§ 603. — Importation prohibitions: Enforcement and disposition of excluded articles.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 17USC603]
TITLE 17--COPYRIGHTS
CHAPTER 6--MANUFACTURING REQUIREMENTS AND IMPORTATION
Sec. 603. Importation prohibitions: Enforcement and disposition
of excluded articles
(a) The Secretary of the Treasury and the United States Postal
Service shall separately or jointly make regulations for the enforcement
of the provisions of this title prohibiting importation.
(b) These regulations may require, as a condition for the exclusion
of articles under section 602--
(1) that the person seeking exclusion obtain a court order
enjoining importation of the articles; or
(2) that the person seeking exclusion furnish proof, of a
specified nature and in accordance with prescribed procedures, that
the copyright in which such person claims an interest is valid and
that the importation would violate the prohibition in section 602;
the person seeking exclusion may also be required to post a surety
bond for any injury that may result if the detention or exclusion of
the articles proves to be unjustified.
(c) Articles imported in violation of the importation prohibitions
of this title are subject to seizure and forfeiture in the same manner
as property imported in violation of the customs revenue laws. Forfeited
articles shall be destroyed as directed by the Secretary of the Treasury
or the court, as the case may be.
(Pub. L. 94-553, title I, Sec. 101, Oct. 19, 1976, 90 Stat. 2590; Pub.
L. 104-153, Sec. 8, July 2, 1996, 110 Stat. 1388.)
Historical and Revision Notes
house report no. 94-1476
The importation prohibitions of both sections 601 and 602 would be
enforced under section 603, which is similar to section 109 of the
statute now in effect [section 109 of former title 17]. Subsection (a)
would authorize the Secretary of the Treasury and the United States
Postal Service to make regulations for this purpose, and subsection (c)
provides for the disposition of excluded articles.
Subsection (b) of section 603 deals only with the prohibition
against importation of ``piratical'' copies or phonorecords, and is
aimed at solving problems that have arisen under the present statute.
Since the United States Customs Service is often in no position to make
determinations as to whether particular articles are ``piratical,''
section 603(b) would permit the Customs regulations to require the
person seeking exclusion either to obtain a court order enjoining
importation, or to furnish proof of his claim and to post bond.
References in Text
The customs revenue laws, referred to in subsec. (c), are classified
generally to Title 19, Customs Duties.
Amendments
1996--Subsec. (c). Pub. L. 104-153 substituted a period at end for
``; however, the articles may be returned to the country of export
whenever it is shown to the satisfaction of the Secretary of the
Treasury that the importer had no reasonable grounds for believing that
his or her acts constituted a violation of law.''
