133.51—Relief from forfeiture or liquidated damages.
(a) Petition for relief.
The importer may petition in accordance with parts 171 and 172 of this chapter for relief from, or cancellation of, a forfeiture incurred for violation of the trademark or copyright laws, or a claim for liquidated damages for failure to redeliver released merchandise incurred under the provisions of § 133.24 or § 133.46.
(b) Conditioned relief.
In appropriate cases, except for articles bearing a counterfeit trademark, relief from a forfeiture may be granted pursuant to a petition for relief upon the following conditions and such other conditions as may be specified by the appropriate Customs authority:
(1)
The unlawfully imported or prohibited articles are exported or destroyed under Customs supervision and at no expense to the Government;
(2)
All offending trademarks or trade names are removed or obliterated prior to release of the articles:
(3)
In the case of books or periodicals manufactured abroad contrary to the terms of the “American manufacturing clause” of the Copyright Act of 1976 (17 U.S.C. 602, 603 ):
(i)
Satisfactory evidence is submitted that a statement of abandonment has been filed and recorded in the Copyright Office by the copyright owner in accordance with the procedures of the Copyright Office; and
(ii)
The notice of copyright is completely obliterated prior to release of the books or periodicals.