Carrying fake Nikes, Adidas or Gucci to the US? Your item could be confiscated or destroyed

Walking the streets of New York, Chicago, Paris or Rome, chances are that you will come across someone wearing Nike or Adidas shoes, wrapped in a Louis Vuitton scarf or carrying a Gucci handbag. And while most of us are aware that the scarf or the pair of shoes may not be genuine, how major the problem of 'branded' fake products is may come as a surprise to many.In fact it's become such a significant concern for footwear, fashion and luxury brands that the effect is even percolating down to you and me. The US, in particular, is cracking down hard with the country's Customs and Border Protection (CBP) increasing its surveillance of smuggling of counterfeit goods.As a result, many Indian travellers who flew into the US in recent months have had their fake luxury items seized at the port of entry.A 43-year-old schoolteacher travelling to the United States to meet her son, pursuing a master's in supply chain management in Texas, says she had no idea what was in store for her just as she set foot on American soil.“I was carrying eight shirts, four trousers, some socks and a pair of shoes. All the goods were still packed as I had just bought them,” she tells TOI's Amisha Rajani."At the port of entry, officials checked my bags and bombarded me with questions about where I was travelling from, who the goods were for, if I was smuggling them, etc. Though I tried explaining to them that it was all for my son, they insisted that I could not take them as they were all counterfeit goods – copies of big brands – which I wasn't aware of. Since they threatened me with criminal charges, I had no choice but to let them seize everything immediately," she says.The traveller says many of the clothing items were torn before being discarded. “I lost goods worth at least Rs 30,000.” medium nocaption111142421Like the schoolteacher, others too have had their items destroyed or dumped into trash cans by US officials. A 27-year-old student from Hyderabad pursuing a master’s in business management and economics from California, says he had 8-10 shirts, pants, and three pairs of shoes thrown into the trash by US customs officials some months ago.“How do we know this [rule] if it is not prominently mentioned in the dos and don’ts guide that gives travellers a checklist of what can be carried and what can’t,” he says, adding “It it very common in India for people to sell and buy copies of big brands. I had no idea that carrying them in my luggage is such a serious offence.” medium nocaption111142455What the rule saysEvery year, CBP seizes and destroys millions of dollars worth of goods that violate intellectual property right (IPR) laws. IPR violations are any product that infringes on US trademarks or copyrights. Besides the US, France, Italy, Switzerland and Germany are some of the countries most affected by counterfeit goods.The CBP website says, “It is illegal to purchase counterfeit goods. Bringing them into the United States may result in civil or criminal penalties and purchasing counterfeit goods often supports criminal activities, such as forced labour or human trafficking.”According to the rules, travellers arriving in the US are allowed to import one item of each type (eg: a shirt, a handbag, a pair of shoes) that bears a counterfeit or confusingly similar trademark, provided it is for personal use and not for sale. Anything in “excess” of this is banned.This exemption is available no more than once every 30 days. CBP may also issue a monetary penalty of up to double the manufacturer's suggested retail price (MSRP value) of the product for repeat violators. CBP officials in the US say surveillance has been stepped up after 23 million counterfeit goods from 19,724 shipments were seized in 2023. "This violates Intellectual Property Rights [IPR]. If these goods were genuine or sold illegally with actual brand names, it would have amounted to $2.7 billion," a department representative said.China remained the primary source economy for counterfeit and pirated goods seized, accounting for a total estimated MSRP value of over $1.81 billion or approximately 65.9 % of the total MSRP value of all IPR seizures. !function(){"use strict";window.addEventListener("message",(function(a){if(void 0!==a.data["datawrapper-height"]){var e=document.querySelectorAll("iframe");for(var t in a.data["datawrapper-height"])for(var r=0;r Apparel/accessories topped the list for number of seizure lines with 26,891, representing 26.2 % of all IPR seizures. !function(){"use strict";window.addEventListener("message",(function(a){if(void 0!==a.data["datawrapper-height"]){var e=document.querySelectorAll("iframe");for(var t in a.data["datawrapper-height"])for(var r=0;r Customs officials say the purchase of counterfeit products has an economic impact and can also pose health and safety risks. Every time you buy a product that is fake, a legitimate company loses revenue. “This translates to lost profits and the loss of US jobs over time,” they say.In addition, fake products are often of inferior quality, which can cause harm. Take for example, fake pharmaceutical products or consumer electronics, which could result in serious injuries. !function(){"use strict";window.addEventListener("message",(function(a){if(void 0!==a.data["datawrapper-height"]){var e=document.querySelectorAll("iframe");for(var t in a.data["datawrapper-height"])for(var r=0;r In India, beware of these marketsAlthough India is not among the top five countries from where counterfeit products were seized by US customs officials, such items are available in plenty here.Three prominent markets, located in New Delhi, Mumbai, and Bengaluru, along with three online platforms, have been listed in the 2023 Review of Notorious Markets for Counterfeiting and Piracy. This annual list, released by the US Trade Representative, highlights locations known for significant trademark counterfeiting or copyright piracy.The Indian markets cited include Heera Panna in Mumbai, Tank Road in Delhi’s Karol Bagh area and Sadar Patrappa Road Market in Bengaluru. The report notes that Heera Panna, for example, is known for selling counterfeit items such as watches, footwear, accessories, and cosmetics, which could pose health and safety risks.The online markets in the list include IndiaMart, Vegamovies, and WHMCS Smarters. The 2023 review identifies a total of 39 online and 33 physical markets globally.Inputs: Amisha Rajani | Illustrations: Gaurav Kumra/AI