that CBP
revert to a mandatory disclosure using the language “CBP will release the information,” as
required in the existing CBP regulations at 19 CFR 133.21(b)(4).
Response: CBP disagrees with the commenter’s suggestion. CBP believes that the limited
information disclosures provided for in §§ 133.21(b)(4), 133.42(b)(4), and 133.47(b)(4) should
remain, as proposed, permissive. Based on CBP’s experience and right holders’ feedback, the
disclosure of limited importation information at this stage of the determination process does not
provide a significant benefit. The limited importation information that CBP may disclose only
includes the date of importation, the port of entry, description and quantity of the imported
merchandise, and the country of origin. While this data may have been beneficial in the past
when supply chains were less complex, the current reality of multi-faceted and global supply
chains limits the value of this limited importation information. In today’s trade environment,
supply chains often involve multiple countries of origin, possible transshipment, as well as used,
refurbished, or gray market merchandise. The comprehensive importation information
disclosure provided to the right holder post-seizure in §§ 133.21(e), 133.42(e), and 133.47(e) is
of significantly greater value and benefit. As such, CBP has determined that it is a better use of
CBP resources, and of greater value to right holders, to provide more information later in the
process, when appropriate, as opposed to less information sooner in the process, when it may not
be as useful to the right holder and when the information disclosure requires significant
expenditure of CBP resources.
Comment: A commenter stated that, as drafted, proposed § 133.21(b)(4) is silent regarding
CBP’s ability to disclose the limited importation information in a scenario where the information
was not disclosed prior to the issuance of the notice of detention and the information is available

at the time the notice of detention is issued. In the existing CBP regulations, § 133.21(b)(4)
describes this scenario and states that where CBP does not disclose this information to the right
holder prior to issuance of the notice of detention, CBP will do so concurrently with the issuance
of the notice of detention. However, the commenter pointed out that proposed § 133.21(b)(4)
only describes a scenario where the information is unavailable at the time the notice of detention
is issued.
Response: CBP agrees that proposed § 133.21(b)(4), as well as proposed §§ 133.42(b)(4), and
133.47(b)(4), do not contain all the scenarios under which CBP may choose to disclose the
limited importation information to the right holder. Please note that while §§ 133.21(b)(2)(i)(A),
133.42(b)(2)(i)(A), and 133.47(b)(2)(i)(A) address the scenario where CBP may have previously
disclosed the information prior to the issuance of the notice of detention or where CBP may
disclose the information no later than the date of issuance of the notice of detention, these
regulatory sections’ intended purpose is to provide notice to the importer of the possible
disclosure of its information and not to provide CBP authority to disclose this information to the
right holders. Accordingly, CBP is amending the language proposed in §§ 133.21(b)(4),
133.42(b)(4), and 133.47(b)(4) to address all the circumstances where CBP may permissively
disclose the limited importation information, including that CBP may release such information
prior to the issuance of the notice of detention, concurrently with the notice of detention, or, if
the information is unavailable at the time the notice of detention is issued, CBP may release the
information after issuance of the notice of detention.
CBP also notes that there is an inadvertent inconsistency between the third sentence in
proposed § 133.21(b)(4) and the third sentence in proposed §§ 133.42(b)(4) and 133.47(b)(4).
Specifically, CBP inadvertently did not propose to amend the third sentence of § 133.21(b)(4) in
the NPRM, thereby leaving the regulatory language unchanged, which provides for a mandatory
disclosure. To correct this error, CBP is amending the third sentence of § 133.21(b)(4) to state
that CBP may permissively disclose the listed information. This amendment will correct the

inadvertent error, align the third sentence of this paragraph with the permissive information
disclosure proposed in the NPRM for the remainder of proposed § 133.21(b)(4), and ensure that
the same permissive information disclosure is used for disclosures to owners of a recorded mark
(§ 133.21), owners of a recorded copyright (§ 133.42), and owners of a recorded copyright, who
employ a copyright protection measure that may have been circumvented or attempted to be
circumvented by articles that violate the importation prohibitions of the DMCA (eligible persons
in § 133.47).
Comment: A commenter also pointed out that there is a conflict between proposed §
133.21(b)(4), which contains a permissive information disclosure, and existing §
133.21(b)(2)(i)(A), which CBP did not propose to amend in the NPRM and contains a mandatory
information disclosure.
Response: CBP agrees with the commenter. The commenter has correctly pointed out an
inconsistency between proposed § 133.21(b)(4) and existing § 133.21(b)(2)(i)(A). Without a
regulatory amendment, § 133.21(b)(2)(i)(A) would require CBP to provide notice to the importer
that CBP has, or will, perform a mandatory information disclosure to the right holder of the same
limited importation information that CBP has the authority to choose to disclose or to not
disclose as needed, per proposed § 133.21(b)(4). This inconsistency was inadvertent and also
created an inconsistency between existing § 133.21(b)(2)(i)(A) and the proposed §§
133.42(b)(2)(i)(A) and 133.47(b)(2)(i)(A), which were intended to be parallel provisions to
ensure the same treatment. Accordingly, CBP is amending § 133.21(b)(2)(i)(A) to reflect the
language used in §§ 133.42(b)(2)(i)(A) and 133.47(b)(2)(i)(A) and changing §
133.21(b)(2)(i)(A) from an unintended mandatory disclosure to an intended permissive
disclosure. This amendment makes the CBP regulations consistent across contexts and provides
clarity on the issue raised by the commenter.

Comment: A commenter requested that CBP amend § 133.42(b)(4) to add additional disclosures
to the limited importation information that CBP may disclose to the owner of the recorded
copyright to obtain assistance in determining whether an imported article is a piratical article.
The commenter suggested that CBP also provide the owner of the recorded copyright with the
origin of the shipment, including the sender and the owner of the merchandise, and the
destination of the shipment, in order to assist the owner in identifying entities engaged in
counterfeiting and trace the origin of the infringing goods.
Response: CBP disagrees with the commenter’s suggestion. CBP may disclose limited
importation information when CBP believes that the right holder may assist CBP in determining
whether the article is a piratical article. When CBP seeks authentication assistance from the right
holder under § 133.42(b)(4), CBP is seeking information about the article itself, namely, whether
the physical characteristics of the article indicate authenticity or inauthenticity. Given the
complexity of supply chains and the legitimate trade of gray market and used goods, CBP notes
that information concerning the sender and the recipient of the shipment should not form the
basis of an authenticity determination by the right holder. Also, as explained above, in today’s
current global supply chain environment, this importation information is of limited value to the
right holder. Additionally, the information that the commenter requested is disclosed to the
owner of the recorded copyright post-seizure pursuant to § 133.42(e).
2. Unredacted disclosures
Comment: One commenter stated that the language “if CBP concludes that the disclosure would
assist CBP in its determination” in proposed §§ 133.21(b)(2)(ii) and (b)(3), 133.42(b)(2)(ii) and
(b)(3), and 133.47(b)(2)(ii) and (b)(3) is ambiguous and recommended that CBP amend the
regulatory language to create a presumption that the disclosure would assist CBP in its IPR
enforcement mission. The commenter stated that after CBP provides notice of detention to the
importer of CBP’s suspicion that the goods are counterfeit or piratical, there are only two
possible scenarios: the importer either fails to respond entirely or the importer provides

additional information to CBP that might be considered when CBP makes its determination. The
commenter asserted that, under both possible scenarios, the right holder’s examination of the
merchandise would greatly assist CBP in its determination and that a presumption that the
information disclosure would assist CBP in its determination is warranted.
Response: CBP disagrees. CBP does not have the statutory authority for such a presumption,
which would require CBP to abdicate its role in making a determination as to the information
disclosure’s utility, in direct conflict with title III of TFTEA. Section 302(a) of TFTEA
explicitly restricts CBP’s ability to provide unredacted information disclosures and samples to
situations in which CBP determines that the examination or testing of the merchandise by the
right holder would assist CBP in determining whether the imported merchandise is in violation
of the IPR laws. The language in §§ 133.21(b)(2)(ii) and (b)(3), 133.42(b)(2)(ii) and (b)(3), and
133.47(b)(2)(ii) and (b)(3) mirrors this statutory language.
3. Conditions of unredacted disclosures
Pursuant to existing § 133.21(c)(1), proposed § 133.42(c)(1), and proposed §
133.47(c)(1), when CBP discloses information prior to seizure, CBP will notify the right holder
that some or all of the information being released may be subject to the protections of the Trade
Secrets Act, and that CBP is only disclosing the information for the purpose of assisting CBP in
determining whether the merchandise bears a counterfeit mark for purposes of existing §
133.21(c)(1), in determining whether the merchandise is a piratical article for purposes of
proposed § 133.42(c)(1), or in determining whether the merchandise violates the DMCA for
purposes of proposed § 133.47(c)(1).
Comment: One commenter requested that CBP remove the references to the Trade Secrets Act
in existing § 133.21(c)(1), proposed § 133.42(c)(1), and proposed § 133.47(c)(1), which set forth
the conditions of disclosure for unredacted information and samples. The commenter provided
two reasons for the requested removal of references to the Trade Secrets Act. Firstly, the

commenter noted that the Trade Secrets Act only prohibits the unauthorized disclosure of
information and the inclusion of the reference to the Trade Secrets Act is unnecessary because
TFTEA specifically authorizes the disclosure of this information. Secondly, the commenter
stated that the inclusion of the Trade Secrets Act reference could be construed as implying a
threat of legal liability if the right holder uses the information disclosed for any purpose other
than assisting CBP in the stated purpose, and the commenter asserted that the Trade Secrets Act
does not restrict the subsequent use of the disclosed information by a third party.
Response: CBP disagrees and does not believe that the references to the Trade Secrets Act
should be removed from §§ 133.21(c)(1), 133.42(c)(1), and 133.47(c)(1). Title III of TFTEA
only authorizes disclosures in a pre-seizure context for a specific purpose, which is assisting
CBP in making the relevant determination of whether the imported merchandise violates the IPR
laws. Using the disclosed information in the pre-seizure context beyond the scope of what is
authorized by TFTEA is impermissible and the references to the Trade Secrets Act in these
sections provide notice to the right holder of the limited permissible use.
D. Notice of Detention and Importer Response Process
Pursuant to existing and proposed §§ 133.21(b), 133.42(b), and 133.47(b), CBP must
notify the importer via a notice of detention that the importer’s merchandise was detained and
that the importer has seven business days from the notification to establish that the merchandise
does not violate the IPR laws. Prior to and during those seven business days, CBP may only
provide the limited importation information set forth in §§ 133.21(b)(4), 133.42(b)(4), and
133.47(b)(4) or the redacted photographs, images, or samples described in §§ 133.21(b)(5),
133.42(b)(5), and 133.47(b)(5) to the right holder. In accordance with §§ 133.21(b)(2)(ii),
133.42(b)(2)(ii), and 133.47(b)(2)(ii), CBP may disclose to the right holder information that
appears on the detained merchandise and/or its retail packaging, including unredacted
photographs, images, or samples, if the importer fails to respond within those seven business

days or provides insufficient information to demonstrate that the merchandise does not violate
the IPR laws.
Comment: One commenter recommended that CBP reassess the current bifurcated disclosure
process in 19 CFR part 133. The commenter requested that CBP remove the seven-business-day
response period process throughout 19 CFR part 133 because the commenter believes that this
process has been overturned by the passage of title III of TFTEA and other actions taken by the
government and that this process serves to impede efficient enforcement while failing to advance
any legitimate interests of importers.
Response: CBP disagrees with the commenter. CBP has not observed any impediment to its
enforcement efforts. The process of providing the importer with a notice of detention and a
seven-business-day response period safeguards the importer’s information from unnecessary
disclosures. The Trade Secrets Act protects those required to furnish commercial or financial
information to the government by shielding them from the competitive disadvantage that could
result from disclosure of that information by the government, including importers whose
merchandise is suspected of violating the IPR laws. These importers must be afforded due
process to dispute this suspicion and provide information within the seven-business-day response
period to prove that their detained merchandise is not violative before CBP discloses unredacted
information and samples to the right holder. The Trade Secrets Act permits those covered by the
Act to disclose protected information when the disclosure is otherwise “authorized by law”
which includes both statutes expressly authorizing disclosure and properly promulgated
regulations authorizing disclosure based on a valid statutory interpretation. See Chrysler v.
Brown, 441 U.S. 281, 294-316 (1979). Section 302 of TFTEA expressly authorizes disclosure of
unredacted images and samples of the merchandise in a pre-seizure context only when such a
disclosure would assist CBP in making a determination of the authenticity of the merchandise.
To make such a determination, CBP requires the seven-business-day response period to

appropriately assess the information available to CBP and decide whether an unredacted
disclosure to the right holder would assist CBP in its authenticity determination.
E. Post-Seizure Disclosures to Persons Injured by Violations of the DMCA
Comment: Two commenters noted that proposed § 133.47(b)(2)(iii) states that eligible persons
may apply to receive post-seizure disclosures from CBP when injured by violations of the
DMCA by attaching a letter requesting such disclosures to an application to record a copyright.
The commenters expressed concern that, as drafted, the proposed regulatory language appears to
apply only prospectively. They stated that this raises concerns about the status of copyright
registrations previously recorded with CBP and questioned whether CBP intended for copyrights
to be recorded again in order for the right holder to qualify as an eligible person (and therefore,
an injured person) for purposes of post-seizure disclosures. One commenter requested that CBP
add language to § 133.47(b)(2)(iii) allowing owners of previously recorded copyrights to
similarly apply for protection by submitting a letter requesting such disclosures and also
requested that CBP permit a letter to be submitted during a request for renewal of an existing
recordation.
Response: CBP agrees that § 133.47(b)(2)(iii) should not be restricted to those right holders
recording new copyrights and that owners of current copyright recordations should not be
required to re-record their works in order to receive such post-seizure disclosures and be placed
on the injured persons list. CBP is amending the language proposed in § 133.47(b)(2)(iii) to
allow owners of currently recorded copyrights to apply for protection by submitting a letter to
CBP requesting post-seizure disclosures at any time, as long as there is a current relevant
recordation with CBP. The application process is described further in section I.C. of the
Background discussion above. CBP is also amending § 133.47(b)(2)(iii) by allowing owners of
recorded copyrights to apply for DMCA protections by attaching the letter to a request to renew
the copyright recordation. CBP reiterates that to qualify as an eligible person, as defined in §

133.47(a)(3), who may apply to CBP to receive DMCA protections, as set forth in §
133.47(b)(2)(iii), that person must have a recorded copyright with CBP upon which the person
can claim a harm that the injured status might redress.
III. Technical Corrections
In addition to the modifications explained above, CBP is amending §§ 133.21(c)(2),
133.42(c)(2), and 133.47(c)(2) to remove the corresponding cross-references to paragraph
(b)(2)(ii). Paragraph (b)(2)(ii) provides the importer notice that its information may be disclosed
to the right holder if the importer fails to respond to the notice of detention in paragraph (b)(2)(i)
within the seven-business-day response period or if the importer provides an insufficient
response to the notice. Thus, it is inaccurate to cite to paragraph (b)(2)(ii) in paragraph (c)(2) as
authority for CBP’s releasing the unredacted sample. CBP is releasing the unredacted sample
pursuant to the regulatory authority in paragraph (b)(3) only. Accordingly, CBP is removing the
citation to paragraph (b)(2)(ii) in paragraph (c)(2) and is only citing to the appropriate crossreference of paragraph (b)(3).
Additionally, CBP is adding the language “if practicable” after “entry after obliteration of
the recorded copyright” in § 133.42(g) to clarify that a recorded copyright may only be
obliterated in some circumstances. It may not be possible for the importer to obliterate or
remove a recorded copyright from the seized merchandise in all circumstances, for example,
when the article itself consists of a piratical copy. In § 133.47(g), CBP is removing “entry after
obliteration of the recorded copyright” as an option entirely since obliterating the recorded
copyright is not an appropriate disposition for articles that violate the DMCA because the article
itself consists of the article that violates the DMCA.
In this document, CBP is also correcting the authority section for part 113, adding
additional cross-references for clarification purposes, and correcting several cross-references in §
133.47 that inadvertently cited to the definition for “copyright protection measure” (§

133.47(a)(1)) instead of the definition of “articles that violate the DMCA” (§ 133.47(a)(2)) when
referencing articles that are suspected of violating the DMCA.
IV. Conclusion
After careful consideration of the public comments received, for the reasons stated above,
as well as the reasons outlined in the NPRM, CBP is adopting as final the NPRM published in
the Federal Register on October 16, 2019 (84 FR 55251), with the changes described above.
V. Statutory and Regulatory Requirements
A. Executive Orders 12866 and 13563
Executive Orders 12866 (“Regulatory Planning and Review”) and 13563 (“Improving
Regulation and Regulatory Review”) direct agencies to assess the costs and benefits of available
regulatory alternatives and, if regulation is necessary, to select regulatory approaches that
maximize net benefits (including potential economic, environmental, public health and safety
effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This rule is a significant regulatory action under section 3(f) of Executive Order
12866. Accordingly, OMB has reviewed this regulation.
One of CBP’s roles is to safeguard the U.S. economy from the importation of goods that
violate intellectual property rights. Under existing regulations, if CBP suspects that a shipment
may be violative, it can share redacted information and samples of the suspect imported
merchandise with a right holder.1 To implement title III of TFTEA’s IPR provisions, this final
rule will, among other things, allow CBP to disclose unredacted information and share
unredacted images and samples of suspect imports with right holders, if examination by right

Note that this rule does not alter CBP’s ability to provide redacted samples of an import to a right holder without
prior notification to the importer.
holders would assist CBP’s determination and provided that these disclosures would not
compromise an ongoing law enforcement investigation or national security.
Disclosing this unredacted information and sharing these unredacted samples and images
with right holders may provide access to information about the importer protected by the Trade
Secrets Act (18 U.S.C. 1905). This final rule establishes a procedure under which, following
notice to the importer, the importer has seven business days to establish to CBP that the suspect
imports are not violative of the IPR laws, and are instead admissible. If the importer is unable to
demonstrate the admissibility of its imports within this timeframe, CBP will share information
with the right holder by disclosing the information or releasing unredacted samples of the
imports in question.
As CBP is establishing a new process for copyrights, it does not have data on the number
of times CBP suspects shipments are violative of the copyright laws or piratical articles.
However, on September 24, 2012, CBP published an interim final rule in the Federal Register
(77 FR 24375) that established similar procedures for trademarks. For analytical purposes, CBP
can assume that this final rule has similar effects after adjusting for the differing volumes. CBP
subject matter experts estimate that CBP sends out an average of 824 detention letters every
fiscal year for suspected trademark infringements. Based on the proportion of live trademark
recordations2 available to support the agency’s IPR seizures every fiscal year, relative to the
copyright recordations, CBP estimates an average of approximately 21,423 seizures based on
trademark, 8,881 based on copyright, and 116 DMCA seizures. If the number of detention
letters is proportional to the number of seizures, CBP estimates that this final rule will result in
345 more detention letters for possible copyright-infringing importations. Similarly, by using the
number of seizures related to DMCA as a proportion of total trademark seizures, CBP estimates

Source: CBP’s IPRiS database. Sampling methodology averaged five equally spaced dates in every fiscal year to
estimate the IPRiS live recordations available for IPR seizures (95% CI, p = 0.05) annually. CBP took several
sample counts per year as opposed to a single annual count to ensure a representative measure as IPRiS recordations
enter and expire throughout the year.

that this final rule will result in four detention letters for possible DMCA-infringing
importations.
CBP estimates that the procedure to demonstrate that the imports are not piratical will
take two hours per affected importer at a cost of $34.81 per hour.3,4 This is based on the existing
information collection for the Notice of Detention (OMB Control Number 1651-0073), which is
being updated for this rulemaking. CBP estimates that importers will bear an opportunity cost as
a result of the higher number of detention notices caused by this rule. CBP estimates that this
opportunity cost will total $24,019 (345 * 2 * $34.81) for copyright detentions and $278 (4 * 2 *
$34.81) for DMCA detentions for a total monetized cost of $24,297. CBP received no comments
from the public regarding the estimated time cost to importers of two hours to respond.
This final rule will also formalize the existing practices used to enforce the DMCA. In
1998, Congress enacted the DMCA. The DMCA prohibits the importation of devices used to
circumvent the copyright protection measures copyright owners use to protect their works.
Although current regulations do not specifically provide for detention and seizure of articles that
constitute violations of the DMCA, CBP has enforced the DMCA by providing CBP personnel
with internal enforcement guidelines and advice on how to enforce DMCA violations. CBP
subject matter experts estimate that there are approximately 116 DMCA seizures. It is possible
that this final rule will result in a small increase in DMCA seizures. TFTEA requires CBP to
formalize the foregoing processes with respect to the DMCA. The formalization of these

Sources: U.S. Bureau of Labor Statistics. Occupational Employment Statistics, “May 2021 National Occupational
Employment and Wage Estimates United States.” Updated March 31, 2022. Available at
https://www.bls.gov/oes/current/oes_nat.htm. Accessed May 25, 2022; U.S. Bureau of Labor Statistics. Employer
Costs for Employee Compensation. “ECEC Civilian Workers - 2004 to Present.” March 2022. Available at
https://www.bls.gov/web/ecec.supp.toc.htm. Accessed May 25, 2022. CBP assumes an annual growth rate of
4.15% based on the prior year's change in the implicit price deflator, published by the Bureau of Economic Analysis.
Source of median wage rate: U.S. Bureau of Labor Statistics. Occupational Employment Statistics, “May 2021
National Occupational Employment and Wage Estimates United States.” Updated March 31, 2022. Available at
https://www.bls.gov/oes/current/oes_nat.htm. Accessed May 25, 2022; U.S. Bureau of Labor Statistics. Employer
Costs for Employee Compensation. “ECEC Civilian Workers - 2004 to Present.” March 2022. Available at
https://www.bls.gov/web/ecec.supp.toc.htm. Accessed May 25, 2022. Because median hourly wage information
was not available for this respondent, CBP adjusted the annual median wage for this respondent to an hourly
estimate using the standard 2,080 hours worked per year. CBP assumes an annual growth rate of 4.15% based on
the prior year's change in the implicit price deflator, published by the Bureau of Economic Analysis.
existing practices in regulations does not change current practice, so this provision will not have
additional impacts if this rule is finalized.
In addition to the release of unredacted samples, this final rule will amend the detention
procedures applicable to imported articles that are suspected of being a piratical copy or
phonorecord of a copyrighted work. The current detention procedures in the regulations allow
up to 120 days for an importer or right holder of a suspect article to provide CBP with evidence,
briefs, or other pertinent information to substantiate a claim or denial of infringement, prior to
CBP’s issuance of an admissibility determination. To expedite this process, this final rule will
amend the regulations to require the agency to render an admissibility decision within 30 days
from the date the articles are presented to CBP for examination. As the current detention
procedures are seldom used, according to CBP subject matter experts, CBP does not believe this
final rule will impose a significant effect on the public. During the public comment period, no
comments were received regarding this statement.
B. The Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et. seq.) (RFA), as amended by the Small
Business Regulatory Enforcement and Fairness Act of 1996, requires agencies to assess the
impact of regulations on small entities. A small entity may be a small business (defined as any
independently owned and operated business not dominant in its field that qualifies as a small
business per the Small Business Act); a small not-for-profit organization; or a small
governmental jurisdiction (locality with fewer than 50,000 people). Section 604 of the RFA
requires an agency to perform a regulatory flexibility analysis for a rule unless the agency
certifies under section 605(b) that the regulatory action would not have a significant economic
impact on a substantial number of small entities.
As described in the Executive Orders 12866 and 13563 analysis above, CBP estimates
that this final rule will result in the issuance of 345 additional notices of detention. CBP’s
current examination policies, use of shared enforcement systems, and targeting criteria that take

into account previous examinations when determining risk make it unlikely that an importer who
receives a notice of detention with this rule will be required to repeatedly prove the admissibility
of its imports.5 As such, CBP assumes for the purposes of this analysis that the number of
affected importers from this final rule will be equal to the number of additional detention notices
resulting from this final rule—345—with each importer receiving only one detention notice. To
the extent that an importer must prove the admissibility of its imports more than once as a result
of this rule, the number of importers affected by this final rule would be lower and the cost of
this final rule per affected importer would be higher. During the public comment period, no
comments were received regarding this assumption.
These importers are not centered in any particular industry; any importer of goods
covered by a recorded copyright may be affected by this rule if CBP has a reason to believe the
importer’s merchandise may constitute a piratical copy and CBP cannot determine if an import is
a piratical copy or prohibited circumvention device without the use of the provisions of this rule.
CBP has conducted a study of importers to determine how many are small entities and has
concluded that the vast majority (about 91 percent) of importers are small entities.6 Therefore,
CBP believes this final rule may affect a substantial number of small entities.
Although the final rule may affect a substantial number of small entities, CBP believes
the economic impact would not be significant. As described in the Executive Orders 12866 and
13563 section of this document, CBP estimates that it takes an importer two hours to provide
proof of the admissibility of an import to CBP. CBP estimates the average wage of an importer
is $34.81 per hour. Thus, CBP estimates it will cost a small entity $69.62 to prove the
admissibility of its import with this final rule. CBP does not believe $69.62 constitutes a
significant economic impact.

CBP reserves the right to detain any imported merchandise, even if an importer has previously shown that its
merchandise is admissible. This will depend on the particulars of the importation. Previous importations are taken
into account in the risk profile, so having proven the authenticity of an importation in the past makes it less likely
that an importer will receive a Notice of Detention for subsequent importations.
6 See “CBP Analysis of Small Importers,” April 2022. Available in the docket of this rulemaking.
CBP recognizes that repeated inquiries into the admissibility of an importer’s imports
could eventually rise to the level of a significant economic impact. However, it is unlikely that
importers will be repeatedly required to prove the admissibility of their imports, as previously
mentioned. Additionally, CBP does not anticipate law-abiding importers to be subject to the
provisions in this rule on a repeated basis. Once CBP has determined the admissibility of an
importation, it will record that information in the system so it can be viewed by CBP import
specialists on future importations and successful previous importations are a favorable factor in
the importation’s risk profile. Further, CBP notes that providing this information to CBP is
optional on the part of the importer, although not providing admissibility information to CBP
may result in the goods being seized. Therefore, CBP believes there will not be a significant
economic impact on small entities.
Accordingly, although this final rule may have an effect on a substantial number of small
entities, as discussed above, CBP believes that an estimated cost of $69.62 to an importer does
not constitute a significant economic impact. Thus, CBP certifies this regulation would not have
a significant economic impact on a substantial number of small entities.
C. Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3507), the
collections of information for this document are included in an existing collection for Notices of
Detention (OMB control number 1651-0073). An agency may not conduct, and a person is not
required to respond to, a collection of information unless the collection of information displays a
valid control number assigned by OMB. The burden hours related to the Notice of Detention for
OMB control number 1651-0073 are as follows:
Number of Respondents: 1,695
Number of Responses: 1
Time per Response: 2 hours
Total Annual Burden Hours: 3,390

Because CBP estimates that the availability of the procedures in this final rule will
increase the number of Notices of Detention issued for IPR violations, there is an increase in
burden hours under this collection with this final rule.
Signing Authority
This rulemaking is being issued in accordance with 19 CFR 0.1(a)(1), pertaining to the
authority of the Secretary of the Treasury (or that of his or her delegate) to approve regulations
concerning copyright enforcement.
Troy A. Miller, Senior Official Performing the Duties of the Commissioner, having
reviewed and approved this document, has delegated the authority to electronically sign the
document to the Director (or Acting Director, if applicable) of the Regulations and Disclosure
Law Division of CBP, for purposes of publication in the Federal Register.
List of Subjects
19 CFR Part 113
Bonds, Common carriers, Customs duties and inspection, Exports, Freight, Imports,
Laboratories, Reporting and recordkeeping requirements, Surety bonds.
19 CFR Part 133
Copyright, Reporting and recordkeeping requirements, Trade names, Trademarks.
19 CFR Part 148
Airmen, Copyright, Customs duties and inspection, Foreign officials, Government
contracts, International organizations, Reporting and recordkeeping requirements, Seamen,
Taxes, Trademarks.
19 CFR Part 151
Cigars and cigarettes, Cotton, Fruit juices, Laboratories, Metals, Oil imports, Reporting
and recordkeeping requirements, Sugar, Wool.
19 CFR Part 177

Administrative practice and procedure, Government procurement, Reporting and
recordkeeping requirements.
Amendments to the CBP Regulations
For the reasons stated above, U.S. Customs and Border Protection and the Department of
the Treasury amends 19 CFR parts 113, 133, 148, 151, and 177 as set forth below:
PART 113–CBP BONDS
1. The general and specific authority citation for part 113 continues to read as follows:
Authority: 19 U.S.C. 66, 1623, 1624.
Subpart E also issued under 19 U.S.C. 1484, 1551, 1565.
*

*

*

*

*

2. Revise § 113.42 to read as follows:
§ 113.42 Time period for production of documents.
Except when another period is fixed by law or regulations, any document for the
production of which a bond or stipulation is given must be delivered within 120 days
from the date of notice from CBP requesting such document. If the period ends on a Saturday,
Sunday, or holiday, delivery on the next business day will be accepted as timely.
3. Revise § 113.70 to read as follows:
§ 113.70 Bond conditions for owners of recorded marks or recorded copyrights to obtain
samples from CBP relating to importation of merchandise suspected of, or seized for,
infringing recorded marks or recorded copyrights, or circumventing copyright protection
measures.
(a) Prior to obtaining samples of imported merchandise pursuant to § 133.21(b)(3) or (5),
§ 133.25(c), § 133.42(b)(3) or (5), or § 133.47(b)(3) or (5) of this chapter, for suspected
infringement of a recorded mark or recorded copyright, or suspected circumvention of a
protection measure safeguarding a recorded copyright, the owner of the recorded mark or the
recorded copyright must furnish to CBP either a single transaction bond or a continuous bond in
the amount specified by CBP containing the conditions listed in this paragraph (a).
(1) Bond conditions for owners of recorded marks or recorded copyrights to obtain

samples from CBP relating to importation of merchandise suspected of infringing such recorded
marks or recorded copyrights, or circumventing copyright protection measures—(i) Agreement
to use sample for limited purpose of assisting CBP. If CBP provides to an owner of a recorded
mark or a recorded copyright a sample of imported merchandise suspected of infringing the
recorded mark or copyright, or suspected of circumventing a copyright protection measure,
including samples provided pursuant to § 133.21(b)(3) or (5), § 133.25(c), § 133.42(b)(3) or (5),
or § 133.47(b)(3) or (5) of this chapter, the obligors (principal and surety) agree that such
samples may only be used for the limited purpose of providing assistance to CBP in enforcing
intellectual property rights.
(ii) Agreement to indemnify—(A) Improper use of sample. If the sample identified in
paragraph (a)(1)(i) of this section is used by the owner of the recorded mark or the recorded
copyright for any purpose other than to provide assistance to CBP in enforcing intellectual
property rights, the obligors (principal and surety) agree to indemnify the importer or owner of
the imported merchandise, in the amount specified by CBP, against any loss or damage resulting
from the improper use.
(B) Physical loss, damage, or destruction of disclosed sample. The owner of a recorded
mark or a recorded copyright must return any sample identified in paragraph (a)(1)(i) of this
section upon demand by CBP or at the conclusion of any examination, testing, or similar
procedure performed on the sample, whichever occurs sooner. If the sample identified in
paragraph (a)(1)(i) of this section is lost, damaged, or destroyed as a result of CBP’s furnishing it
to such owner, the obligors (principal and surety) agree to indemnify the importer or owner of
the imported merchandise, in the amount specified by CBP, against any resulting loss or damage.
(2) [Reserved]
(b) Prior to obtaining samples of imported merchandise pursuant to § 133.21(f), §
133.42(f), or § 133.47(f) of this chapter, seized for infringement of a recorded mark or recorded
copyright, or circumvention of a protection measure safeguarding a recorded copyright, the

owner of the recorded mark or recorded copyright must furnish to CBP either a single transaction
bond or continuous bond in the amount specified by CBP containing the conditions listed in this
paragraph (b).
(1) Bond conditions for owners of recorded marks or recorded copyrights to obtain
samples from CBP relating to importation of merchandise seized for infringing such recorded
marks or recorded copyrights, or circumventing copyright protection measures. If CBP provides
to an owner of a recorded mark or a recorded copyright a sample of imported merchandise seized
for infringing the recorded mark or recorded copyright, or circumventing a copyright protection
measure, including samples provided pursuant to § 133.21(f), § 133.42(f), or § 133.47(f) of this
chapter, the owner of the recorded mark or recorded copyright must return the sample upon
demand by CBP or at the conclusion of any examination, testing, or other use, such as pursuit of
a related civil remedy for infringement, whichever occurs sooner. If the sample is lost, damaged,
or destroyed as a result of CBP’s furnishing it to such owner, the obligors (principal and surety)
agree to indemnify the importer or owner of the imported merchandise, in the amount specified
by CBP, against any resulting loss or damage.
(2) [Reserved]
PART 133—TRADEMARKS, TRADE NAMES, AND COPYRIGHTS
4. The general authority citation for part 133 is revised to read as follows, the specific
authority for §§ 133.21 through 133.25 is removed, and a specific authority citation for § 133.47
is added to read as follows:
Authority: 15 U.S.C. 1124, 1125, 1127; 17 U.S.C. 101, 104, 106, 601, 602, 603; 18
U.S.C. 1905; 19 U.S.C. 66, 1202, 1499, 1526, 1595a, 1623, 1624, 1628a; 31 U.S.C. 9701.
Section 133.47 also issued under 17 U.S.C. 1201.
*

*

*

*

*

5. Amend § 133.0 by revising the last sentence to read as follows:

§ 133.0 Scope.
*

*

* It also sets forth the procedures for the disposition, including release to

the importer in appropriate circumstances, of articles bearing prohibited marks or names,
piratical articles, and prohibited circumvention devices, as well as the disclosure of information
concerning such articles when such disclosure would not compromise an ongoing law
enforcement investigation or national security.
6. Amend § 133.21 by:
a. Revising paragraphs (b)(2)(i)(A), (b)(2)(ii), and (b)(3);
b. In paragraph (b)(4) introductory text, revising the second and third sentence;
c. In paragraph (b)(5), removing the word “mark” and adding in its place the word
“markings” in the second sentence, and revising the third sentence;
d. In paragraph (c)(2), revising the first sentence; and
e. Revising paragraph (f).
f. Removing the words “owner of the mark” wherever they appear and adding in their
place the words “owner of the recorded mark”;
The revisions read as follows:
§ 133.21 Articles suspected of bearing counterfeit marks.
*

*

*

*

*

(b) *

*

*

(2) *

*

*

(i) *

*

*

(A) CBP may have previously disclosed to the owner of the recorded mark, prior to
issuance of the notice of detention, limited importation information concerning the detained
merchandise, as described in paragraph (b)(4) of this section, and, in any event, such information
may be released to the owner of the recorded mark, if available, no later than the date of issuance
of the notice of detention; and

*

*

*

*

*

(ii) Failure of importer to respond or insufficient response to notice. Where the importer
does not provide information within the seven business day response period, or the information
is insufficient for CBP to determine that the merchandise does not bear a counterfeit mark, CBP
will proceed with the disclosure of information as described in paragraph (b)(3) of this section to
the owner of the recorded mark if CBP concludes that the disclosure would assist CBP in its
determination, and provided that the disclosure would not compromise an ongoing law
enforcement investigation or national security. CBP will notify the importer in case of any such
disclosure.
(3) Disclosure to owner of the recorded mark of information appearing on detained
merchandise and/or its retail packaging, including unredacted photographs, images or samples.
CBP will disclose information appearing on the merchandise and/or its retail packaging
(including labels) and images (including photographs) of the merchandise and/or its retail
packaging in its condition as presented for examination (i.e., an unredacted condition) if CBP
concludes that the disclosure of information to the owner of the recorded mark as described in
paragraph (b)(2)(ii) of this section would assist CBP in its determination, and provided that
disclosure would not compromise an ongoing law enforcement investigation or national security.
CBP may also provide a sample of the merchandise and/or its retail packaging in its condition as
presented for examination to the owner of the recorded mark. The release of a sample will be in
accordance with, and subject to, the bond and return requirements of paragraph (c) of this
section. The disclosure may include any serial numbers, dates of manufacture, lot codes, batch
numbers, universal product codes, or other identifying markings appearing on the merchandise or
its retail packaging (including labels), in alphanumeric or other formats.
(4) *

*

* CBP may release the information prior to the issuance of the notice of

detention, concurrently with the notice of detention, or, if the information is unavailable at the
time the notice of detention is issued, CBP may release the information after issuance of the

notice of detention. The limited importation information CBP may disclose to the owner of the
recorded mark consists of:
*

*

*

*

(5) *

*
*

* CBP may release a sample under this paragraph (b)(5) when

the owner of the recorded mark furnishes to CBP a bond in an amount specified by CBP and
containing the conditions set forth in § 113.70(a) of this chapter. *

*

*

(c) *

*

*

(2) *

*

* CBP may release a sample under paragraph (b)(3) of this section

when the owner of the recorded mark furnishes to CBP a bond in an amount specified by CBP
and containing the conditions set forth in § 113.70(a) of this chapter. *
*

*

*

*

*

*

*

(f) Disclosure to owner of the recorded mark, following seizure, of unredacted
photographs, images, and samples. At any time following a seizure of merchandise bearing a
counterfeit mark under this section, and upon receipt of a proper request from the owner of the
recorded mark, CBP may provide, if available, photographs, images, or a sample of the seized
merchandise and its retail packaging, in its condition as presented for examination, to the owner
of the recorded mark. CBP may release a sample under this paragraph (f) when the owner of the
recorded mark furnishes to CBP a bond in an amount specified by CBP and containing the
conditions set forth in § 113.70(b) of this chapter. CBP may demand the return of the sample at
any time. The owner of the recorded mark must return the sample to CBP upon demand or at the
conclusion of the examination, testing, or other use, such as pursuit of a related civil remedy for
infringement, whichever occurs sooner. In the event that the sample is damaged, destroyed, or
lost while in the possession of the owner of the recorded mark, the owner must, in lieu of return
of the sample, certify to CBP that: “The sample described as [insert description] and provided

pursuant to 19 CFR 133.21(f) was (damaged/destroyed/lost) during examination, testing, or other
use.”
*

*

*

*

*

7. Amend § 133.25 by:
a. In paragraph (b), removing the words “owner of the trademark” wherever it appears,
and adding in their place the words “owner of the recorded mark”; and
b. Revise and republish paragraph (c).
c. Removing the word “Customs” wherever it appears, and in its place adding the term
“CBP”.
The revision reads as follows:
§ 133.25 Procedure on detention of articles subject to restriction.
*

*

*

*

*

(c) Disclosure to the owner of the recorded mark or trade name. At any time following
presentation of the merchandise for CBP's examination, but prior to seizure, CBP may release a
sample of the suspect merchandise to the owner of the recorded mark or trade name for
examination or testing to assist in determining whether the article imported bears an infringing
trademark or trade name. CBP may release a sample under this paragraph (c) when the owner of
the recorded mark or trade name furnishes to CBP a bond in an amount specified by CBP and
containing the conditions set forth in § 113.70(a) of this chapter. CBP may demand the return of
the sample at any time. The owner must return the sample to CBP upon demand or at the
conclusion of the examination or testing, whichever occurs sooner. In the event that the sample
is damaged, destroyed, or lost while in the possession of the owner of the recorded mark or
tradename, the owner must, in lieu of returning the sample, certify to CBP that: “The sample
described as [insert description] and provided pursuant to 19 CFR 133.25(c) was
(damaged/destroyed/lost) during examination or testing for trademark infringement.”
*

*

*

*

*

8. Revise § 133.42 to read as follows:
§ 133.42 Piratical articles; Unlawful copies or phonorecords of recorded copyrighted
works.
(a) Definition. A “piratical article,” for purposes of this part, is an unlawfully made
(without the authorization of the copyright owner) copy or phonorecord of a recorded
copyrighted work, importation of which is prohibited by the Copyright Act of 1976, as amended.
(b) Detention, notice, and disclosure of information—(1) Detention period. CBP may
detain any article of domestic or foreign manufacture imported into the United States that is
suspected of constituting a piratical article in violation of a copyright recorded with CBP. The
detention will be for a period of up to 30 days from the date on which the merchandise is
presented for examination. In accordance with 19 U.S.C. 1499(c), if, after the detention period,
the article is not released, the article will be deemed excluded for purposes of 19 U.S.C.
1514(a)(4).
(2) Notice of detention to importer and disclosure to owner of the recorded copyrighted
work—(i) Notice and seven business day response period. Within five business days from the
date of a decision to detain suspect merchandise, CBP will notify the importer in writing of the
detention as set forth in § 151.16(c) of this chapter and 19 U.S.C. 1499. CBP will also inform
the importer that for purposes of assisting CBP in determining whether the detained merchandise
is a piratical article:
(A) CBP may have previously disclosed to the owner of the recorded copyright, prior to
issuance of the notice of detention, limited importation information concerning the detained
merchandise, as described in paragraph (b)(4) of this section, and, in any event, such information
may be released to the owner of the recorded copyright, if available, no later than the date of
issuance of the notice of detention; and

(B) CBP may disclose to the owner of the recorded copyright information that appears
on the detained merchandise and/or its retail packaging, including unredacted photographs,
images, or samples, as described in paragraph (b)(3) of this section, unless the importer provides
information within seven business days of the notification establishing that the detained
merchandise is not piratical.
(ii) Failure of importer to respond or insufficient response to notice. Where the importer
does not provide information within the seven business day response period, or the information
provided is insufficient for CBP to determine that the merchandise is not piratical, CBP will
proceed with the disclosure of information as described in paragraph (b)(3) of this section to the
owner of the recorded copyright, if CBP concludes that the disclosure would assist CBP in its
determination, and provided that disclosure would not compromise an ongoing law enforcement
investigation or national security. CBP will notify the importer in case of any such disclosure.
(3) Disclosure to owner of the recorded copyright of information appearing on detained
merchandise and/or its retail packaging, including unredacted photographs, images, or samples.
CBP will disclose information appearing on the merchandise and/or its retail packaging
(including labels), and images (including photographs) of the merchandise and/or its retail
packaging in its condition as presented for examination (i.e., an unredacted condition) if CBP
concludes that the disclosure of information to the owner of the recorded copyright as described
in paragraph (b)(2)(ii) of this section would assist CBP in its determination, and provided that
disclosure would not compromise an ongoing law enforcement investigation or national security.
CBP may also provide a sample of the merchandise and/or its retail packaging in its condition as
presented for examination to the owner of the recorded copyright. The release of a sample will
be in accordance with, and subject to, the bond and return requirements of paragraph (c) of this
section. The disclosure may include any serial numbers, dates of manufacture, lot codes, batch
numbers, universal product codes, or other identifying markings appearing on the merchandise or
its retail packaging (including labels), in alphanumeric or other formats.

(4) Disclosure to owner of recorded copyright of limited importation information. From
the time merchandise is presented for examination, CBP may disclose to the owner of the
recorded copyright limited importation information to obtain assistance in determining whether
an imported article is a piratical article. CBP may release the information prior to the issuance of
the notice of detention, concurrently with the notice of detention, or, if the information is
unavailable at the time the notice of detention is issued, CBP may release the information after
issuance of the notice of detention. The limited importation information CBP may disclose to
the owner of the recorded copyright consists of:
(i) The date of importation;
(ii) The port of entry;
(iii) The description of the merchandise, for merchandise not yet detained, from the
paper or electronic equivalent of the entry (as defined in § 142.3(a)(1) or (b) of this chapter), the
CBP Form 7512, cargo manifest, advance electronic information or other entry document as
appropriate, or, for detained merchandise, from the notice of detention;
(iv) The quantity, for merchandise not yet detained, as declared on the paper or
electronic equivalent of the entry (as defined in § 142.3(a)(1) or (b) of this chapter), the CBP
Form 7512, cargo manifest, advance electronic information, or other entry document as
appropriate, or, for detained merchandise, from the notice of detention; and
(v) The country of origin of the merchandise.
(5) Disclosure to owner of recorded copyright of redacted photographs, images and
samples. Notwithstanding the notice and seven business day response procedure of paragraph
(b)(2) of this section, CBP may, in order to obtain assistance in determining whether an imported
article is a piratical article and at any time after presentation of the merchandise for examination,
provide to the owner of the recorded copyright photographs, images, or a sample of the suspect
merchandise or its retail packaging (including labels), provided that identifying information has
been removed, obliterated, or otherwise obscured. Identifying information includes, but is not

limited to, serial numbers, dates of manufacture, lot codes, batch numbers, universal product
codes, the name or address of the manufacturer, exporter, or importer of the merchandise, or any
markings that could reveal the name or address of the manufacturer, exporter, or importer of the
merchandise, in alphanumeric or other formats. CBP may release a sample under this paragraph
(b)(5) when the owner of the recorded copyright furnishes to CBP a bond in an amount specified
by CBP and containing the conditions set forth in § 113.70(a) of this chapter. CBP may demand
the return of the sample at any time. The owner of the recorded copyright must return the
sample to CBP upon demand or at the conclusion of any examination, testing, or similar
procedure performed on the sample, whichever occurs sooner. In the event that the sample is
damaged, destroyed, or lost while in the possession of the owner of the recorded copyright, the
owner must, in lieu of return of the sample, certify to CBP that: “The sample described as [insert
description] and provided pursuant to 19 CFR 133.42(b)(5) was (damaged/destroyed/lost) during
examination, testing, or other use.”
(c) Conditions of disclosure to owner of recorded copyright of information appearing on
detained merchandise and/or its retail packaging, including unredacted photographs, images
and samples—(1) Disclosure for limited purpose of assisting CBP in piratical merchandise
determinations. In accordance with paragraphs (b)(2)(ii) and (b)(3) of this section, when CBP
discloses information to the owner of the recorded copyright prior to seizure, CBP will notify the
owner of the recorded copyright that some or all of the information being released may be
subject to the protections of the Trade Secrets Act, and that CBP is only disclosing the
information to the owner of the recorded copyright for the purpose of assisting CBP in
determining whether the merchandise is a piratical article.
(2) Bond. CBP may release a sample under paragraph (b)(3) of this section when the
owner of the recorded copyright furnishes to CBP a bond in an amount specified by CBP and
containing the conditions set forth in § 113.70(a) of this chapter. CBP may demand the return of
the sample at any time. The owner of the recorded copyright must return the sample to CBP

upon demand or at the conclusion of any examination, testing, or similar procedure performed on
the sample, whichever occurs sooner. In the event that the sample is damaged, destroyed, or lost
while in the possession of the owner of the recorded copyright, the owner must, in lieu of return
of the sample, certify to CBP that: "The sample described as [insert description] and provided
pursuant to 19 CFR 133.42(c) was (damaged/destroyed/lost) during examination, testing, or
other use.”
(d) Disclosure to importer of unredacted photographs, images, and samples. CBP will
disclose to the importer unredacted photographs, images, or an unredacted sample of imported
merchandise suspected of being a piratical article at any time after the merchandise is presented
to CBP for examination. CBP may demand the return of the sample at any time. The importer
must return the sample to CBP upon demand or at the conclusion of any examination, testing, or
similar procedure performed on the sample, whichever occurs sooner. In the event that the
sample is damaged, destroyed, or lost while in the possession of the importer, the importer must,
in lieu of return of the sample, certify to CBP that: "The sample described as [insert description]
and provided pursuant to 19 CFR 133.42(d) was (damaged/destroyed/lost) during examination,
testing, or other use."
(e) Seizure and disclosure to owner of the recorded copyright of comprehensive
importation information. Upon a determination by CBP, made any time after the merchandise
has been presented for examination, that an article of domestic or foreign manufacture imported
into the United States is a piratical article, CBP will seize such merchandise and, in the absence
of the written consent of the owner of the recorded copyright (see paragraph (g) of this section),
forfeit the seized merchandise in accordance with the customs laws. When merchandise is
seized under this section, CBP will disclose to the owner of the recorded copyright the following
comprehensive importation information, if available, within 30 business days from the date of
the notice of the seizure:
(1) The date of importation;

(2) The port of entry;
(3) The description of the merchandise from the notice of seizure;
(4) The quantity as set forth in the notice of seizure;
(5) The country of origin of the merchandise;
(6) The name and address of the manufacturer;
(7) The name and address of the exporter; and
(8) The name and address of the importer.
(f) Disclosure to owner of recorded copyright, following seizure, of unredacted
photographs, images, and samples. At any time following a seizure of a piratical article under
this section, and upon receipt of a proper request from the owner of the recorded copyright, CBP
may provide, if available, photographs, images, or a sample of the seized merchandise and its
retail packaging, in its condition as presented for examination, to the owner of the recorded
copyright. CBP may release a sample under this paragraph (f) when the owner of the recorded
copyright furnishes to CBP a bond in the amount specified by CBP and containing the conditions
set forth in § 113.70(b) of this chapter. CBP may demand the return of the sample at any time.
The owner of the recorded copyright must return the sample to CBP upon demand or at the
conclusion of the examination, testing, or other use, such as pursuit of a related civil remedy for
infringement, whichever occurs sooner. In the event that the sample is damaged, destroyed, or
lost while in the possession of the owner of the recorded copyright, the owner must, in lieu of
return of the sample, certify to CBP that: "The sample described as [insert description] and
provided pursuant to 19 CFR 133.42(f) was (damaged/destroyed/lost) during examination,
testing, or other use."
(g) Consent of the owner of the recorded copyright; failure to make appropriate
disposition. The owner of the recorded copyright, within 30 days from notification of seizure,
may provide written consent to the importer allowing the importation of the seized merchandise
in its condition as imported or its exportation, entry after obliteration of the recorded copyright,

if practicable, or other appropriate disposition. Otherwise, the merchandise will be disposed of
in accordance with § 133.52, subject to the importer's right to petition for relief from forfeiture
under the provisions of part 171 of this chapter.
§§ 133.43 and 133.44 [Removed and Reserved]
9. Remove and reserve §§ 133.43 and 133.44.
10. Redesignate subpart F as subpart G and add new subpart F, consisting of §§ 133.47
and 133.48, to read as follows:
Subpart F–Enforcement of the Prohibition on Importation of Merchandise Capable of
Circumventing Technological Measures for Protection of Copyright
§ 133.47 Articles suspected of violating the Digital Millennium Copyright Act
(a) Definitions—(1) Copyright protection measure. A technological measure that
effectively controls access to, or effectively protects a right of a copyright owner in, a
copyrighted work for which the copyright has been recorded with CBP.
(2) Articles that violate the DMCA. Articles that violate the importation prohibitions of
the Digital Millennium Copyright Act (DMCA), 17 U.S.C. 1201, consist of products, devices,
components, or parts thereof primarily designed or produced for the purpose of circumventing a
copyright protection measure, or which have only a limited commercially significant purpose or
use other than such circumvention, or which are knowingly marketed by the manufacturer,
importer, consignee, or other trafficker in such articles, or another acting in concert with the
manufacturer importer, consignee, or trafficker for use in such circumvention.
(3) Eligible person. The owner of a recorded copyright, who employs a copyright
protection measure that may have been circumvented or attempted to be circumvented by articles
that violate the importation prohibitions of the DMCA.
(4) Injured person. The owner of a recorded copyright, who employs a copyright
protection measure that has been circumvented or attempted to be circumvented by articles

seized for violation of the importation prohibitions of the DMCA, and who has successfully
applied to CBP for DMCA protections pursuant to paragraph (b)(2)(iii) of this section.
(b) Detention, notice, and disclosure of information—(1) Detention period. CBP may
detain any article of domestic or foreign manufacture imported into the United States that it
suspects is in violation of the DMCA, as described in paragraph (a)(2) of this section. The
detention will be for a period of up to 30 days from the date on which the merchandise is
presented for examination. In accordance with 19 U.S.C. 1499(c), if, after the detention period,
the article is not released, the article will be deemed excluded for the purposes of 19 U.S.C.
1514(a)(4).
(2) Notice of detention to importer and disclosure to eligible persons—(i) Notice and
seven business day response period. Within five business days from the date of a decision to
detain suspect merchandise, CBP will notify the importer in writing of the detention as set forth
in § 151.16(c) of this chapter and 19 U.S.C. 1499. CBP will also inform the importer that for
purposes of assisting CBP in determining whether the detained merchandise violates the DMCA:
(A) CBP may have previously disclosed to the eligible person, prior to issuance of the
notice of detention, limited importation information concerning the detained merchandise, as
described in paragraph (b)(4) of this section, and, in any event, such information may be released
to the eligible person, if available, no later than the date of issuance of the notice of detention;
and
(B) CBP may disclose to the eligible person information that appears on the detained
merchandise and/or its retail packaging, including unredacted photographs, images, or samples,
as described in paragraph (b)(3) of this section, unless the importer provides information within
seven business days of the notification establishing that the detained merchandise does not
violate the DMCA.
(ii) Failure of importer to respond or insufficient response to notice. Where the importer
does not provide information within the seven business day response period, or the information

provided is insufficient for CBP to determine that the merchandise does not violate the DMCA,
CBP will proceed with the disclosure of information, as described in paragraph (b)(3) of this
section, to the eligible person if CBP concludes that the disclosure would assist CBP in its
determination, and provided that the disclosure would not compromise an ongoing law
enforcement investigation or national security. CBP will notify the importer in case of any such
disclosure.
(iii) Request for DMCA protections and establishment of a list of persons approved for
post-seizure disclosures. Eligible persons may apply to receive post-seizure disclosures from
CBP by attaching a letter requesting such disclosures to an application to record or renew a
copyright. Owners of existing copyright recordations may similarly apply for protection by
submitting a letter requesting such disclosures to CBP. CBP will add those persons CBP
approves for such disclosures to a list that CBP will maintain. CBP will provide the post-seizure
disclosures described in this section to injured persons, as defined in this part, appearing on the
list. CBP will publish a notice, signed by the Executive Director, Regulations and Rulings, of
the establishment of the list in the Federal Register. After the list has been established, CBP will
publish a notice of revisions to the list, signed by the Executive Director, Regulations and
Rulings, in the Federal Register.
(3) Disclosure to eligible persons of information appearing on detained merchandise
and/or its retail packaging, including unredacted photographs, images or samples. CBP will
disclose information appearing on the merchandise and/or its retail packaging (including labels)
and images (including photographs) of the merchandise and/or its retail packaging in its
condition as presented for examination (i.e., an unredacted condition) if CBP concludes that the
disclosure of information to the eligible person as described in paragraph (b)(2)(ii) of this section
would assist CBP in its determination, and provided that the disclosure would not compromise
an ongoing law enforcement investigation or national security. CBP may also provide a sample
of the merchandise and/or its retail packaging in its condition as presented for examination to the

eligible person. The release of a sample will be in accordance with, and subject to, the bond and
return requirements of paragraph (c) of this section. The disclosure may include any serial
numbers, dates of manufacture, lot codes, batch numbers, universal product codes, or other
identifying markings appearing on the merchandise or its retail packaging (including labels), in
alphanumeric or other formats.
(4) Disclosure to eligible person of limited importation information. From the time
merchandise is presented for examination, CBP may disclose to the eligible person limited
importation information in order to obtain assistance in determining whether an imported article
violates the DMCA. CBP may release the information prior to the issuance of the notice of
detention, concurrently with the notice of detention, or, if the information is unavailable at the
time the notice of detention is issued, CBP may release the information after issuance of the
notice of detention. The limited importation information CBP may disclose to the eligible
person consists of:
(i) The date of importation;
(ii) The port of entry;
(iii) The description of the merchandise, for merchandise not yet detained, from the
paper or electronic equivalent of the entry (as defined in § 142.3(a)(1) or (b) of this chapter), the
CBP Form 7512, cargo manifest, advance electronic information or other entry document as
appropriate, or, for detained merchandise, from the notice of detention;
(iv) The quantity, for merchandise not yet detained, as declared on the paper or
electronic equivalent of the entry (as defined in § 142.3(a)(1) or (b) of this chapter), the CBP
Form 7512, cargo manifest, advance electronic information, or other entry document as
appropriate, or, for detained merchandise, from the notice of detention; and
(v) The country of origin of the merchandise.
(5) Disclosure to eligible person of redacted photographs, images and samples.
Notwithstanding the notice and seven business day response procedure of paragraph (b)(2) of

this section, CBP may, in order to obtain assistance in determining whether an imported article
violates the DMCA and at any time after presentation of the merchandise for examination,
provide to the eligible person photographs, images, or a sample of the suspect merchandise or its
retail packaging (including labels), provided that identifying information has been removed,
obliterated, or otherwise obscured. Identifying information includes, but is not limited to, serial
numbers, dates of manufacture, lot codes, batch numbers, universal product codes, the name or
address of the manufacturer, exporter, or importer of the merchandise, or any markings that
could reveal the name or address of the manufacturer, exporter, or importer of the merchandise,
in alphanumeric or other formats. CBP may release a sample under this paragraph (b)(5) when
the eligible person furnishes to CBP a bond in an amount specified by CBP and containing the
conditions set forth in § 113.70(a) of this chapter. CBP may demand the return of the sample at
any time. The eligible person must return the sample to CBP upon demand or at the conclusion
of any examination, testing, or similar procedure performed on the sample, whichever occurs
sooner. In the event that the sample is damaged, destroyed, or lost while in the possession of the
eligible person, the eligible person must, in lieu of return of the sample, certify to CBP that: "The
sample described as [insert description] and provided pursuant to 19 CFR 133.47(b)(5) was
(damaged/destroyed/lost) during examination, testing, or other use.”
(c) Conditions of disclosure to eligible person of information appearing on detained
merchandise and/or its retail packaging, including unredacted photographs, images and
samples—(1) Disclosure for limited purpose of assisting CBP in DMCA determinations. In
accordance with paragraphs (b)(2)(ii) and (b)(3) of this section, when CBP discloses information
to an eligible person prior to seizure, CBP will notify the eligible person that some or all of the
information being released may be subject to the protections of the Trade Secrets Act, and that
CBP is only disclosing the information to the eligible person for the purpose of assisting CBP in
determining whether the merchandise violates the DMCA.

(2) Bond. CBP may release a sample under paragraph (b)(3) of this section when the
eligible person furnishes to CBP a bond in an amount specified by CBP and containing the
conditions set forth in § 113.70(a) of this chapter. CBP may demand the return of the sample at
any time. The eligible person must return the sample to CBP upon demand or at the conclusion
of any examination, testing, or similar procedure performed on the sample, whichever occurs
sooner. In the event that the sample is damaged, destroyed, or lost while in the possession of the
eligible person, the eligible person must, in lieu of return of the sample, certify to CBP that: "The
sample described as [insert description] and provided pursuant to 19 CFR 133.47(c) was
(damaged/destroyed/lost) during examination, testing, or other use.”
(d) Disclosure to importer of unredacted photographs, images or samples. CBP will
disclose to the importer unredacted photographs, images, or an unredacted sample of imported
merchandise suspected of violating the DMCA at any time after the merchandise is presented to
CBP for examination. CBP may demand the return of the sample at any time. The importer
must return the sample to CBP upon demand or at the conclusion of any examination, testing, or
similar procedure performed on the sample, whichever occurs sooner. In the event that the
sample is damaged, destroyed, or lost while in the possession of the importer, the importer must,
in lieu of return of the sample, certify to CBP that: “The sample described as [insert description]
and provided pursuant to 19 CFR 133.47(d) was (damaged/destroyed/lost) during examination,
testing, or other use.”
(e) Seizure and disclosure to injured person of comprehensive importation information.
Upon a determination by CBP, made any time after the merchandise has been presented for
examination, that an article of domestic or foreign manufacture imported into the United States
violates the DMCA as described in paragraph (a)(2) of this section, CBP will seize such
merchandise and, in the absence of written consent of the injured person (see paragraph (g) of
this section), forfeit the seized merchandise in accordance with the customs laws. When
merchandise is seized under this section, CBP will disclose to the injured person the following

comprehensive importation information, if available, within 30 business days from the date of
the notice of the seizure:
(1) The date of importation;
(2) The port of entry;
(3) The description of the merchandise from the notice of seizure;
(4) The quantity as set forth in the notice of seizure;
(5) The country of origin of the merchandise;
(6) The name and address of the manufacturer;
(7) The name and address of the exporter; and
(8) The name and address of the importer.
(f) Disclosure to injured person, following seizure, of unredacted photographs, images
and samples. At any time following a seizure of DMCA-violative merchandise under this
section, and upon receipt of a proper request from the injured person, CBP may provide, if
available, photographs, images, or a sample of the seized merchandise and its retail packaging or
labels, in its condition as presented for examination, to the injured person. CBP may release a
sample under this paragraph (f) when the injured party furnishes to CBP a bond in an amount
specified by CBP and containing the conditions set forth in § 113.70(b) of this chapter. CBP
may demand the return of the sample at any time. The injured person must return the sample to
CBP upon demand or at the conclusion of the examination, testing, or other use, such as pursuit
of a related civil remedy for infringement, whichever occurs sooner. In the event that the sample
is damaged, destroyed, or lost while in the possession of the injured person, the injured person
must, in lieu of return of the sample, certify to CBP that: "The sample described as [insert
description] and provided pursuant to 19 CFR 133.47(f) was (damaged/destroyed/lost) during
examination, testing, or other use."
(g) Consent of the owner of the recorded copyright; failure to make appropriate
disposition. The owner of the recorded copyright, within 30 days from notification of seizure,

may provide written consent to the importer allowing the importation of the seized merchandise
in its condition as imported or its exportation, or other appropriate disposition. Otherwise, the
merchandise will be disposed of in accordance with § 133.52, subject to the importer's right to
petition for relief from forfeiture under the provisions of part 171 of this chapter.
§ 133.48 Demand for redelivery of released articles
If it is determined that articles which have been released from CBP custody are subject to
the prohibitions or restrictions of this subpart, an authorized CBP official will promptly make
demand for redelivery of the articles in accordance with § 141.113 of this chapter. If the articles
are not redelivered to CBP custody under the terms of the bond on CBP Form 301, containing
the bond conditions set forth in § 113.62 of this chapter, a claim for liquidated damages will be
made in accordance with § 141.113 of this chapter.
§ 133.51 [Amended]
11. Amend § 133.51, in paragraph (a), by:
a. Adding the words “ including the DMCA,” after the words “trademark or copyright
laws,”; and
b. Removing the citations “§ 133.24 or § 133.46” and adding in their place the citations
“§ 133.24, § 133.46, or § 133.48”
§ 133.52 [Amended]
12. Amend § 133.52, in paragraph (b), by adding the phrase “except as provided in §§
133.42(g) and 133.47(g)” after the word “destroyed”.
PART 148 – PERSONAL DECLARATIONS AND EXEMPTIONS
13. The general authority citation for part 148 continues and new specific authority is
added for § 148.55 to read as follows:
Authority: 19 U.S.C. 66, 1496, 1498, 1624. The provisions of this part, except for
subpart C, are also issued under 19 U.S.C. 1202 (General Note 3(i), Harmonized Tariff Schedule
of the United States).

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Section 148.55 also issued under 17 U.S.C. 602 and 19 U.S.C. 1526;
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14. Amend § 148.55 by revising the section heading and paragraphs (a) and (c) to read as
follows:
§ 148.55 Exemption for articles embodying American trademark or copyright.
(a) Application of exemption. An exemption is provided for articles bearing a counterfeit
mark (as defined in § 133.21(a) of this chapter) or piratical articles (as defined in § 133.42(a) of
this chapter) accompanying any person arriving in the United States which would be prohibited
entry under 19 U.S.C. 1526, 15 U.S.C. 1124, or 17 U.S.C. 602. The exemption may be applied
either to those piratical articles or to those articles bearing a counterfeit mark that are of foreign
manufacture and bear a recorded mark owned by a citizen of, or a corporation or association
created or organized within, the United States, when imported for the arriving person's personal
use in the quantities provided in paragraph (c) of this section.
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(c) Quantities. Generally, every 30 days, persons arriving in the United States may
apply the exemption to the following: one piratical article of each type, or one article of each
type bearing a counterfeit mark, and/or one piratical article of each type that is also an article
bearing a counterfeit mark. The Commissioner shall determine if more than one article may be
entered and, with the approval of the Secretary of the Treasury, publish in the Federal Register a
list of types of articles and the quantities of each entitled to the exemption. If the owner of a
recorded mark or recorded copyright allows importation of more than one article normally
prohibited entry under 19 U.S.C. 1526, 15 U.S.C. 1124, or 17 U.S.C. 602, the total of those
articles authorized by the owner may be entered without penalty.
PART 151 – EXAMINATION, SAMPLING, AND TESTING OF MERCHANDISE
15. The general authority citation for part 151 continues to read as follows:

Authority: 19 U.S.C. 66, 1202 (General Note 3(i) and (j), Harmonized Tariff Schedule of
the United States (HTSUS), 1624;
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§ 151.16 [Amended]
16. Amend § 151.16 by:
a. Revising paragraphs (a) through (c);
b. In paragraph (d), removing the word “Customs” wherever it appears and adding in its
place the term “CBP”, and removing the word “shall” wherever it appears and adding in its place
the word “will”;
c. In paragraph (e), removing the word “Customs” and adding in its place the term
“CBP”;
d. In paragraph (f), removing the word “Customs” wherever it appears and adding in its
place the term “CBP”, and removing the word “shall” and adding in its place the word “will”;
e. In paragraph (g), removing the word “shall” and adding in its place the word “will”;
f. In paragraph (h), removing the word “Customs” and adding in its place the term
“CBP”;
g. In paragraph (i), removing the word “Customs” and adding in its place the term
“CBP”, and removing the word “shall” and adding in its place the word “will”; and
h. In paragraph (j), removing the word “Customs” and adding in its place the term
“CBP”.
The revisions read as follows:
§ 151.16 Detention of merchandise.
(a) Exemptions from applicability. The provisions of this section are not applicable to
detentions effected by CBP on behalf of other agencies of the U.S. Government in whom the
determination of admissibility is vested.

(b) Decision to detain or release. Within five business days from the date on which
merchandise is presented for CBP examination, CBP will decide whether to release or detain
merchandise. Merchandise that is not released within the five business day period will be
considered to be detained merchandise under 19 U.S.C. 1499(c)(1). For purposes of this section,
merchandise will be considered to be presented for CBP examination when it is in a condition to
be viewed and examined by a CBP officer. Mere presentation to the examining officer of a
cargo van, container, or instrument of international traffic in which the merchandise to be
examined is contained will not be considered to be presentation of merchandise for CBP
examination for purposes of this section. Except when merchandise is examined at the public
stores, the importer must pay all costs relating to the preparation and transportation of
merchandise for CBP examination.
(c) Notice of detention. If a decision to detain merchandise is made, or the merchandise
is not released within the five business day period described in paragraph (b) of this section, CBP
will issue a notice to the importer or other party having an interest in such merchandise within
five business days from such decision or failure to release. Issuance of a notice of detention is
not to be construed as a final determination as to admissibility of the merchandise. The notice
will be prepared by the CBP officer detaining the merchandise and will advise the importer or
other interested party of the:
(1) Initiation of the detention, including the date the merchandise was presented for
examination;
(2) Specific reason for the detention;
(3) Anticipated length of the detention;
(4) Nature of the tests or inquiries to be conducted; and
(5) Nature of any information which, if supplied to CBP, may accelerate the disposition
of the detention.
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PART 177 – ADMINISTRATIVE RULINGS
17. The authority citation for part 177 continues to read as follows:
Authority: 5 U.S.C. 301, 19 U.S.C. 66, 1202 (General Note 3(i), Harmonized Tariff
Schedule of the United States), 1502, 1624, 1625.
§ 177.0 [Amended]
18. In § 177.0 remove the words “part 133 (relating to disputed claims of piratical
copying of copyrighted matter),”.
Emily K. Rick,
Acting Director, Regulations & Disclosure Law Division
Regulations & Rulings,
Office of Trade,
U.S. Customs and Border Protection.
Approved:
Aviva R. Aron-Dine,
Acting Assistant Secretary of the Treasury for Tax Policy.
[FR Doc. 2024-13329 Filed: 6/21/2024 8:45 am; Publication Date: 6/24/2024]