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Is It Legal To Import Brand Name Merchandise From China?
Part Three By: Robert C. Potter

Such documentation is issued to the authorized reseller or original equipment manufacturer (OEM) only. If there is a legal challenge to the authenticity of the product they are selling, then paperwork can be provided to confirm that they are legally sanctioned to sell or manufacture a particular branded item. To my knowledge, no wholesale supplier of brand name merchandise, either overseas, or in the United States, will offer their customers paperwork proving authenticity.

The proliferation of counterfeit items within the People’s Republic is staggering. The replication industry in China, as well as other Asian countries rely on the production of counterfeit merchandise has become an industrial staple. It is estimated that 8.5 % of the Chinese GNP involves the production of counterfeit merchandise.

SIDEBAR: For a complete perspective on the counterfeiting industry see: “The World’s Greatest Fakes” by 60 Minutes and CBS News. Also included is an article by National Public Radio (NPR.org) entitled, “Chinese Crackdown Fails To Stem Counterfeit Goods,” and a news release from the Immigration And Customs Enforcement (ICE) agency about Counterfeit Seizures in the United States.

The World's Greatest Fakes Chinese Copies Are Making
Their Way Back To U.S.Aug 2004 CBSNew.com

NPR : Chinese Crackdown Fails to Stem Counterfeit Goods

Counterfeit goods seizures up 83% in FY 2006 DHS made
14,675 seizures worth more than $155 million

In addition, if you are thinking about importing brand name merchandise through online trading forums such as Alibaba.com and EcEurope.com, than I have some less than encouraging news for you. A majority of the trades leads on both forums require extensive research and a working knowledge of the importing business before you ever think about doing business with any of the listed companies.

However, I don’t want to be totally negative about trade lead forums. I think that they serve their purpose in terms of finding leads for non-branded general merchandise. But, rarely, if ever, will you find a solid lead to the original wholesaler or manufacturer of American brand name merchandise.



Trying to forge a relationship with someone who claims to have the genuine article can also be a financially dangerous endeavor. Most overseas business to business suppliers require payment in the form of wire transfer, or telegraphic transfer (T/T). The purchasing minimum that some suppliers ask for is a shipping container load of merchandise.

Wiring cash into an overseas business account can be a recipe for disaster. Once the money leaves your account it is gone forever. If the seller does not deliver, you basically have no legal recourse in terms of getting your money back. The only way to recoup any funds would be for the seller to rewire the cash back into your account.

The bottom line is this. If you want products like Nike Air Jordan, then you have to go to Nike and find out how to purchase their products. The same is true with just about any name brand merchandise you want to buy. If you cannot afford a particular product, well, then sell a non-branded item.

There are plenty of product niches out there that you can explore. With that being said, I am not the last word when it comes to importing brand name merchandise. Despite the cautionary tale that I have presented here, I want to offer you additional opinions and legal resources that can help you with this type of purchasing.

The links below will provide you with a combination of legal resources and consultants in all areas of import, as well as companies and individuals that specialize in the Chinese region. Do not pursue the importation of any branded items unless you fully understand the legal ramifications associated with such a venture.

Avoiding Counterfeit Products

The Counterfeit Law Blog

Asian Investigations

Law Offices Of Lehman, Lee, And XU.

Offices In China For Lehman, Lee, And XU

FindLaw.com-Legal-Resources by Jurisdiction-China

Import-ExportCoach.com

VitalSourcing.com

US-Asia Business Solutions

US Customs And Border Protection – Import - Export

Trafficking in Counterfeit Goods or Services

Chinese American Business Development Center

In's And Out's Of Importing From China..

The Federation Of International Trade Associations..

Informed Trade International

Don't want to bother with the hassles of importing? Looking for United States Supply sources? We have over 600 wholesale and surplus supply sources in 12 different product categories. Click here..

 
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