How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 110505
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Type Your Legal Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

PROVISION OF APPEAL AGAINST confiscation notice under 19 usc

This answer was rated:


Thanks for your help in the past.I recently imported a shipment of generic Electronics including speakers etc which have been detained by the customs in accordance with 19 CFR § 133.22 and § 133.25 as they allege that the products bear marks which are confusingly similar to  some US registered trademarks.

Even though the marks are not similar from any laymans  point of view I have responded to the notice with an undertaking under the provisions of § 133.22(C) that "I am willing to remove the objectionable marks permanently as they appear only on the boxes and not the product.

Now my question is in case they do not accept my plea and issue a confiscation notice under 19 usc § 1595a(C) (2)(C) for a violation of 15 U.S.C. § 1124,as implemented by 19 cfr § 133.22,…. "DO I HAVE THE OPTION OF FILING AN APPEAL AND IF SO WHAT IS THE TIME LIMITATION FOR FILING IT FROM THE DATE OF ISSUANCE OF SUCH A NOTICE.

Many thanks for your support as usual and I assure to add a tip as well. 

Thank you for your question. I look forward to working with you again.

You have 30 days to appeal. Pursuant to 19 CFR § 171.1, the petition must set forth the following:
1. A description of the property involved (if a seizure);
2. The date and place of the violation or seizure;
3. The facts and circumstances relied upon by the petitioner to justify remission or mitigation; and
4. If a seizure case, proof of a petitionable interest in the seized property.

The petition for remission or mitigation must be signed by the petitioner, his/her attorney, or a Customs broker. If the petitioner is a corporation, the petition may be signed by an officer or responsible supervisory official of the corporation, or a responsible employee representative of such corporation.

You file the appeal with the local customs office Fines, Penalties and Forfeiture Officers and if denied then you can appeal to the US District Court.

Thank you so much for using I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. PLEASE use REPLY to EXPERT if you would like more information or if you feel something was not included in your answer.

Kindly remember the ONLY WAY experts receive any credit at all for spending time with customers is if you click on OK, GOOD or EXCELLENT SERVICE even though you have made a deposit or are a subscription customer. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO RECEIVE ANY CREDIT, if not the site keeps your money on deposit.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.


There can also be a delay of an hour or more in between my answers because I may be taking a break.

You can always request me through my profile at or beginning your question with “For PaulMJD…”

Customer: replied 3 years ago.

Thanks a ton ,if the appeal is denied what is the maximum penalty that they may ask us to pay in addition to confiscation.

Thank you for your response.

These fines can be up to equal to the retail value of the merchandise. See: 19 USC 1526
Customer: replied 3 years ago.

one last question.Do these penalties apply to

3.2.4 Customs Regulations 19 CFR § 133.22 and 133.25 - Detention of articles bearing
“confusingly similar” marks subject to restrictions and related disclosure information.


or are the penalties lenient in such cases

The penalties are the same for all infringement of intellectual property rights. The fine is discretionary to customs to set up to the retail value of the merchandise.
Law Educator, Esq. and 3 other Legal Specialists are ready to help you