I 
★
113TH CONGRESS 
1ST SESSION 
H. R. 22 
To provide for the exchange of information related to trade enforcement, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 3, 2013 
Mr. POE of Texas (for himself, Ms. LOFGREN, Mr. CHABOT, Mr. MCKEON, 
Mr. KEATING, Ms. LINDA T. SA´NCHEZ of California, and Mr. MCCAUL) 
introduced the following bill; which was referred to the Committee on the 
Judiciary 
A BILL 
To provide for the exchange of information related to trade 
enforcement, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Foreign Counterfeit 
Merchandise Prevention Act’’. 
SEC. 2. EXCHANGE OF INFORMATION RELATED TO TRADE 
ENFORCEMENT. 
Section 1905 of title 18, United States Code, is 
amended— 
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(1) by striking ‘‘Whoever’’ and inserting ‘‘(a) 
IN GENERAL.—Whoever’’; and 
(2) by adding at the end the following: 
‘‘(b) PROVISION
OF INFORMATION RELATING
TO 
MERCHANDISE PRESENTED TO CUSTOMS.—It shall not be 
a violation of this section for an officer or employee of 
U.S. Customs and Border Protection, upon detention and 
thereafter, to provide to the owner of a copyright or a reg-
istered mark, or to any person who may be injured by a 
violation of section 1201 of title 17— 
‘‘(1) any information appearing on the mer-
chandise, including its retail packaging, 
‘‘(2) a sample of the merchandise and its retail 
packaging, or 
‘‘(3) digital images of the merchandise and its 
retail packaging, 
as it was presented to U.S. Customs and Border Protec-
tion, without redaction, whether imported into or exported 
from the United States, or attempted to be exported from 
the United States, for purposes of determining whether 
the merchandise or its retail packaging infringes the copy-
right, bears or consists of a counterfeit mark of the reg-
istered mark, or is in violation of section 1201 of title 17, 
as the case may be. 
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‘‘(c) PROVISION
OF INFORMATION RELATING
TO 
SEIZED MERCHANDISE.—It shall not be a violation of this 
section for an officer or employee of U.S. Customs and 
Border Protection, after seizing merchandise pursuant to 
a determination that the merchandise is in violation of sec-
tion 1201 of title 17, to provide, to persons injured by 
the violation, information with respect to the merchandise, 
including, but not limited to, the following: 
‘‘(1) The date of importation. 
‘‘(2) The port of entry. 
‘‘(3) The description of the merchandise from 
the entry. 
‘‘(4) The quantity involved. 
‘‘(5) The country of origin of the merchandise. 
‘‘(6) The name and address of the foreign man-
ufacturer. 
‘‘(7) The name and address of the exporter. 
‘‘(8) The name and address of the importer. 
‘‘(9) Photographic or digital images of the mer-
chandise. 
‘‘(d) DEFINITIONS.—As used in this section— 
‘‘(1) the term ‘registered mark’ has the mean-
ing given that term in section 45 of the Lanham Act 
(15 U.S.C. 1127); 
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‘‘(2) the term ‘Lanham Act’ has the meaning 
given that term in section 2320(f) of this title; 
‘‘(3) the term ‘counterfeit mark’ has the mean-
ing given that term in section 2320(f) of this title; 
and 
‘‘(4) the term ‘without redaction’ means, with 
respect to merchandise, without removing, revising, 
or otherwise obscuring any information, codes, 
marks, numbers, or any other markings that appear 
on the merchandise or its retail packaging. 
‘‘(e) RULE OF CONSTRUCTION.—Subsections (b), (c), 
and (d) apply only with respect to tangible goods pre-
sented to U.S. Customs and Border Protection for impor-
tation into, or exportation from, the United States.’’. 
SEC. 3. PREVENTION OF IMPORTATION OF MANUFAC-
TURED GOODS BEARING INFRINGING MARKS. 
(a) IN GENERAL.—Section 42 of the Lanham Act (15 
U.S.C. 1124), is amended— 
(1) in the first sentence, by striking ‘‘Except 
as’’ and inserting ‘‘(a) IN GENERAL.—Except as’’; 
(2) by striking ‘‘of the Treasury’’ each place it 
appears and inserting ‘‘of Homeland Security’’; and 
(3) by adding at the end the following: 
‘‘(b) DETENTION
OF CRITICAL MERCHANDISE.— 
With respect to critical merchandise that bears a reg-
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istered trademark recorded under subsection (a), if U.S. 
Customs and Border Protection detains the merchandise 
because the merchandise is suspected of bearing a coun-
terfeit mark, then, upon such detention, the Secretary— 
‘‘(1) shall provide to the owner of the registered 
trademark any information on the critical merchan-
dise and its packaging and labels, including, without 
redaction, photographs or digital images of the crit-
ical merchandise, packaging, and labels; and 
‘‘(2) may, at any time, subject to any applicable 
bonding and return requirements, provide to the 
owner of the registered trademark samples of the 
critical merchandise, without redaction. 
‘‘(c) DEFINITIONS.—In this section: 
‘‘(1) CRITICAL MERCHANDISE.— 
‘‘(A) IN
GENERAL.—The term ‘critical 
merchandise’ includes— 
‘‘(i) aircraft engines, appliances, pro-
pellers, and spare parts; 
‘‘(ii) motor vehicle equipment; 
‘‘(iii) semiconductors; and 
‘‘(iv) any other article of manufacture 
that the Secretary determines could, if per-
mitted entry into the United States in vio-
lation of the laws of the United States pose 
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a danger to the health, safety, or welfare 
of consumers, or to the national security of 
the United States. 
‘‘(B) OTHER DEFINITIONS.—For purposes 
of subparagraph (A)— 
‘‘(i) the terms ‘aircraft engine’, ‘appli-
ance’, ‘propeller’, and ‘spare part’ have the 
meanings given those terms in section 
40102(a) of title 49, United States Code; 
‘‘(ii) the term ‘motor vehicle equip-
ment’ has the meaning given that term in 
section 30102(a) of title 49, United States 
Code; and 
‘‘(iii) the term ‘semiconductor’ means 
‘semiconductor chip product’ as defined in 
section 901 of title 17, United States 
Code. 
‘‘(2) SECRETARY.—The term ‘Secretary’ means 
the Secretary of Homeland Security. 
‘‘(3) WITHOUT REDACTION.—The term ‘without 
redaction’ means, with respect to merchandise, with-
out removing, revising, or otherwise obscuring any 
information, codes, marks, numbers, or any other 
markings that appear on the merchandise or its re-
tail packaging. 
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‘‘(d) RULE OF CONSTRUCTION.—This section applies 
only with respect to tangible goods presented to U.S. Cus-
toms and Border Protection for importation into the 
United States.’’. 
(b) DEFINITION.—In this section, the term ‘‘Lanham 
Act’’ means the Act entitled ‘‘An Act to provide for the 
registration and protection of trademarks used in com-
merce, to carry out the provisions of certain international 
conventions, and for other purposes’’, approved July 5, 
1946 (15 U.S.C. 1051 et seq.). 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall take effect upon the expiration of the 
60-day period beginning on the date of the enactment of 
this Act. 
Æ 
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