---
kind: "section"
citation: "19 U.S.C. § 4349"
title: "19"
title_heading: "Customs Duties"
number: "4349"
heading: "Report on intellectual property rights enforcement"
release: "119-102"
url: "https://uscodex.org/usc/19/4349"
units:
  - "Chapter 28 — Trade Facilitation and Trade Enforcement"
  - "Subchapter III — Import-Related Protection of Intellectual Property Rights"
---

# §4349. Report on intellectual property rights enforcement


Not later than September 30, 2016, and annually thereafter, the [Commissioner](/usc/19/4301.md?p=3) and the Director of U.S. Immigration and Customs Enforcement shall jointly submit to the [Committee](/usc/19/2601.md?p=3) on Finance of the Senate, the [Committee](/usc/19/2601.md?p=3) on Ways and Means of the House of Representatives, the [Committee](/usc/19/2601.md?p=3) on Homeland Security and Governmental Affairs of the Senate, and the [Committee](/usc/19/2601.md?p=3) on Homeland Security of the House of Representatives a report that contains the following:

- (1) With respect to the enforcement of [intellectual property rights](/usc/19/4341.md), the following:
  - (A) The number of referrals, during the preceding year, from U.S. Customs and Border Protection to U.S. Immigration and Customs Enforcement relating to infringement of [intellectual property rights](/usc/19/4341.md).
  - (B) The number of investigations relating to the infringement of [intellectual property rights](/usc/19/4341.md) referred by U.S. Immigration and Customs Enforcement to a United States attorney for prosecution and the United States attorneys to which those investigations were referred.
  - (C) The number of such investigations accepted by each such United States attorney and the status or outcome of each such investigation.
  - (D) The number of such investigations that resulted in the imposition of civil or criminal penalties.
  - (E) A description of the efforts of U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement to improve the success rates of investigations and prosecutions relating to the infringement of [intellectual property rights](/usc/19/4341.md).
- (2) An estimate of the average time required by the Office of Trade established under [section 2084 of this title](/usc/19/2084.md) to respond to a request from port personnel for advice with respect to whether merchandise detained by U.S. Customs and Border Protection infringed [intellectual property rights](/usc/19/4341.md), distinguished by types of [intellectual property rights](/usc/19/4341.md) infringed.
- (3) A summary of the outreach efforts of U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement with respect to—
  - (A) the interdiction and investigation of, and the sharing of information between those agencies and other Federal agencies to prevent, the infringement of [intellectual property rights](/usc/19/4341.md);
  - (B) collaboration with [private sector entities](/usc/19/4301.md?p=5)—
    - (i) to identify trends in the infringement of, and technologies that infringe, [intellectual property rights](/usc/19/4341.md);
    - (ii) to identify opportunities for enhanced training of officers of U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement; and
    - (iii) to develop best practices to enforce [intellectual property rights](/usc/19/4341.md); and
  - (C) coordination with foreign governments and international organizations with respect to the enforcement of [intellectual property rights](/usc/19/4341.md).
- (4) A summary of the efforts of U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement to address the challenges with respect to the enforcement of [intellectual property rights](/usc/19/4341.md) presented by Internet commerce and the transit of small packages and an identification of the volume, value, and type of merchandise seized for infringing [intellectual property rights](/usc/19/4341.md) as a result of such efforts.
- (5) A summary of training relating to the enforcement of [intellectual property rights](/usc/19/4341.md) conducted under [section 4347 of this title](/usc/19/4347.md) and expenditures for such training.

## Source credit

(Pub. L. 114–125, title III, § 310, Feb. 24, 2016, 130 Stat. 153.)