# Technical Corrections to the Customs Regulations Relating to Customs Modernization > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A94-27906 ## Record - **Collection:** Federal Register - **Document type:** Uncategorized Document - **Published:** November 10, 1994 ## Text DEPARTMENT OF THE TREASURY Customs Service 19 CFR Part 133 [T.D. 94-90] Technical Corrections to the Customs Regulations Relating to Customs Modernization AGENCY: U.S. Customs Service, Department of the Treasury. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This document amends the Customs Regulations by making certain technical corrections necessitated by one of the Customs Modernization provisions of the North American Free Trade Agreement Implementation Act, which went into effect when signed on December 8, 1993. The changes involve the time period that Customs must retain goods seized for certain intellectual property violations before the goods can be sold. EFFECTIVE DATE: November 10, 1994. FOR FURTHER INFORMATION CONTACT: George F. McCray, Intellectual Property Rights Branch, at 202-482-6960. SUPPLEMENTARY INFORMATION: Background The Customs Modernization provisions contained in Title VI of the North American Free Trade Agreement Implementation Act of 1993, Public Law 103-182, 107 Stat. 2057 (the NAFTA Act), went into effect when the NAFTA Act was signed on December 8, 1993 (section 692 of the NAFTA Act). One of the changes effected by this legislation was an amendment to 19 U.S.C. 1526(e)(3), which involves the time period for retention of goods seized by Customs for certain intellectual property rights violations. Section 663 of the NAFTA Act amended 19 U.S.C. 1526(e)(3) to allow Customs to sell merchandise bearing a counterfeit trademark at a public auction 90 days after the forfeiture of the merchandise if Customs has determined that a need for the merchandise has not been established by any federal, state, or local government or eleemosynary institution. Prior to this amendment, the statute had required Customs to wait more than one year before the sale of the merchandise by appropriate Customs officers. As a result of the changes in 19 U.S.C. 526(e)(3), corresponding changes are required in the Customs Regulations, in Sec. 133.52(c)(3) (19 CFR 133.52(c)(3)). Discussion of Changes In 19 CFR 133.52(c)(3), the time period is changed from ``one year'' to ``90 days,'' and the entity responsible for the sale is changed from ``the Commissioner or his designee'' to ``the Customs Service.'' Inapplicability of Public Notice and Comment Requirements, Delayed Effective Date Reguirements, the Regulatory Flexibility Act, and Executive Order 12866 Inasmuch as these amendments merely conform the Customs Regulations to existing law, pursuant to 5 U.S.C.(a)(2) and (b)(3)(B), good cause exists for dispensing with notice and public procedure thereon as unnecessary. For the same reason, good cause exists for dispensing with the requirement for a delayed effective date, under 5 U.S.C. (a)(2) and (d)(3). Since this document is not subject to the notice and public procedure requirements of 5 U.S.C. 553, it is not subject to the provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). This amendment does not meet the criteria for a ``significant regulatory action'' as specified in Executive Order 12866. Drafting Information The principal author of this document was Janet L. Johnson, Regulations Branch. However, personnel from other offices participated in its development. List of Subjects in 19 CFR Part 133 Copyright, Customs duties and inspection, Imports, Reporting and recordkeeping requirements, Trade names, Trademarks. Amendments to the Regulations Part 133 of the Customs Regulations (19 CFR Part 133) is amended as set forth below: PART 133--TRADEMARK, TRADE NAMES AND COPYRIGHTS 1. The general authority citation for Part 133 continues to read and specific authority for Sec. 133.52 is added to read as follows: Authority: 17 U.S.C. 101, 601, 602, 603; 19 U.S.C. 66, 1624; 31 U.S.C. 9701. * * * * * Section 133.52 also issued under 19 U.S.C. 1526; * * * * * Sec. 133.52 [Amended] 2. Section 133.52(c)(3) is amended by removing the words ``1 year'' in the first sentence and adding in their place ``90 days''; and removing the words ``Commissioner or his designee'' wherever they appear and adding in their place the words ``Customs Service''. George J. Weise, Commissioner of Customs. Approved: October 24, 1994. Dennis M. O'Connell, Acting Deputy Assistant Secretary of the Treasury. [FR Doc. 94-27906 Filed 11-9-94; 8:45 am] BILLING CODE 4820-02-P --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A94-27906. Public record. Not legal advice.