(a) Regulations. The Secretary of the Treasury and the United States
Postal Service shall separately or jointly issue regulations for the
enforcement of the rights set forth in section 1308 with respect to
importation. Such regulations may require, as a condition for the
exclusion of articles from the United States, that the person seeking
exclusion take any one or more of the following actions:
(1) Obtain a court order enjoining, or an order of the International
Trade Commission under section 337 of the Tariff Act of 1930 excluding,
importation of the articles.
(2) Furnish proof that the design involved is protected under this
chapter and that the importation of the articles would infringe the
rights in the design under this chapter.
(3) Post a surety bond for any injury that may result if the detention
or exclusion of the articles proves to be unjustified.
(b) Seizure and Forfeiture. Articles imported in violation of the rights
set forth in section 1308 are subject to seizure and forfeiture in the
same manner as property imported in violation of the customs laws. Any
such forfeited articles shall be destroyed as directed by the Secretary
of the Treasury or the court, as the case may be, except that the
articles may be returned to the country of export whenever it is shown
to the satisfaction of the Secretary of the Treasury that the importer
had no reasonable grounds for believing that his or her acts constituted
a violation of the law.