Which ONE of the following is subject to mandatory seizure under 19 USC 1595a(c)?
How to get there
19 CFR 162.23(a): Mandatory seizuresThe following, if introduced or attempted to be introduced into the United States contrary to law, shall be seized …: (1) Merchandise that is stolen, smuggled, or clandestinely imported or introduced; (2) A controlled substance … not imported in accordance with law; (3) A contraband article …; or (4) A plastic explosive … which does not contain a detection agent …
19 CFR 162.23(b): Permissive seizures (excerpt)The following … may be seized …: … (2) Merchandise … [requiring] a license, permit or other authorization …, and which is not accompanied by such license …; (3) Merchandise or packaging in which copyright, trademark or trade name protection violations are involved …; … (5) Merchandise marked intentionally in violation of 19 U.S.C. 1304; …
The answer is A.
Why the other choices are wrong
B) Copyright, trademark or trade name violations: permissive, § 162.23(b)(3).
C) Intentional marking violations: permissive, § 162.23(b)(5).
D) Missing required license: permissive, § 162.23(b)(2).
Tip
Mandatory four: stolen or smuggled goods, illegal drugs, contraband articles, untagged plastic explosives. Everything else in § 162.23 is “may.” Classification or value problems with no admissibility issue go under § 1592, not § 1595a(c) (§ 162.23(d)).
Source: 19 CFR 162.23 (eCFR).
CBP answer key: Answer A · 19 CFR 162.23(a)Source: CBP past exams ↗