United States v. 10,510 Packaged Computer Towers

ORDER ON CROSS-MOTIONS FOR SUMMARY JUDGMENT

This is an in rem seizure and forfeiture case, which is now before the court on cross-motions for summary judgment. It concerns the disposition of 10,510 packaged computer towers, imported from Taiwan and seized at the Port of Oakland, bearing certification marks registered to United Laboratories. The parties — the U.S. Customs Service (the “government”) and Antee, Inc. (“Antee” or “claimant”)— have stipulated to the essential facts of the case. The case is therefore now one of statutory construction. The statute at issue, 19 U.S.C. section 1526 , governs the government’s rights and duties in seizing imported merchandise bearing counterfeit marks.

Having considered the moving and opposing papers, the record, the arguments of counsel, and the applicable law, the court now issues the following order and directs judgment thereon.

I.

The United States Customs Service administratively seized several shipments of packaged computer towers between November 18, 1998 and February 1, 1999 as they came into the Port of Oakland. Claimant Antee was importing the towers from Taiwan. A computer tower is basically the shell of a computer, without the…