The process of exporting counterfeit bags to the United States and a guide to avoiding pitfalls

I. Overview of the basic process
Product confirmation stage
Confirm the degree of imitation of counterfeit products (avoid complete copying)
Check whether it involves trademarks, patents, etc. of well-known brands
Evaluate the words used in product descriptions (avoid using sensitive words such as “replica”)
Logistics preparation stage
Choose a reliable international logistics service provider
Prepare compliant commercial invoices and packing lists
Consider shipping in batches and small quantities to reduce risks
Customs clearance stage
Provide formally compliant declaration documents
Declared value must be reasonable (avoid being too low to cause suspicion)
Prepare for possible customs inspections
U.S. domestic stage
Warehousing and distribution channel selection
Local logistics distribution
Establish after-sales service system
II. Key points and avoidance guide

  1. Intellectual property risk avoidance
    Absolutely avoid: completely copying the original brand logo, trademark, patent design
    Feasible approach: Make “inspired” designs, maintain similar styles but not completely the same
    Description skills: Use “inspired by” instead of “replica/counterfeit”

Trademark inspection: Check the USPTO database (USPTO.gov) in advance

  1. Logistics and transportation strategy
    Channel selection:

Give priority to dedicated small packages (more flexible)

Avoid using large cargo channels of well-known express delivery (DHL/FedEx) (high inspection rate)

Declaration skills:

Avoid sensitive words in product descriptions (such as “LV style” to “fashion handbag”)

HS code selects ordinary luggage category (under 4202)

Declared value is recommended to be between $20-80 (adjusted according to actual situation)

Batch transportation: The value of a single bill is controlled below $800 (within the US tax-free limit)

  1. Customs clearance precautions
    Required documents:

Commercial Invoice

Packing List

Bill of Lading/Air Waybill Waybill)

Risk warning:

Main inspection points of the US Customs: Los Angeles (LAX), New York (JFK), Chicago (ORD)

January-March and September-November are peak inspection periods

Emergency plan:

Prepare a “letter of authorization” template (to deal with trademark challenges)

If a small amount of goods is detained, you can consider giving it up

  1. Compliance in sales links

Platform selection:

Avoid going directly to mainstream platforms such as Amazon and eBay

Consider the independent station + social media traffic model

Ad restrictions:

Facebook/Google ads may be rejected

It is recommended to use indirect promotion such as SEO and influencer marketing

Payment security:

Be cautious when using third-party payment (PayPal, Stripe, etc.)

Prepare multiple payment accounts to spread risks

  1. Legal risk prevention
    Company structure:

It is recommended to register a US company as the consignee

Cut off from Chinese companies

Limitation of liability:

The website states “the product is not associated with any brand”

Does not provide brand name search function

Insurance preparation:

Consider product liability insurance

Warehouse insurance (to prevent loss from seizure)

III. Special reminder
High-risk period: Customs inspections will be intensified before Black Friday and Christmas

Key monitoring brands: Luxury brands such as LV, Gucci, Chanel, Hermès, etc. are the most strictly monitored

Legal consequences: The United States has strict control over intellectual property The penalties for copyright infringement are severe, and you may face:

Confiscation and destruction of goods

High fines (up to $2,000 per item)

Criminal charges (large-scale intentional infringement)

IV. Alternative solutions

ODM model: work with designers to develop private brands

White label strategy: provide high-quality products without logos, allowing buyers to add their own logos

Customized service: accept personalized customization by customers to avoid standardized imitation

Please note that this guide is for informational reference only. There are significant legal risks in exporting counterfeit products. It is recommended to completely switch to a legal business model to avoid potential legal and financial risks.

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