Question 33
Domain 5: Penalties, Liquidation, and Post-EntryWhich ONE of the following is subject to mandatory seizure under 19 USC 1595a(c)?
Correct answer: A
Explanation
19 USC 1595a(c) requires seizure of merchandise that is “stolen, smuggled, or clandestinely imported or introduced.” That language makes such goods subject to mandatory seizure because they were brought in unlawfully, not merely improperly documented.
Why each option is right or wrong
A. Merchandise that is stolen, smuggled, or clandestinely imported or introduced.
19 U.S.C. § 1595a(c)(1) directs CBP to seize merchandise that is stolen, smuggled, or clandestinely imported or introduced, and the statute makes forfeiture mandatory once that condition is met. The provision is aimed at goods brought in outside lawful entry procedures, so the seizure is not discretionary the way many other customs violations are.
B. Merchandise in which copyright, trademark, or trade name protection violations are involved.
Copyright, trademark, and trade name violations are separate intellectual-property enforcement issues.
C. Merchandise marked intentionally in violation of 19 USC 1304.
19 USC 1304 concerns country-of-origin marking violations, not mandatory seizure under 1595a(c).
D. Merchandise that requires a license to import and is not accomplanied by such license.
Missing an import license is a licensing compliance issue, not the 1595a(c) seizure category.