Commentaries: Art. 72

If, as a result of an application for assistance in accordance with Article 71 paragraph 1, the FOCBS has grounds to suspect that goods intended to be brought into or taken out of the Swiss customs territory unlawfully bear a trade mark or indication of source, it shall:
1. detain the goods; and
2. inform the applicant and the declarant, holder or owner of the goods.
If an application for the destruction of small consignments (Art. 71 para. 2 let. b) was submitted with the application for assistance in accordance with Article 71 paragraph 1, the procedure shall be governed exclusively by Article 72i .
The FOCBS shall detain the goods for a maximum of ten working days from the date on which the applicant received the notification in accordance with paragraph 1 letter b so that the applicant may obtain preliminary measures.
Where justified by the circumstances, it may detain the goods for a maximum of ten additional working days.
If the consignment is small, the FOCBS may transfer responsibility for the notification in accordance with paragraph 1 letter b and the further procedural steps to the IPI.