CBP Receives Lever-Rule Protection Application on Gray Market Fidia Products
In the June 22 issue of the Customs Bulletin (Vol. 50, No. 25) (here), CBP issued a notice on its receipt of a "Lever-Rule" protection application from Fidia for "certain pharmaceutical preparations for treatment of bone joint disorders that bear…
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the following Fidia trademark: 'HYALGAN.'" Fidia would like CBP to stop importation of the company's pharmaceutical preparations intended for sale in countries outside the U.S., known as gray market products. CBP will grant such protection, which is known as Lever-Rule protection, if it finds the parts are physically and materially different from the products intended for sale in the U.S.