Title 19, Customs DutiesRelease 119-110

§1628a Exchange of Information Related to Trade Enforcement

Title 19 › CHAPTER 4 — TARIFF ACT OF 1930 › SUBTITLE III — ADMINISTRATIVE PROVISIONS › Part V — Enforcement Provisions › § 1628a

Last updated Sep 22, 2026|Official source

Summary

If the Commissioner of U.S. Customs and Border Protection suspects imported goods violate section 1526 of this title or sections 602, 1201(a)(2), or 1201(b)(1) of title 17, and decides a rights owner testing the goods would help, the Commissioner must give that person the information shown on the goods and their packaging, including unredacted photos. The Commissioner may also give unredacted samples of the goods if any required bond rules are met. The people who may get this are the owner of the trademark for suspected section 1526 violations, the owner of the copyright for suspected section 602 violations, and the copyright owner for suspected circumvention under sections 1201(a)(2) or 1201(b)(1). This only applies when the trademark or copyright is recorded with U.S. Customs and Border Protection. The Commissioner must not share information, photos, or samples if doing so would harm an ongoing law enforcement investigation or national security.

Full Legal Text

Title 19, §1628a

Customs Duties, Source: USLM XML via OLRC

(a)In general

Subject to subsections (c) and (d), if the Commissioner of U.S. Customs and Border Protection suspects that merchandise is being imported into the United States in violation of section 1526 of this title or section 602, 1201(a)(2), or 1201(b)(1) of title 17 and determines that the examination or testing of the merchandise by a person described in subsection (b) would assist the Commissioner in determining if the merchandise is being imported in violation of that section, the Commissioner, to permit the person to conduct the examination and testing—

(1)shall provide to the person information that appears on the merchandise and its packaging and labels, including unredacted images of the merchandise and its packaging and labels; and

(2)may, subject to any applicable bonding requirements, provide to the person unredacted samples of the merchandise.

(b)Person described

A person described in this subsection is—

(1)in the case of merchandise suspected of being imported in violation of section 1526 of this title, the owner of the trademark suspected of being copied or simulated by the merchandise;

(2)in the case of merchandise suspected of being imported in violation of section 602 of title 17, the owner of the copyright suspected of being infringed by the merchandise;

(3)in the case of merchandise suspected of being primarily designed or produced for the purpose of circumventing a technological measure that effectively controls access to a work protected under that title, and being imported in violation of section 1201(a)(2) of that title, the owner of a copyright in the work; and

(4)in the case of merchandise suspected of being primarily designed or produced for the purpose of circumventing protection afforded by a technological measure that effectively protects a right of an owner of a copyright in a work or a portion of a work, and being imported in violation of section 1201(b)(1) of that title, the owner of the copyright.

(c)Limitation

Subsection (a) applies only with respect to merchandise suspected of infringing a trademark or copyright that is recorded with U.S. Customs and Border Protection.

(d)Exception

The Commissioner may not provide under subsection (a) information, photographs, or samples to a person described in subsection (b) if providing such information, photographs, or samples would compromise an ongoing law enforcement investigation or national security.

Reference

Citations & Metadata

Citation

19 U.S.C. § 1628a

Title 19, Customs Duties

Last Updated

Sep 22, 2026

Release point: 119-110