Unión Europea
Estados Unidos de América
Observancia de los derechos de propiedad intelectual
6. Please explain how the procedures for Ex Officio Action in relation to border measures comply with the requirements of Article 55 of the TRIPS Agreement, which are incorporated by reference in Article 58.
Section 1499 of title 19, United States Code, requires the US Customs Service to determine within five days (excluding weekends and holidays) whether merchandise presented for examination will be released or detained. Customs must issue a notice of detention no later than five days after the decision to detain merchandise. Customs must make a final determination on the admissibility of detained merchandise within 30 days of the date on which the merchandise was presented for examination. Failure to decide within that period is treated as a decision to exclude the merchandise, against which the importer may file a protest.