Merchandise entry: Anticounterfeiting Consumer Protection Act; Customs entry documentation,
[Federal Register: September 13, 1999 (Volume 64, Number 176)]
[Proposed Rules]
[Page 49423-49424]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13se99-34]
[[Page 49423]]
DEPARTMENT OF THE TREASURY
Customs Service
RIN 1515-AC15
Anticounterfeiting Consumer Protection Act: Customs Entry Documentation
AGENCY: Customs Service, Treasury.
ACTION: Notice of proposed rulemaking.
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
-
The general authority citation for part 141 continues to read as follows:
Authority: 19 U.S.C. 66, 1448, 1484, 1624. * * * * *
-
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
[[Page 49424]]
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. 99-23686Filed9-10-99; 8:45 am]
BILLING CODE 4820-02-P
