To expand the sharing of information with respect to suspected violations of intellectual property rights in trade.
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The bill would let U.S. Customs and Border Protection share more information with trademark and copyright owners, and other interested parties, when it suspects imported goods violate intellectual property rights.
It would lower the threshold for CBP to seek help identifying counterfeit or pirated goods, expand what images and data can be shared, and let CBP pass along nonpublic data from online marketplaces and shippers about suspect shipments.
What this bill would do
What it would do
The bill would amend the Tariff Act of 1930's provision on sharing information about suspected intellectual property violations in imported merchandise. It would lower the standard CBP must meet before requesting assistance from rights holders, from having to "suspect" a violation to merely having "a reasonable suspicion." It would expand the categories of information and images CBP may share to include packing materials and containers, not just merchandise, packaging, and labels. It would also let CBP share nonpublic information about suspect merchandise generated by online marketplaces, freight forwarders, express consignment operators, or other entities involved in importing or selling the goods, so long as CBP has obtained that information, with notice given to the recipient.
It would also broaden who qualifies as a "person" CBP can request assistance from and share information with, adding "any other party with an interest in the merchandise" as determined appropriate by the CBP Commissioner, beyond the trademark and copyright owners already covered.
Key provisions
- 1Would lower CBP's threshold for requesting assistance from a person regarding suspected merchandise from 'suspects' a violation to having 'a reasonable suspicion'
- 2Would expand the information and images CBP must provide to include packing materials and containers, not just merchandise, packaging, and labels
- 3Would authorize CBP to share nonpublic information about merchandise generated by online marketplaces, freight forwarders, or other entities involved in its sale or importation
- 4Would require CBP to notify the recipient when it transmits such nonpublic information, under regulations the Secretary prescribes
- 5Would expand the definition of eligible persons to include any other party with an interest in the merchandise, as determined by the Commissioner
Who would be affected
Trademark and copyright owners, online marketplaces, freight forwarders, express consignment operators, importers, and other parties with an interest in imported merchandise, as well as U.S. Customs and Border Protection officials who handle suspected intellectual-property violations at the border.
Why it matters
Rights holders and other interested parties would get faster, broader access to information—including images of packaging and nonpublic marketplace data—to help identify counterfeit or pirated imports before they enter the country. The lowered suspicion threshold and CBP's added discretion could also change how often and to whom such information is shared.
What would change
Changes to existing law
Amends Section 628A of the Tariff Act of 1930 (19 U.S.C. 1628a) (Section 1)
Lowers the suspicion standard, expands shareable information to packing materials/containers, adds authority to share nonpublic marketplace data, and broadens who can receive assistance requests and information.
Agencies directed to act
How implementation would work
CBP would apply the revised "reasonable suspicion" standard when deciding whether to request assistance from rights holders or other interested parties. When sharing nonpublic information obtained from online marketplaces, freight forwarders, or similar entities, CBP would need to follow notification procedures set out in regulations the Secretary of the Treasury (or Homeland Security, as applicable) prescribes, informing recipients of what information was transmitted. The Commissioner of CBP would have discretion to determine which additional parties qualify as having an interest in the merchandise.
Legislative status & sources
Latest action
Received in the Senate and Read twice and referred to the Committee on Finance.
Official CRS summary
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This bill expands the authority of U.S. Customs and Border Protection (CBP) to provide information to certain persons (e.g., trademark or copyright owners) regarding suspected violations of intellectual property rights in trade.
Under current law, if CBP suspects that merchandise is being imported in violation of certain trademark and copyright laws, it may request assistance from specified persons when determining whether the merchandise is imported in violation of these laws. To permit the party to conduct examination and testing, CBP must provide them with specified information that appears on the merchandise and its packaging and labels.
This bill (1) expands the definition of person to allow CBP to request assistance from any other appropriate party with an interest in the imported merchandise, and (2) expands the scope of information that CBP is authorized to share with others to include information on and images of packing materials and containers.
The bill allows CBP to request this assistance if it has a reasonable suspicion (currently, suspects) that the merchandise being imported is in violation of certain trademark and copyright laws.
Additionally, CBP may provide a person with nonpublic information about the imported merchandise that was generated by an online marketplace or similar market platform, express consignment operator, freight forwarder, or any other entity that plays a role in the sale, importation, or facilitation of the merchandise into the United States and has been provided to, shared with, or obtained by CBP. CBP must provide the person with notification of the transmitted information.
Legislative subjects
Customs enforcement; Foreign Trade and International Finance; Government information and archives; Intellectual property
Committee report
H. Rept. 119-415