New Zealand Customs - HELP WITH DETAINED PARCEL

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sparklesjax
Posts: 15
Joined: 26 Jul 09
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13 Aug 09 09:02:04 am
Ok, so I made my first wholesale purchase (just 4 units as a sample). NZ customs have retained my package stating that it is under investigation for suspected breech of the Trade Marks Act and/or Copyright Act. In other words they think they are fake (which they almost certainly are). I brought hair straightners from china and was not particularly worried that they might be fake as I intended to use one myself and give the others to sisters/friends etc. I did not intend to onsell them (although I confess to being interested in seeing what the quality was like). The letter says I could be prosecuted in the High Court and suggests I should let them destroy them (by signing a consent form). My question is: How do I avoid this happening in the future? I have been researching a number of items which I would not want detained (that would be more substantial money down the toilet). Can I ask NZ Customs to return the parcel 'return to sender' and ask the wholesaler for a refund? Suggestions/Comments appreciated. Thanks.

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fudjj
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13 Aug 09 10:02:05 am
No choice, you've been sprung.

Only way forward for you now is to tell them to throw them in the fire and kiss your money goodbye.

You could try the wholesaler for a refund, but my guess would be that's just a waste of time. They know very well what happens to their products when customs gets one, it happens all over the planet every day of the week.

The only thing you are going to do now by trying to buck the system and not give them authorisation is to destroy the items is give them reason to mark your name down and keep an eye on all future shipments.


Next time they catch you you won't get a letter, you'll get a knock at the door.

You can't fight them, it's like a speeding ticket, pain in the rear, but you just have to throw your hands in the air and say, yep, you got me!

How do you avoid this in the future?, don't import fakes again lol.


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Full Member
sparklesjax
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13 Aug 09 10:08:08 am
Thanks Fudjj, thats what I suspected. But now im intriged. How do these products get into our market then?? Was mine stopped randomly or do they stop all items of certain types (on some sort of product hit list)? Im struggling now to find an item that is 'generic' without any form of branding.... I would love to speak to someone in NZ that imports regularly to learn some tips. Cant afford to loose more $$. Am also concerned cause I have other shipments of other products on their way to NZ. Things like 'as seen on TV' products... are these generic enough.... what is a guide? Bummer! I was just starting to gain confidence about this too lol.

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fudjj
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13 Aug 09 10:42:35 am
You will find that they have a hit list of certain suppliers that they watch out for, so you may well of been caught in that, or of course it could well of been a random find.

Goods from China will usually attract some form attention from customs, at least multiple goods of the same kind usually will because customs know what to look out for.

It's true, some do get away with it, but as time goes by brand owners are really starting to step up on clamping down on fakes, they are simply taking too much of the brand owners market, so customs should only be getting tighter on loads really.

You're pretty safe with anything that is not branded, if it's a replica of a branded product then that's fine, it just can't have any trade mark infringements such as brand name, logo, that type of thing.

Not an easy market to crack, you need to find the right replica, the right price, the right supplier and then hope like hatties that the market is still strong by the time you start selling : )


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Free Member
haydee
Posts: 361
Joined: 11 Mar 10
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14 Aug 09 03:31:07 am
Hi SparklesJax,

I'm sorry to hear about what happened. What was the brand name of the hair straightener? Is this supplier in our directory? If yes, you can file a supplier complaint so we can investigate on it? Also, please make a supplier review for the benefit of other members.

I also suggest that you try to contact your supplier and see if you can come to a resolution.

Best regards,

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sparklesjax
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16 Aug 09 08:27:33 am
Me again lol. So, I have looked into importing some apparel from a DH Gate supplier. Good feedback etc. There are a couple of different items I like that I think will sell well. However, some of them are 'minor' labels (in our country at least) - Ed Hardy. The DH Gate supplier said that the documentation they include does not state the brand. Simply will say 'shorts' or 'tee-shirts' etc. What do you think my chances are of getting small quantities of these into NZ? (less than 30 items at a time). Or am i still pushing it lol. Advice appreciated, before I throw more $$ away.

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haydee
Posts: 361
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19 Aug 09 04:29:10 pm
Hi SparklesJax,

This is something that you need to clarify with the NZ Customs. Upon checking, I couldn't find Hardy Life (trademark owner of Ed Hardy) in the list of Intellectual Property Rights Notices that are accepted by NZ Customs but to be sure, it is better to contact them directly.

Here's the link: [urlLink hidden: Login to view

Also, the documentation won't be official if the brand name is not specified.

Hope that helps!

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highonheels
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Joined: 07 Nov 09
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24 Nov 09 03:19:57 pm
Hi, I've just received a similar notice of detainment letter for similar product from China! - guessing you never heard anymore about your detained pAckage? The letter does imply they may be released but I presume this is unlikely?

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0tnic
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29 Nov 09 10:47:50 pm
Wow customs must be cracking down on this at the moment. Out of all of the things i have imported i ahve never had this problem.

I would have gone back to them and said you had no idea and wanted to know what the best option was so that it would be resolved for everyone.

On a side note customs always in their system i have been told note down the address in which things are being sent to and if there are more than 3 parcels a month from USA or China etc they will check the parcels and you will get caught out paying extra fees.

I know that when i was importing regularly depending on what i was bringing in and how important it was that it was delivered to somewhere that had someone there i would do it to my home address, my mums home address or her work address which is a business in itself but i never had to pay extra fees. Also getting someone to put on the declaration that its a gift makes it easier.

I also got away with alot of it as i am a bigger girl and most of my clothing was plus size clothing so they let it go through quickly.

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fudjj
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30 Nov 09 12:16:43 am
Can't comment on NZ customs, but I have piggy backed imports from the same supplier many times to avoid fees, and never had any issues with clearance or being charged extra.

Regarding clamping down on imports, anything from areas like China where a world full of fakes are exported everyday of the week, will always get customs attention for sure.

The moment they see something branded in one of those loads, the pressure will be on the buyer to prove authenticity or loose it altogether at the very least.

It's such a massive problem that companies are really waking up to the fact that theses fakes are destroying a good slice of their market share, and they are really starting to clamp down on anyone they get in their sights. It's something that customs all over the world are very sensitive to, and act on.

Of course this is for branded products, the chances are that no one will have a problem importing non-branded products from China, customs are just watching out for fakes in these cases.


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genelyn
Posts: 8
Joined: 29 Oct 09
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30 Nov 09 05:16:20 am
Hi

I dont know if this is a silly question or not...Do you put your name in the parcel or invoice or put your company name? What would be the implications? or is Customs more concerned with the address the parcel are being sent. If you declared a company name, the goods will automatically be considered as commercial import and will be charged separately?sorry I am new to this and really ahve no idea on importing.

Hope somebody answers this query..

Thanks

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fudjj
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30 Nov 09 06:12:48 am
Name isn't important, but if you are trading I would suggest the invoice be in your business name for taxation purposes.

Import duties are based on the loads value, private or business address.

: )


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