[Federal Register Volume 63, Number 60 (Monday, March 30, 1998)]
[Rules and Regulations]
[Pages 15088-15089]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-8218]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE TREASURY

Customs Service

19 CFR Part 133

[T.D. 98-21]


Copyright/Trademark Name Protection; Disclosure of Information; 
Correction

AGENCY: Customs Service, Treasury.

ACTION: Final rule; corrections.

-----------------------------------------------------------------------

SUMMARY: Customs published in the Federal Register of March 12, 1998, a 
document which amended the Customs Regulations to allow Customs to 
provide to intellectual property rights (IPR) owners sample merchandise 
and to disclose to IPR owners certain information regarding the 
identity of persons involved with importing merchandise that is 
detained or seized for infringement of the IPR owner's registered 
copyright, trademark, or trade name rights. Inadvertently, Sec. 133.43 
was incorrectly amended. This document corrects the amendment of that 
section.

DATES: This correction is effective April 13, 1998.

FOR FURTHER INFORMATION CONTACT: Michael Smith, Attorney, Intellectual 
Property Rights Branch (202) 927-2326.

SUPPLEMENTARY INFORMATION:

Background

    On March 12, 1998, Customs published in the Federal Register (63 FR 
11996)(FR Doc. 98-6183) T.D. 98-21 to amend the Customs Regulations at 
part 133 to allow Customs to provide to intellectual property rights 
(IPR) owners sample merchandise and to disclose to IPR owners certain 
information regarding the identity of persons involved with importing 
merchandise that is detained or seized for infringement of the IPR 
owner's registered copyright, trademark, or trade name rights.
    This document corrects three editorial errors to Sec. 133.43 that 
were contained in T.D. 98-21. The editorial errors concern the 
amendment to Sec. 133.43, which pertains to the procedure on suspicion 
of infringing copies.
    It has come to Customs attention that a requirement currently in 
paragraph (b)(2) of Sec. 133.43 that was never intended to be changed 
was inadvertently dropped from the regulatory text in the March 12 
publication. The dropped requirement, that Customs is reinserting in 
this correction document, concerns what a copyright owner must file 
with a port director to prevent an imported article suspected of being 
an infringing copy from being released if the importer files a denial 
that the article is an infringing copy. The copyright owner must file a 
bond along with a written demand for exclusion from entry of the 
detained article. The text of paragraph (b)(2) of Sec. 133.43 in the 
March 12 publication inadvertently dropped the bond requirement.
    The second and third errors concern the text of the second sentence 
in paragraph (c). One error incorrectly identified trademark owners as 
the object of the procedure when it should have referenced copyright 
owners. The other error mistakenly included words (``Customs detention 
or seizure, or * * *, in the event that the Commissioner of Customs, or 
his designee, or a federal court determines that the article does not 
bear an infringing mark'') that should have been omitted and were not. 
Accordingly, this document corrects those errors.

Correction of Publication

    Accordingly, the publication on March 12, 1998, of the final rule 
(T.D. 98-21)(63 FR 11996)(FR Doc. 98-6183) is corrected as follows:
    1. On page 12000, in the third column, paragraphs (b)(6) and (c) of 
Sec. 133.43 are corrected to read as follows:


Sec. 133.43  Procedure on suspicion of infringing copies.

* * * * *
    (b) * * *
    (6) Notice that the imported article will be released to the 
importer unless, within 30 days from the date of the notice, the 
copyright owner files with the port director:
    (i) A written demand for the exclusion from entry of the detained 
imported article; and
    (ii) A bond, in the form and amount specified by the port director, 
conditioned to hold the importer or owner of the imported article 
harmless from any loss or damage resulting from Customs detention in 
the event the Commissioner or his designee

[[Page 15089]]

determines that the article is not an infringing copy prohibited 
importation under section 602 of the Copyright Act of 1976 (17 U.S.C. 
602)(See part 113 of this chapter).
    (c) Samples available to the copyright owner. At any time following 
presentation of the merchandise for Customs examination, but prior to 
seizure, Customs may provide a sample of the suspect merchandise to the 
owner of the copyright for examination or testing to assist in 
determining whether the article imported is a piratical copy. To obtain 
a sample under this section, the copyright owner must furnish Customs a 
bond in the form and amount specified by the port director, conditioned 
to hold the United States, its officers and employees, and the importer 
or owner of the imported article harmless from any loss or damage 
resulting from the furnishing of a sample by Customs to the copyright 
owner. Customs may demand the return of the sample at any time. The 
owner must return the sample to Customs upon demand or at the 
conclusion of the examination or testing. In the event that the sample 
is damaged, destroyed, or lost while in the possession of the copyright 
owner, the owner shall, in lieu of return of the sample, certify to 
Customs that: ``The sample described as [insert description] provided 
pursuant to 19 CFR 133.43(c) was (damaged/destroyed/lost) during 
examination or testing for copyright infringement.
* * * * *
    Dated: March 25, 1998.
Harold M. Singer,
Chief, Regulations Branch.
[FR Doc. 98-8218 Filed 3-27-98; 8:45 am]
BILLING CODE 4820-02-P