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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 116828
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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PROVISION OF APPEAL AGAINST confiscation notice under 19 usc

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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.

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Customer: replied 4 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 4 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.
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