ow requesting to see samples of the imported merchandise which match the description “Babylone” and “Montsouris GM”.

HQ 585716a May 3, 1999 DIS-3 RR:IT:DL 585716a DLD Peter S. Herrick, Esq. Attorney at Law 3520 Crystal View Court Miami, FL 33131 Dear Mr. Herrick: This is in reply to your letter of February 8, 1999, regarding the penalty case of your client, Ann’s Trading Company. You had previously requested and obtained through the Freedom of Information Act (FOIA) the Louis Vuitton price list and pictures used by Customs in determining the copyright/trademark violation and amount of penalty. You are now requesting to see samples of the imported merchandise which match the description “Babylone” and “Montsouris GM”. The FOIA provides for the disclosure or release of records and documents in response to requests. You have requested to see samples of imported merchandise, i.e., possible evidence in your client’s penalty action. As these samples are neither records nor documents, they do not fall within the purview or ambit of the FOIA and therefore are not subject to any determination of disclosure. Accordingly, if you or your client wishes to see samples of the subject merchandise, it will be incumbent upon you to contact the appropriate Fines, Penalties, and Forfeiture Officer, Port Director, or Special Agent in Charge having custody of the subject merchandise and express your desire to view it. This is not an FOIA issue and FOIA is not the proper venue for you to pursue to see the seized merchandise. Sincerely, Lee H. Kramer, FOIA Appeals Officer Disclosure Law Branch