Customs Question

[hulkman]

So like a few others on here, I recently just had some packages seized by customs. I had imported these items a few times before with no problems and they even used to have tape on them saying that they were checked by customs.

DHL tried to deliver it but no one was home and then somehow this time customs got a hold of the packages after the attempted delivery. One of the items had a manufacturer logo on it (although it wasn't for resale) so that package was obviously gone.

My question is with the second package. Without saying what the item is exactly, could customs seize a phone part that does not have a logo on it? Would that be considered counterfeit or is it just considered a generic aftermarket part. For example, an iPhone screen that dos not have an apple logo or another phone part that does not have a logo on it, would that be considered counterfeit?

I got the seizure letter in the mail so I am wondering if I should write back to them explaining its a generic aftermarket item.

[dealagreeproceed]

1st time ever heard of such a thing. leave a note saying to leave it there if no1 answers

[BigCJ]

Yes they can.

If it looks like an Iphone without the apple logo thats close enough.

You need to STOP now.

Jeff, an experienced member here, had a post that stated customs can recall a package up until it arrives at your door.

They are known to go through laptop boxes and take out the batteries due to it having the design of a popular brand....

Customs will/can occasionally remove certain parts of items, legit or not.

[hulkman]

Originally Posted by BigCJ

Yes they can.

If it looks like an Iphone without the apple logo thats close enough.

You need to STOP now.

Jeff, an experienced member here, had a post that stated customs can recall a package up until it arrives at your door.

They are known to go through laptop boxes and take out the batteries due to it having the design of a popular brand....

Customs will/can occasionally remove certain parts of items, legit or not.

So 2 quick questions,

1.) It can recall it up until it arrives at my door. So if it arrives at my door and then it goes back because no one is home then I assume they can still look at it.

2.) Its not an iphone screen because that would be too obvious but its a housing of a not very popular phone. Although there are no logos or branding on it, they can still seize it?

My question is also, is it worth it to reply to the letter stating that its not that actual housing, instead its just a generic item.

[hulkman]

Originally Posted by dealagreeproceed

1st time ever heard of such a thing. leave a note saying to leave it there if no1 answers

Well would you use that address again? I wouldn't think its safe anymore. Also can DHL leave the package there just from seeing a handwritten note?

[bananaappeal]

don't use DHL for counterfeit/replica ****.

[jeffweico]

NEVER answer a customs seizure without talking to an attorney first. You could be opening yourself up for a lot of trouble, possibly including jail time.

Fighting a customs decision is EXPENSIVE. First, like I said, you will want professional legal advice. And if you talk to a lawyer and decide to pursue the matter, you will have to post a bond in order to do so. I am not sure what the amount of the bond is, but you can most likely find it on their website.

Customs CAN call DHL (or any other courier) at any time to recall a package. If they have not yet delivered it, they will bring it back and turn the package over to customs.

Obviously, there are certain items that are unquestionably counterfeit - like Disney DVD's from China, Box Sets of DVD's, Rolex watches, designer purses, etc. But there are also cases where the brand owners feel a generic product LOOKS too much like theirs, even if it does not have a logo on it or claim to be the manufacturer's product. Those are not necessarily counterfeit and their status COULD BE disputed. But that is best left to legal professionals.

In my personal opinion, I don't think brand owners should have the power to have items seized just because they believe it looks similar to theirs. How can one cell phone case not look similar to another cell phone case? But that is just my personal opinion which carries no legal weight.

Anytime you import anything, counterfeit or not, you are taking a risk. Those in power have been using overseas cheap labor to make a fortune for years and they don't want the little guys like you and I to cut in on their action. They would much rather be able to sell HDMI cables for $49.95 and not have to compete with the $3 cables on eBay. But that is just my personal take on the matter.

The bottom line here is that you can consider these items gone. Contact your seller and see if they will re-ship them. If they agree, have them shipped to a different address. Customs is always stricter during the Christmas season and you don't want to take the chance that your address has been flagged and is now in their system. It usually takes awhile before that happens, but you never know.

If your seller refuses to re-ship, then see if you can file a dispute where you bought the goods if it was someplace like AliExpress or DHGate. If you paid by credit card, a chargeback is always an option. If you paid by Western Union, or bought on a platform that does not offer any protection then you could simply be out the money you spent buying the items.

I really wish I could give you better news here, because from what you are telling us, it sounds like you didn't do anything wrong. Unfortunately, goods can be seized even when you have the best of intentions.

[hulkman]

Originally Posted by jeffweico

NEVER answer a customs seizure without talking to an attorney first. You could be opening yourself up for a lot of trouble, possibly including jail time.

Fighting a customs decision is EXPENSIVE. First, like I said, you will want professional legal advice. And if you talk to a lawyer and decide to pursue the matter, you will have to post a bond in order to do so. I am not sure what the amount of the bond is, but you can most likely find it on their website.

Customs CAN call DHL (or any other courier) at any time to recall a package. If they have not yet delivered it, they will bring it back and turn the package over to customs.

Obviously, there are certain items that are unquestionably counterfeit - like Disney DVD's from China, Box Sets of DVD's, Rolex watches, designer purses, etc. But there are also cases where the brand owners feel a generic product LOOKS too much like theirs, even if it does not have a logo on it or claim to be the manufacturer's product. Those are not necessarily counterfeit and their status COULD BE disputed. But that is best left to legal professionals.

In my personal opinion, I don't think brand owners should have the power to have items seized just because they believe it looks similar to theirs. How can one cell phone case not look similar to another cell phone case? But that is just my personal opinion which carries no legal weight.

Anytime you import anything, counterfeit or not, you are taking a risk. Those in power have been using overseas cheap labor to make a fortune for years and they don't want the little guys like you and I to cut in on their action. They would much rather be able to sell HDMI cables for $49.95 and not have to compete with the $3 cables on eBay. But that is just my personal take on the matter.

The bottom line here is that you can consider these items gone. Contact your seller and see if they will re-ship them. If they agree, have them shipped to a different address. Customs is always stricter during the Christmas season and you don't want to take the chance that your address has been flagged and is now in their system. It usually takes awhile before that happens, but you never know.

If your seller refuses to re-ship, then see if you can file a dispute where you bought the goods if it was someplace like AliExpress or DHGate. If you paid by credit card, a chargeback is always an option. If you paid by Western Union, or bought on a platform that does not offer any protection then you could simply be out the money you spent buying the items.

I really wish I could give you better news here, because from what you are telling us, it sounds like you didn't do anything wrong. Unfortunately, goods can be seized even when you have the best of intentions.

Thank you for your help. I had a package seized a couple of years ago and I made the mistake of calling them. Nothing really happened, I just got the letter in the mail and never replied to it.

This time I made the mistake of calling again, however the packages were delivered to a different address and different name. The customs people are obviously very rude and they try to tell you that you're a criminal and the usual talk about trying to scare you for what you did. He mentioned that because that was two packages I received, that it was a second strike and they could possibly come to my house for a search and that they could go after me. I already got the letters in the mail for the two packages but I doubt anything else would happen. I just wont reply to them.

[jeffweico]

Originally Posted by hulkman

Thank you for your help. I had a package seized a couple of years ago and I made the mistake of calling them. Nothing really happened, I just got the letter in the mail and never replied to it.

This time I made the mistake of calling again, however the packages were delivered to a different address and different name. The customs people are obviously very rude and they try to tell you that you're a criminal and the usual talk about trying to scare you for what you did. He mentioned that because that was two packages I received, that it was a second strike and they could possibly come to my house for a search and that they could go after me. I already got the letters in the mail for the two packages but I doubt anything else would happen. I just wont reply to them.

I'm sure that the people answering the phone at the US Customs office have people calling in every day screaming at them. Their agents are tired of hearing it and take an attitude automatically, even if you are just trying to get information. There is nothing that is going to change that.

Their rules might very well be that they can come and search your premises on a second seizure. I have no idea. But I would think that is highly unlikely to actually happen. Still, I wouldn't antagonize them. Because if you get the wrong person, and they happen to be in a bad mood, you just might become their personal project at work. And you don't want that. Even if your items are perfectly legal and were seized just because they might look similar to a brand name item, if you get on their radar and are prosecuted, you will end up with a thousand headaches and thousands of dollars in legal bills defending yourself. So, even if you win, you lose.

[rsot]

Originally Posted by hulkman

Thank you for your help. I had a package seized a couple of years ago and I made the mistake of calling them. Nothing really happened, I just got the letter in the mail and never replied to it.

This time I made the mistake of calling again, however the packages were delivered to a different address and different name. The customs people are obviously very rude and they try to tell you that you're a criminal and the usual talk about trying to scare you for what you did. He mentioned that because that was two packages I received, that it was a second strike and they could possibly come to my house for a search and that they could go after me. I already got the letters in the mail for the two packages but I doubt anything else would happen. I just wont reply to them.

The criminal accusation is default setting - you can imagine how much crap comes through every day right?

[GreenBean]

Originally Posted by hulkman

The customs people are obviously very rude and they try to tell you that you're a criminal and the usual talk about trying to scare you for what you did.

Customs have the laws of the land to uphold.

You are making it personal.

It's business.

If your business is imports, then your first duty is to yourself to ensure your items will be landed correctly.

[rsot]

Don't forget that communication with your seller is also important OP

[GreenBean]

Try to understand that just because the seller is offering you a good MOQ & making claims about the items, you still need to be careful.

Many users here have allowed sellers to persuade them to be less than careful of their importing.

Never forget, it's you who is in the USA, not your seller.

[jeffweico]

Exactly. And very few sellers of counterfeits will ever ADMIT to selling counterfeits, they will swear up and down all day long that their items are 100% authentic. So you have to be VERY careful.

[hulkman]

Thank you guys. I definitely agree with you on being safe and not risking anything and definitely will not be calling them anymore. Still trying to learn my way around the importing part and trying to do it legally.

I have imported goods that were counterfeit in the past (although not for resale) and learned the hard way about importing items with logos.

Now the line seems to be a little more blurred with items that don't have logos and are just generic phone parts. And I'm not talking about iPhone screens because thats a very easy one to spot.

There is a certain item that I can only buy in China and I can't find anywhere else. I found a similar item in the UK but again I'd be facing the same issue with customs.

I am considering making a custom item with my own logo on it but I am not sure how that would work out.

Does anyone have any tips on importing such items? Are there options where I can have them shipped to different states and then have them re-directed to me?

[aking]

Originally Posted by hulkman

Well would you use that address again? I wouldn't think its safe anymore. Also can DHL leave the package there just from seeing a handwritten note?

Yes, I always leave a note and have DHL just leave the package at my door. You just need to give clear instructions on where you want them to leave the package. You need to put the tracking # on the note along with your name.

It also states this on the delivery attempt notice they leave on your door.

I started going this when a package attempted delivery on a Friday and I didn't end up getting my package until the following Wednesday or Thursday, talk about pissed!

[jeffweico]

Originally Posted by hulkman

Thank you guys. I definitely agree with you on being safe and not risking anything and definitely will not be calling them anymore. Still trying to learn my way around the importing part and trying to do it legally.

I have imported goods that were counterfeit in the past (although not for resale) and learned the hard way about importing items with logos.

Now the line seems to be a little more blurred with items that don't have logos and are just generic phone parts. And I'm not talking about iPhone screens because thats a very easy one to spot.

There is a certain item that I can only buy in China and I can't find anywhere else. I found a similar item in the UK but again I'd be facing the same issue with customs.

I am considering making a custom item with my own logo on it but I am not sure how that would work out.

Does anyone have any tips on importing such items? Are there options where I can have them shipped to different states and then have them re-directed to me?

If you own the trademark, then you can freely import the items. You would give your supplier a "Letter of Authority" a/k/a "Letter of Authorization". It states that you are the trademark owner and the goods are being received by you. If you do that, customs should leave you alone, at least from the standpoint of looking for counterfeits.

[GreenBean]

Originally Posted by hulkman

There is a certain item that I can only buy in China and I can't find anywhere else. I found a similar item in the UK but again I'd be facing the same issue with customs.

I am considering making a custom item with my own logo on it but I am not sure how that would work out.

Does anyone have any tips on importing such items? Are there options where I can have them shipped to different states and then have them re-directed to me?

If you take ownership like that with an item, and apply your own trademark, you are freed from the worry of importing foo-foos.

There would be no need to import to another state & get anything re-directed. Much easier method of business.

[rsot]

Copyright and protect that custom item if you go into mass production

[hulkman]

For the volume that I need, I don't think its worth it to copyright or trademark.

If I just make up a brand name (obviously one that doesnt exist) would I have any problems?

[jeffweico]

Originally Posted by hulkman

For the volume that I need, I don't think its worth it to copyright or trademark.

If I just make up a brand name (obviously one that doesnt exist) would I have any problems?

You can certainly DO that, but it is not as effective in protecting your rights as a registered trademark is.

You may have noticed some different symbols for trademarks:

™ means you have claimed the trademark, but it is not registered.
® means you have REGISTERED the trademark.

The difference is, you will have a much easier time proving your case in court if your trademark is registered. Not that it is impossible to do so without registering it. How Amazon would react to your claim regarding an unregistered trademark, I do not know, but it COULD be worth a shot.

[hulkman]

Thank you for a lot of valuable info.