2310-011A Personal Use Exemption: Unauthorized Trademarks

Published CBP guidance; operative status and applicability must be assessed from the retained publisher edition.

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CUSTOMS DIRECTIVE
ORIGINATING OFFICE: OR&R DISTRIBUTION: S-01
CUSTOMS DIRECTIVE NO. 2310-011A
DATE: JANUARY 24, 2000
SUPERSEDES: 2310-11 July 30, 1991
REVIEW DATE: JANUARY 2002
PERSONAL USE EXEMPTION: UNAUTHORIZED TRADEMARKS
1. PURPOSE. To clarify Customs policy with respect to the proper application of
the personal use exemption.
2. AUTHORITY. Generally , Section 526 of the Tariff Act of 1930, as amended (19
U. S.C. §1526) and section 42 of the Act of July 5, 1946 (60 Stat. 440; 15 U.S.C. §1124)
(t he Lanham Act) proscribe the importation of goods bearing counterfeits of trademarks
which have been registered with the U.S. Patent & Trademark Offi ce and recorded with
U.S. Customs.
3. BACKGROUND. According to the statute (19 U.S.C. §1526(d)(1)), such
re strictions do not apply to the importation of articles accompanying any person arriving
in the Unit ed States, when such articles are for his personal use and not for sale,
provided such articles have been approved and enumerated by Customs, and that such
person has not been granted a 1526(d) exemption within 30 days immediately
preceding his arrival. However, 19 U.S.C.§1526(d)(4) also authoriz es the Secretary of
the Treasury to prescribe such rules and regulations as may be necessary to carry out
that law.
3.1 At 19 CFR §148.55, Customs has promulga ted regulations which provide for the
im portation of one article of a type bearing an unauthoriz ed protected trademark.
Importations of quantitie s greater than one article of a type bearing an unauthoriz ed
trademark are subject to the provisi ons of 19 CFR §133.24.
4. ACTION. Customs offi cers shall permit any person arriving in the Unit ed States,
to import one article, which must accompany the person, bearing a counterfeit,
confusingly similar, or restricted gray market trademark, provided that the article is for
personal use and not for sale.
4.1 Customs offi cers shall permit the arriving person to retain one article of each
type accompanying the person. For example, an arriving person who has three purses,
whether each bears a different unauthoriz ed trademark or whether all three bear the
same unauthoriz ed trademark, is permitted one purse.
4.2 Imported items over and above one article are subject to dispositi on under either
19 CFR § 133.21 (counterfeit) or 19 CFR § 133.24 (gray market and confusingly
similar). Under 19 CFR § 133.21, counterfeit items, in the absence of permission from
the trademark owner, must be seized and forfeited. Gray market or confusingly similar

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goods are subject to detention under 19 CFR §133.24(a). Upon such a detention,
Customs offi cers should orally advise the person(s) arriving that the articles are subject
to detention and that in accordance with 19 CFR §133.24(c)(2), such articles may be:
4.2.1 Exported or destroyed under Customs supervi sion; or
4.2.2 Imported if the mark is removed or oblit erated to Customs satisfaction; or
4.2.3 Released if permission to import the goods is obtained from the trademark
holder.
4.3 Where the trademark holder consents to the importation of goods bearing
unauthoriz ed trademarks in quantitie s above the regulatory exemption, Customs
offi cers shall allow the greater quantity to be imported.
4.4 Where the importer has fail ed to obtain rel ease of such detained goods after 30
days from the date of presentation to Customs, said goods shall be seized and
forfeiture proceedings instituted.
4.5 In the past, there has been confusion over whether the personal use exemption
contained in 19 CFR §148.55 applie s equally to crew members. 19 CFR §148.55, and
it s governing statute, 19 U.S.C. §1526(d), state that the personal use exemption is
available to "any person." This includes crew members.
5. RESPONSIBILITIES. Customs field offi cers are responsible for following these
guidelines. Area/Port dire ctors, assistant port dire ctors (tr ade operations), supervi sory
im port specialists, and supervi sory inspectors are responsible for ensuring that their
staffs are aware of the content of this Directive and adhere to the gui delines provided.
Commissioner of Customs