CUSTOMS SEEKS COMMENTS ON SEIZED COUNTERFEIT MERCHANDISE RULES
The U.S. Customs Service said it has proposed to amend regulations on civil fine amounts applied to imported counterfeit merchandise.
Customs regulations now use, as a measurement for determining the limit, the domestic value of merchandise as though it were genuine, based on the manufacturer’s suggested retail price (MSRP) of the product at time of seizure.
“The language set forth in the proposed rule adheres more closely to the statutory language, basing the limit of the civil fine on the value of the genuine goods according to the MSRP, without any reference to domestic value,” Customs said.
Customs said that because the MSRP excludes retail sales and markdowns, it is usually greater than the good’s domestic value, so removing the distinction between the statutory and the regulatory language will clear up confusion, allowing'Customs'a more uniform method in deterring the amount of a civil fine.
Written comments on the proposed rule may be submitted by Aug. 6 to: Regulations Branch, U.S. Customs’ Office of Regulations and Rulings, 1300 Pennsylvania Ave., N.W., 3rd Floor, Washington, D.C. 20229. For further information contact Lynne O. Robinson, Customs’ Office of Regulations and Rulings, (202) 927-2346.