; or (B) if the merchandise is not unsafe or a hazard to health, and the Secretary has the consent of the owner of the mark or copyright being infringed, the Secretary may obliterate the mark where feasible and dispose of the merchandise— (i) by delivery to such Federal, State, and local government agencies as in the opinion of the Secretary have a need for such merchandise; (ii) by gift to such eleemosynary institutions as in the opinion of the Secretary have a need for such merchandise; or (iii) more than 90 days after the date of forfeiture, by sale by U.S. Customs and Border Protection at public auction under such regulations as the Secretary prescribes, except that before making any such sale the Secretary shall determine that no Federal, State, or local government agency or eleemosynary institution has established a need for such merchandise under clause (i) or (ii). (5) Definition In this subsection: (A) Counterfeit mark The term counterfeit mark means a mark that is counterfeit within the meaning of section 45 of the Lanham Act ( 15 U.S.C. 1127 ). (B) Lanham Act The term Lanham Act means the Act entitled An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes , approved July 5, 1946 (commonly known as the Trademark Act of 1946 or the Lanham Act ) ( 15 U.S.C. 1051 et seq. ). (C) Mark The term mark has the meaning given that term in section 45 of the Lanham Act ( 15 U.S.C. 1127 ). . (b) Expansion of liability for importing merchandise bearing a counterfeit mark or infringing a copyright Section 526(f) of the Tariff Act of 1930 ( 19 U.S.C. 1526(f) ) is amended— (1) in paragraph (1)— (A) by striking assists and inserting or assists, ; and (B) by striking the importation and all that follows through subsection (e) and inserting any importation or exportation of merchandise in violation of subsection (e)