Estados Unidos de América
Observancia de los derechos de propiedad intelectual
5. Please explain the specific procedure, if any, to be applied to the goods which are not evident whether or not they infringe intellectual property rights, in Article 55 of the TRIPS Agreement.
We assume that the question refers to procedures involving infringement of rights other than trademarks and copyrights, since these procedures are the basis for earlier questions. Customs does not have independent authority to detain goods that infringe patents, industrial designs, or trade secrets. The US International Trade Commission has authority under section 337 of the Tariff Act of 1930 to order the Customs Service to deny entry to goods the USITC determines are infringing such rights.