Anticounterfeiting Consumer Protection Act of 1996
PL 104-153 (S.1136), enacted 07/02/1996

110 STAT. 1386 
PUBLIC LAW 104-153—JULY 2, 1996 
July 2, 1996 
[S. 1136] 
Anticounterfeit-
ing Consumer 
Protection Act of 
1996. 
Law enforcement 
and crime. 
18 use 2311 
note. 
18 use 2311 
note. 
Public Law 104-153 
104th Congress 
An Act 
To control and prevent commercial counterfeiting, and for other purposes. 
Be it enacted by the Senate and House of Representatives 
of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the "Anticounterfeiting Consumer 
Protection Act of 1996". 
SEC. 2. FINDINGS. 
The counterfeiting of trademarked and copyrighted merchan-
dise— 
(1) has been connected with organized crime; 
(2) deprives legitimate trademark and copyright owners 
of substantial revenues and consumer goodwill; 
(3) poses health and safety threats to United States 
consumers; 
(4) eliminates United States jobs; and 
(5) is a multibillion-doUar drain on the United States econ-
omy. 
SEC. 3. COUNTERFEITING AS RACKETEERING. 
Section 1961(1)(B) of title 18, United States Code, is amended 
by inserting ", section 2318 (relating to trafficking in counterfeit 
labels for phonorecords, computer programs or computer program 
documentation or packaging and copies of motion pictures or other 
audiovisual works), section 2319 (relating to criminal infringement 
of a copyright), section 2319A (relating to unauthorized fixation 
of and trafficking in sound recordings and music videos of live 
musical performances), section 2320 (relating to trafficking in goods 
or services bearing counterfeit meirks)" after "sections 2314 and 
2315 (relating to interstate transportation of stolen property)". 
SEC. 4. APPLICATION TO COMPUTER PROGRAMS, COMPUTER PRO-
GRAM DOCUMENTATION, OR PACKAGING. 
(a) IN GENERAL.—Section 2318 of title 18, United States Code, 
is amended— 
(1) in subsection (a), by striking "a motion picture or other 
audiovisual work," and inserting "a computer program or docu-
mentation or packaging for a computer program, or a copy 
of a motion picture or other audiovisual work, and whoever, 
in any of the circumstances described in subsection (c) of this 
section, knowingly traffics in counterfeit documentation or pack-
aging for a computer program,"; 
PUBLIC LAW 104-153-JULY 2, 1996 
110 STAT. 1387 
(2) in subsection (b)(3) by inserting " 'computer program'," 
£ifter " 'motion picture',"; and 
(3) in subsection (c)— 
(A) by striking "or" at the end of paragraph (2); 
(B) in paragraph (3)— 
(i) by inserting "a copy of a copyrighted computer 
program or cop3ndghted documentation or packaging 
for a computer program," after "enclose,"; and 
(ii) by striking the period at the end and inserting 
"; or"; and 
(C) by adding after paragraph (3) the following: 
"(4) the counterfeited documentation or packaging for a 
computer program is copyrighted.". 
(b) CONFORMING AMENDMENTS.—(1) The section caption for sec-
tion 2318 of title 18, United States Code, is amended to read 
as follows: 
'^§2318. Trafficking in counterfeit labels for phonorecords, 
copies of computer programs or computer pro-
gram documentation or packaging, and copies 
of motion pictures or other audio visual works, 
and trafficking in counterfeit computer program 
documentation or packaging". 
(2) The item relating to section 2318 in the table of sections 
for chapter 113 of such title is amended to read as follows: 
"2318. Trafficking in counterfeit labels for phonorecords, copies of computer pro-
grams or computer program documentation or packaging, and copies of 
motion pictures or other audio visual works, and trainc^ng in counter-
feit computer program documentation or packaging.". 
SEC. 5. TRAFFICKING IN COUNTERFEIT GOODS OR SERVICES. 
Section 2320 of title 18, United States Code, is amended by 
adding at the end the following: 
"(e) Beginning with the first year after the date of enactment Reports. 
of this subsection, the Attorney General shall include in the report 
of the Attorney General to Congress on the business of the Depsirt-
ment of Justice prepared pursuant to section 522 of title 28, an 
accounting, on a district by district basis, of the following with 
respect to all actions taken by the Department of Justice that 
involve trafficking in counterfeit labels for phonorecords, copies 
of computer programs or computer program documentation or pack-
aging, copies of motion pictures or other audiovisual works (as 
defined in section 2318 of title 18), criminal infringement of copy-
rights (as defined in section 2319 of title 18), unauthorized fixation 
of and trafficking in sound recordings and music videos of live 
musical performances (as defined in section 2319A of title 18), 
or trafficking in goods or services bearing counterfeit marks (as 
defined in section 2320 of title 18): 
"(1) The number of open investigations. 
"(2) The number of cases referred by the United States 
Customs Service. 
"(3) The number of cases referred by other agencies or 
sources. 
"(4) The number and outcome, including settlements, sen-
tences, recoveries, and penalties, of all prosecutions brought 
under sections 2318, 2319, 2319A, and 2320 of title 18.". 
110 STAT. 1388 
PUBLIC LAW 104-153-^ULY 2, 1996 
SEC. 6. SEIZURE OF COUNTERFEIT GOODS. 
Section 34(d)(9) of the Act of July 5, 1946 (60 Stat. 427, chapter 
540; 15 U.S.C. 1116(d)(9)), is amended by striking the first sentence 
Courts. 
and inserting the following: "The court shall order that service 
of a copy of the order under this subsection shall be made by 
a Federal law enforcement officer (such as a United States marshal 
or an officer or agent of the United States Customs Service, Secret 
Service, Federal Bureau of Investigation, or Post Office) or may 
be made by a State or local law enforcement officer, who, upon 
making service, shall carry out the seizure under the order,". 
SEC. 7. RECOVERY FOR VIOLATION OF RIGHTS. 
Section 35 of the Act of July 5, 1946 (60 Stat. 427, chapter 
540; 15 U.S.C. 1117), is amended by adding at the end the following 
new subsection: 
"(c) In a case involving the use of a counterfeit mark (as 
defined in section 34(d) (15 U.S.C. 1116(d)) in connection with 
the sale, offering for sale, or distribution of goods or services, 
the plaintiff may elect, at any time before final judgment is rendered 
by the trial court, to recover, instead of actual damages and profits 
under subsection (a), an award of statutory damages for any such 
use in connection with the sale, offering for sale, or distribution 
of goods or services in the amount of— 
"(1) not less than $500 or more than $100,000 per counter-
feit mark per tj^e of goods or services sold, offered for sale, 
or distributed, as the court considers just; or 
"(2) if the court finds that the use of the counterfeit meirk 
was willful, not more than $1,000,000 per counterfeit mark 
per type of goods or services sold, offered for sale, or distributed, 
as the court considers just.". 
SEC. 8. DISPOSITION OF EXCLUDED ARTICLES. 
Section 603(c) of title 17, United States Code, is amended 
in the second sentence by striking "as the case may be;" and 
all that follows through the end and inserting "as the case may 
be.". 
SEC. 9. DISPOSITION OF MERCHANDISE BEARING AMERICAN TRADE-
MARK. 
Section 526(e) of the Tariff Act of 1930 (19 U.S.C. 1526(e)) 
is amended— 
(1) in the second sentence, by inserting "destroy the mer-
chandise. Alternatively, if the merchandise is not unsafe or 
a hazard to health, and the Secret£iry has the consent of the 
trademark owner, the Secretary raay" after "shall, after forfeit-
ure,"; 
(2) by inserting "or" at the end of paragraph (2); 
(3) by striking ", or" at the end of paragraph (3) smd 
inserting a period; and 
(4) by striking peiragraph (4). 
SEC. 10. CIVIL PENALTIES. 
Section 526 of the Tariff Act of 1930 (19 U.S.C. 1526) is amend-
ed by adding at the end the following new subsection: 
"(f) CIVIL PENALTIES.—(1) Any person who directs, assists finan-
cially or otherwise, or aids and abets the importation of merchandise 
for sale or public distribution that is seized under subsection (e) 
shall be subject to a civil fine. 
PUBLIC LAW 104-153-JULY 2, 1996 
110 STAT. 1389 
"(2) For the first such seizure, the fine shall be not more 
than the value that the merchandise would have had if it were 
genuine, according to the manufacturer's suggested retail price, 
determined under regulations promulgated by the Secretary. 
"(3) For the second seizure and thereafter, the fine shall be 
not more than twice the value that the merchandise would have 
had if it were genuine, as determined under regulations promul-
gated by the Secretary. 
"(4) The imposition of a fine under this subsection shall be 
within the discretion of the Customs Service, and shall be in addi-
tion to any other civil or criminal penalty or other remedy author-
ized by law.". 
SEC. 11. PUBLIC DISCLOSURE OF AIRCRAFT MANIFESTS. 
Section 431(c)(1) of the Tariff Act of 1930 (19 U.S.C. 1431(c)(1)) 
is amended— 
(1) in the matter preceding subparagraph (A), by inserting 
"vessel or aircraft" before "manifest"; 
(2) by amending subparagraph (D) to read as follows: 
"(D) The name of the vessel, aircraft, or carrier."; 
(3) by amending subparagraph (E) to read as follows: 
"(E) The seaport or airport of loading."; 
(4) by amending subparagraph (F) to read as follows: 
"(F) The seaport or airport of discharge."; and 
(5) by adding after subparagraph (G) the following new 
subparagraph: 
"(H) The trademarks appearing on the goods or packages.". 
SEC. 12. CUSTOMS ENTRY DOCUMENTATION. 
Section 484(d) of the Tariff Act of 1930 (19 U.S.C. 1484(d)) 
is amended— 
(1) by striking "Entries" and inserting "(1) Entries"; and 
(2) by adding at the end the following new paragraph: 
"(2) The Secretary, in prescribing regulations governing the 
content of entry documentation, shall require that entry documenta-
tion contain such information as may be necessary to determine 
whether the imported merchandise bears an infringing trademark 
in violation of section 42 of the Act of July 5, 1946 (commonly 
referred to as the 'Trademark Act of 1946'; 15 U.S.C. 1124), or 
any other applicable law, including a trademark appearing on the 
goods or packaging.". 
SEC. 13. UNLAWFUL USE OF VESSELS, VEfflCLES, AND AIRCRAFT IN 
AID OF COMMERCIAL COUNTERFEITING. 
Section 80302(a) of title 49, United States Code, is amended— 
(1) by striking "or" at the end of paragraph (4); 
(2) by striking the period at the end of paragraph (5) 
and inserting "; or"; and 
(3) by adding at the end the following new paragraph: 
"(6)(A) a counterfeit label for a phonorecord, copy of a 
computer program or computer program documentation or pack-
aging, or copy of a motion picture or other audiovisual work 
(as defined in section 2318 of title 18); 
"(B) a phonorecord or copy in violation of section 2319 
of title 18; 
"(C) a fixation of a sound recording or music video of 
a live musical performance in violation of section 2319A of 
title 18; or 
110 STAT. 1390 
PUBLIC LAW 104-153—JULY 2, 1996 
"(D) any good bearing a counterfeit mark (as defined in 
section 2320 of 
title 18).". 
19 use 1431 
SEC. 14. REGULATIONS. 
Not later than 6 months after the date of the enactment of 
this Act, the Secretary of the Treasury shall prescribe such regula-
tions or amendments to existing regulations that may be necessary 
to carry out the amendments made by sections 9, 10, 11, 12, 
and 13 of this Act. 
Approved July 2, 1996. 
LEGISLATIVE HISTORY—S. 1136 (H.R. 2511): 
HOUSE REPORTS: No. 104-556 accompanying H.R. 2511 (Comm. on the 
Judiciary). 
SENATE REPORTS: No. 104-177 (Comm. on the Judiciary). 
CONGRESSIONAL RECORD: 
Vol. 141 (1995): Dec. 13, considered and passed Senate. 
Vol. 142 (1996): June 4, H.R. 2511 considered and passed House; S. 1136, 
amended, passed in lieu. 
June 14, Senate concurred in House amendment.