; and (B) the merchandise is— (i) a controlled substance, as defined in section 102 of the Controlled Substances Act ( 21 U.S.C. 802 ), in schedule III, IV, or V under section 202 of that Act ( 21 U.S.C. 812 ), imported or exported contrary to law and seized under subsection (c)(1)(B) or (d); (ii) merchandise— (I) that is— (aa) subject to any restriction or prohibition on its importation under section 536 or 801 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360mm and 381); and (bb) is not in compliance, as applicable, with the Federal Food and Drug Cosmetic Act ( 21 U.S.C. 301 et seq. ) or section 351 or 361 of the Public Health Service Act (42 U.S.C. 262 and 264); and (II) seized under subsection (c)(2)(A) or (d); or (iii) merchandise that— (I) (aa) bears a counterfeit mark or otherwise infringes a copyright; or (bb) is capable of circumventing technological measures for protection of a copyright; and (II) is seized under subparagraph (C) or (G) of subsection (c)(2) or subsection (d). (3) Notice In any case in which merchandise is summarily forfeited pursuant to this subsection, U.S. Customs and Border Protection shall notify the carrier of the merchandise in such form and manner as the Secretary shall prescribe by regulation, which may include communication through an authorized electronic data interchange system. (4) Rule of construction Nothing in this subsection may be construed to affect the discretion of the Commissioner to impose a penalty as provided by law instead of using the authority provided by paragraph (1). ; and (2) in the section heading, by inserting and exportation after importation . (b) Vessels, vehicles, and aircraft used To transport merchandise illegally Section 607 of the Tariff Act of 1930 ( 19 U.S.C. 1607 ) is amended— (1) in subsection (a), in the flush text following paragraph (4), by inserting subject to subsection (d), before the appropriate customs officer