Customs and Border Protection Trademark Letter Rulings: A Valuable and Underused Tool?

When Are Letter Rulings Available?

The Office of Regulations and Rulings (“ORR”) of CPB will provide a “full and careful consideration” of letter requests, in the form of written rulings on import-related questions posed by importers or interested parties on questions. For trademark owners, these questions typically relate to whether sample goods bear marks that violate the trademark rights of another party that are recorded with the CPB. 19 C.F.R. ” 177.1 – 177.13. If the item in question is already pending before a specific office by reason of arrival or entry, that office will deal with any questions, although local offices always have the authority to forward requests to the Headquarters in Washington, DC (in practice, these requests are delegated to the ORR). 19 C.F.R. ” 177.1(a)(2)(i), 177.11. Letter rulings are similarly unavailable for matters pending before the CBP, that are pending before most other courts. CBP, Requirements for Electronic Rulings, at www.cbp.gov/xp/cgov/trade/legal/rulings/eRulingRequirements.xml (updating and superseding 19 C.F.R. ' 177.7) or that relate to import transactions that have already been completed, 19 C.F.R. ' 177.1(a)(2)(ii). If a matter becomes “live” while a letter ruling is pending, the requesting party must immediately advise Customs and the local field office; the local office typically suspends action until the letter ruling is issued. 19 C.F.R. ' 177.5. Rulings are considered “published” once a decision is published in the Customs Bulletin. 19 C.F.R. ' 177.1(d)(1). Within 90 days of issuing the decision, CBP is required to publish its final decisions. Trademark decisions are effective immediately unless the ruling provides otherwise. 19 C.F.R. ' 177.10.