When CBP detains a shipment on suspicion that it infringes a recorded copyright, the importer may obtain conditional release while the copyright question is adjudicated by posting an Activity Code 8 bond. The bond protects the copyright owner against losses that would result if the goods are released and later found to infringe.
The conditions are at 19 CFR § 113.70, and the underlying procedure is in 19 CFR Part 133.
Who must post it
- Importers whose merchandise has been detained under CBP's copyright enforcement procedures and who contest the infringement claim.
What the bond guarantees
- Payment to the copyright owner of any loss resulting from release of the merchandise, up to the penal sum, if infringement is established.
- Compliance with CBP's conditions of release and any redelivery demand.
How CBP sizes it
- Single transaction only.
- The amount is set by the port director, generally by reference to the value of the detained merchandise.
Practitioner notes
- The bond is posted by the importer; the rights owner's corresponding instrument is the Activity Code 15 IPR sample bond.
- Detention timelines under Part 133 are short; engage counsel and the surety together so that the bond does not become the bottleneck.
Frequently asked questions
Who is protected by the Activity Code 8 bond?
The copyright owner, against losses caused by release of goods later found to infringe.
Can this bond be continuous?
No. It is single transaction only.
Does posting the bond concede infringement?
No. It secures conditional release while the question is decided.
Primary sources
