---
kind: "section"
citation: "19 C.F.R. § 133.51"
title: "19"
number: "133.51"
heading: "Relief from forfeiture or liquidated damages."
url: "https://uscodex.org/cfr/19/133.51"
---

# §133.51. Relief from forfeiture or liquidated damages.

- (a) **Petition for relief.** The importer may petition in accordance with parts [171](/cfr/19/part171.md) and [172](/cfr/19/part172.md) of this chapter for relief from, or cancellation of, a forfeiture incurred for violation of the trademark or copyright laws, including the DMCA, or a claim for liquidated damages for failure to redeliver released merchandise incurred under the provisions of [§ 133.24](/cfr/19/133.24.md), [§ 133.46](/cfr/19/133.46.md), or [§ 133.48](/cfr/19/133.48.md).
- (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](/usc/17/602.md), [603](/usc/17/603.md)):
    - (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.**

## Notes

### Amendments

[T.D. 72-266, 37 FR 20678, Oct. 3, 1972, as amended by T.D. 79-159, 44 FR 31968, June 4, 1979; T.D. 87-40, 52 FR 9476, Mar. 25, 1987; CBP Dec. 24-03, 89 FR 52378, June 24, 2024]

### Source

Source: T.D. 72-266, 37 FR 20678, Oct. 3, 1972, unless otherwise noted. Redesignated by CBP Dec. 24-03, 89 FR 52376, June 24, 2024.

### Authority

Authority: 15 U.S.C. 1124, 1125, 1127; 17 U.S.C. 101, 104, 106, 601, 602, 603; 18 U.S.C. 1905; 19 U.S.C. 66, 1202, 1499, 1526, 1595a, 1623, 1624, 1628a; 31 U.S.C. 9701. Section 133.47 also issued under 17 U.S.C. 1201. Section 133.61 also issued under Sec. 308(d), Pub. L. 114-125; Sec. 507, Pub. L. 108-90; Sec. 2, Pub. L. 114-279.

### Source

Source: T.D. 72-266, 37 FR 20678, Oct. 3, 1972, unless otherwise noted.

### Amendments

[T.D. 72-266, 37 FR 20678, Oct. 3, 1972, as amended by T.D. 79-159, 44 FR 31968, June 4, 1979; T.D. 87-40, 52 FR 9476, Mar. 25, 1987; CBP Dec. 24-03, 89 FR 52378, June 24, 2024]