Title 19 — Customs DutiesRelease 119-73not60

§1628a Exchange of Information Related to Trade Enforcement

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

Last updated Apr 5, 2026|Official source

Summary

If the Commissioner of U.S. Customs and Border Protection thinks imported goods might break section 1526 of this title or sections 602, 1201(a)(2), or 1201(b)(1) of title 17 and decides that letting a rights owner examine or test the goods would help, the Commissioner must give that person the information on the goods and their packaging, including unredacted photos, and may give unredacted samples if any bonding rules are met. The people allowed to examine are the trademark owner for suspected 1526 violations, and the copyright owner for suspected 602, 1201(a)(2), or 1201(b)(1) violations. This only applies if the trademark or copyright is recorded with CBP. The Commissioner must not share anything if it would harm an ongoing law-enforcement investigation or national security.

Full Legal Text

Title 19, §1628a

Customs Duties — Source: USLM XML via OLRC

(a)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)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)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)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

Apr 5, 2026

Release point: 119-73not60