; (B) bears a counterfeit mark (within the meaning of section 45 of 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. 1127 )); or (C) is a controlled substance (as defined in section 102 of the Controlled Substances Act ( 21 U.S.C. 802 )) that is not imported in accordance with applicable law. (b) Development of regulations In developing the regulations required by subsection (a), the Secretary shall— (1) solicit comments from and consult with a broad range of parties that are likely to be affected by the regulations, including importers, exporters, carriers, customs brokers, and freight forwarders, among other interested parties; (2) ensure the protection of the privacy of proprietary information (within the meaning of section 777(b) of the Tariff Act of 1930 ( 19 U.S.C. 1677f(b) )), except for information shared, through the International Trade Data System established pursuant to section 411(d) of the Tariff Act of 1930 ( 19 U.S.C. 1411(d) ), with Federal agencies participating in that system; (3) to the extent practicable, avoid imposing requirements pursuant to those regulations that are redundant with each other or that are redundant with requirements under other provisions of law