Pub. L. 95-410, tit. II, sec. 211

Sec. 211. (a) Section 526 of the Tariff Act of 1930 (19 U.S.C. 1526) is amended— (1) by striking out “It” in subsection (a) and inserting in lieu thereof “Except as provided in subsection (d) of this section, it”; and (2) by adding at the end thereof the following new subsection: “(d) Exemptions.— (1) The trademark provisions of this section and section 42 of the Act of July 5, 1946 (60 Stat. 440; 15 U.S.C. 1124), do not apply to the importation of articles accompanying any person arriving in the United States when such articles are for his personal use and not for sale if (A) such articles are within the limits of types and quantities determined by the Secretary pursuant to paragraph (2) of this subsection, and (B) such person has not been granted an exemption under this subsection within thirty days immediately preceding his arrival. “(2) The Secretary shall determine and publish in the Federal Register lists of the types of articles and the quantities of each which shall be entitled to the exemption provided by this subsection. In determining such quantities of particular types of trade-marked articles, the Secretary shall give such consideration as he deems necessary to the numbers of such articles usually purchased at retail for personal use. “(3) If any article which has been exempted from the restrictions on importation of the trade-mark laws under this subsection is sold within one year after the date of importation, such article, or its value (to be recovered from the importer), is subject to forfeiture. A sale pursuant to a judicial order or in liquidation of the estate of a decedent is not subject to the provisions of this paragraph. “(4) The Secretary may prescribe such rules and regulations as may be necessary to carry out the provisions of this subsection.”. (b) Section 42 of the Act of July 5, 1946 (15 U.S.C. 1124), is amended by striking out “That” and inserting in lieu thereof “Except as provided in subsection (d) of section 526 of the Tariff Act of 1930,”. (c) Section 526 of the Tariff Act of 1930 (19 U.S.C. 1526) is amended by adding at the end of the following new subsection: “(e) Any such merchandise bearing a counterfeit mark (within the meaning of section 45 of the Act of July 5, 1946 (commonly referred to as the Lanham Act, 60 Stat. 427; 15 U.S.C. 1127)) imported into the United States in violation of the provisions of section 42 of the Act of July 5, 1946 (60 Stat, 440; 15 U.S.C. 1124), shall92 STAT. 904 be seized and, in the absence of the written consent of the trademark owner, forfeited for violations of the customs laws. Upon seizure of such merchandise, the Secretary shall notify the owner of the trademark, and shall, after forfeiture, obliterate the trademark where feasible and dispose of the goods seized— “(1) by delivery to such Federal, State, and local government agencies as in the opinion of the Secretary have a need for such merchandise, “(2) by gift to such eleemosynary institutions as in the opinion of the Secretary have a need for such merchandise, “(3) more than 1 year after the date of forfeiture, by sale by appropriate customs officers at public auction under such regulations as the Secretary prescribes, except that before making any such sale the Secretary shall determine that no Federal, State, or local government agency or eleemosynary institution has established a need for such merchandise under paragraph (1) or (2), or “(4) if the merchandise is unsafe or a hazard to health, by destruction.”.