Page:United States Statutes at Large Volume 107 Part 3.djvu/249

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PUBLIC LAW 103-182—DEC. 8, 1993 107 STAT. 2187 sive and timely manner, all information, including directives, memoranda, electronic messages and telexes which contain instructions, requirements, methods or advice necessary for importers and exporters to comply with the Customs laws and regulations. All information whicn may be made available pursuant to this subsection shall be subject to any exemption from disclosure provided by section 552 of title 5, United States Code.". SEC. 624. SEIZURE AUTHORTTY. Section 596(c) (19 U.S.C. 1595a(c)) is amended to read as follows: (c) Merchandise which is introduced or attempted to be introduced into the United States contrary to law shall be treated as follows: "(1) The merchandise shall be seized and forfeited if it— " (A) is stolen, smuggled, or clandestinely imported or introduced; "(B) is a controlled substance, as defined in the Controlled Substances Act (21 U.S.C. 801 et seq.), and is not imported in accordance with applicable law; or "(C) is a contraband article, as defined in section 1 of the Act of August 9, 1939 (49 U.S.C. App. 781). "(2) The merchandise may be seized and forfeited if—

    • (A) its importation or entry is subject to any restriction

or prohibition which is imposed by law relating to health, safety, or consiirvation and the merchandise is not in compliance with the applicable rule, regulation, or statute; "(B) its importation or entry requires a license, permit or other author! zation of an agency of the United States Government and the merchsuidise is not accompanied by such license, permit, or authorization; "(C) it is merchandise or packaging in which copjrright, trademark, or trade name protection violations are involved (including, but not limitea to, violations of section 42, 43, or 45 of the Act of July 5, 1946 (15 U.S.C. 1124, 1125, or 1127), section 506 or 509 of title 17, United States Code, or section 2318 or 2320 of title 18, United States Code); "(D) it is trade dress merchandise involved in the violation of a court order citing section 43 of such Act of July 5, 1946(15 U.S.C. 1125); "(E) it is merchandise which is marked intentionally in violation of section 304; or "(F) it is merchandise for which the importer has received written notices that previous importations of identical merchandise from the same supplier were found to have been marke d in violation of section 304. "(3) If the importation or entry of the merchandise is subject to quantitative restrictions requiring a visa, permit, license, or other similar document, or stamp from the United States Government or from a foreign government or issuing authority pursuant to a bilateral or multilateral agreement, the merchandise shall be subject to detention in accordance with section 499 unless the appropriate visa, license, permit, or similar document or stamp is presented to the Customs Service; but if the visa, permit, license, or similar document or stamp which is presented in connection with the importation or entry of