[Federal Register Volume 64, Number 176 (Monday, September 13, 1999)]
[Proposed Rules]
[Pages 49423-49424]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-23686]



[[Page 49423]]

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DEPARTMENT OF THE TREASURY

Customs Service

19 CFR Part 141

RIN 1515-AC15


Anticounterfeiting Consumer Protection Act: Customs Entry 
Documentation

AGENCY: Customs Service, Treasury.

ACTION: Notice of proposed rulemaking.

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SUMMARY: This document proposes to amend the Customs Regulations to 
implement section 12 of the Anticounterfeiting Consumer Protection Act 
of 1996 (ACPA), enacted by Congress to protect consumers and American 
businesses from counterfeit copyrighted and trademarked products. 
Section 12 of the ACPA concerns the content of entry documentation 
required by Customs to determine whether the imported merchandise or 
its packaging bears an infringing trademark. The proposed regulatory 
provision requires importers to provide on the invoice a listing of all 
trademarks appearing on imported merchandise and its packaging. The 
amendment is designed to help Customs fight counterfeiting more 
effectively.

DATES: Comments must be submitted by November 12, 1999.

ADDRESSES: Written comments (preferably in triplicate) may be addressed 
to the Regulations Branch, Office of Regulations and Rulings, U.S. 
Customs Service, Ronald Reagan Building, 1300 Pennsylvania Avenue, NW, 
Washington, DC 20229. Comments submitted may be inspected at the 
Regulations Branch, Office of Regulations and Rulings, U.S. Customs 
Service, Ronald Reagan Building, 1300 Pennsylvania Avenue, NW, Suite 
3000, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Lou Alfano, Commercial Enforcement, 
Office of Field Operations, (202) 927-0005.

SUPPLEMENTARY INFORMATION:

Background

    Finding that counterfeit products cost American businesses an 
estimated $200 billion each year worldwide, Congress enacted the 
Anticounterfeiting Consumer Protection Act of 1996 (ACPA) to make sure 
that Federal law adequately addresses the scope and sophistication of 
modern counterfeiting. The provisions of the ACPA are designed to 
provide important weapons in the fight against counterfeiters. On July 
2, 1996, the President signed the ACPA into law (Pub.L. 104-153, 110 
Stat. 1386).
    The ACPA contains 14 sections, 13 of which are substantive in 
nature. Section 14 of the ACPA directs the Secretary of the Treasury to 
prescribe such regulations or amendments to existing regulations as may 
be necessary to implement and enforce particular provisions of the 
ACPA.
    This document concerns section 12 of the ACPA, which amends section 
484(d) of the Tariff Act of 1930 (19 U.S.C. 1484(d)) concerning Customs 
entry documentation. The amendment to section 484(d) adds a new 
provision authorizing the Secretary of the Treasury to require that 
entry documentation contain such information as may be necessary to 
enable Customs to determine whether the imported merchandise bears an 
infringing trademark on either the goods or packaging in violation of 
section 42 of the Act of July 5, 1946 (commonly referred to as the 
``Trademark Act of 1946'' (15 U.S.C. 1124)), or any other applicable 
law. The amendment enables Customs to identify shipments likely to 
contain counterfeit products that come from locations where goods 
bearing a particular mark are not legitimately manufactured.
    In this document Customs proposes to implement the entry 
documentation content requirement by amending paragraph (a)(3) of 
Sec. 141.86, Customs Regulations (19 CFR 141.86(a)(3)), which concerns 
the general information requirements of invoices, to specifically 
require that importers provide on the invoice a listing of any 
trademark information appearing on imported merchandise and its 
packaging. This amendment is necessary because while the current 
section requires information regarding ``marks, numbers, and symbols'' 
to be set forth on the invoice, it does not specify trademark 
information.

Comments

    Before adopting this proposed regulatory amendment as a final rule, 
consideration will be given to any written comments timely submitted to 
Customs. Comments submitted will be available for public inspection in 
accordance with the Freedom of Information Act (5 U.S.C. 552), Sec. 1.4 
of the Treasury Department Regulations (31 CFR 1.4), and Sec. 103.11(b) 
of the Customs Regulations (19 CFR 103.11(b)), on regular business days 
between the hours of 9 a.m. and 4:30 p.m. at the Regulations Branch, 
Office of Regulations and Rulings, U.S. Customs Service, Ronald Reagan 
Building, 1300 Pennsylvania Avenue, NW, Washington, DC.

Inapplicability of the Regulatory Flexibility Act, and Executive 
Order 12866

    Pursuant to provisions of the Regulatory Flexibility Act (5 U.S.C. 
601 et seq.), it is certified that this amendment, if adopted, will not 
have a significant economic impact on a substantial number of small 
entities, as the amendment concerns identifying information regarding 
imported merchandise of a sort that is already maintained by the 
importer. Accordingly, this amendment is not subject to the regulatory 
analysis or other requirements of 5 U.S.C. 603 and 604. This document 
does not meet the criteria for a ``significant regulatory action'' as 
specified in Executive Order 12866.

List of Subjects in 19 CFR Part 141

    Customs duties and inspection, Entry of merchandise, Foreign trade 
statistics, Invoices, Packaging, Prohibited merchandise, Release of 
merchandise, Reporting and recordkeeping requirements, Restricted 
merchandise (counterfeit goods), Trademarks, Trade names.

Amendment to the Regulations

    For the reasons stated above, it is proposed to amend part 141 of 
the Customs Regulations (19 CFR part 141) as set forth below:

PART 141--ENTRY OF MERCHANDISE

    1. The general authority citation for part 141 continues to read as 
follows:

    Authority: 19 U.S.C. 66, 1448, 1484, 1624.
* * * * *
    2. In Sec. 141.86, paragraph (a)(3) is revised to read as follows:


Sec. 141.86  Contents of invoices and general requirements.

    (a) * * *
    (3) A detailed description of the merchandise, including the name 
by which it is known; marks, numbers, and symbols under which it is 
sold by the seller or manufacturer to the trade in the country of 
exportation; the grade or quality of the merchandise; and a listing of 
any trademarks appearing on the merchandise or its components; together 
with a listing of the marks, numbers, and any trademarks appearing on 
the

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packages in which the merchandise is packed;
* * * * *
Raymond W. Kelly,
Commissioner of Customs.

    Approved: July 6, 1999
Dennis M. O'Connell,
Acting Deputy Assistant Secretary of the Treasury
[FR Doc. 99-23686 Filed 9-10-99; 8:45 am]
BILLING CODE 4820-02-P