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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 89570
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Pending their decision is there anything I can do to strengthen

Resolved Question:

Pending their decision is there anything I can do to strengthen my case.For example is it advisable to file application under form 3499 to separate some of the goods are not bearing any objectionable marks
Or is it advisable to file this once they have decided?
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for the new question.

You should file now before any decision is made to separate the items that do not bear questionable or objectionable marks, this way you are left to only fight over a smaller amount of the items.



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Customer: replied 1 year ago.

Also is their a specific format to file exemption under 19 CFR § 133.22(c) to establish that the confusing marks which are only on the outer boxes can easily be removed and that we are willing to give an undertaking to that effect.


Thanks.

Expert:  Law Educator, Esq. replied 1 year ago.
No, there is no specific form. You write a letter to Customs describing the property that is being held and ask for the property you want released that is not in violation and cite the CFR and ask them to release the specific non-violating items.
Customer: replied 1 year ago.

One last question before I press the OK tab.


The customs issued a detention notice dated(01/05/20130 which is a future date in which they pointed out discrepancies in all the pacakges of the nature of confusingly similar logos.Subsequently they issued a formal notice dated April 5 2013,under in accordance with 19 cfr 133.22 and 133.25 in which they pointed out a violation only in one product.


Does that mean the formal notice supersedes the detention notice.Should the wrong date be pointed out to them?


and under the circumstance should I file an application for manipulation presuming the formal notice is final and supersedes the detention notice.

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your follow up (I would hope you would click excellent and not just OK).

The last notice issued, the formal notice, would be the official notice that supersedes all other notices. So you would go by the April notice and you can based on that notice ask for a release of the non-infringing items and the appeal the other items.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 89570
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Law Educator, Esq. and 3 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

Sorry


I just looked up and found this form for manipulation to separate the items that do not bear questionable or objectionable marks,


"


APPLICATION AND APPROVAL
TO MANIPULATE, EXAMINE, SAMPLE OR TRANSFER GOODS
19 CFR 19.8, 19.11, 158.43"


Do i need to submit this or a simple application will do?


Thanks

Expert:  Law Educator, Esq. replied 1 year ago.
Actually, you can submit the form or a simple application, Customs will take either one.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 89570
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Law Educator, Esq. and 3 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

Also where do I file this application.Thanks a ton for all your help.

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you.

You file this with the Local Customs office where the seizure was made, with their fines, penalties and enforcement office.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 89570
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Law Educator, Esq. and 3 other Legal Specialists are ready to help you

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