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Importation
of Goods into the United StatesTop
of Form
Members importing
goods into the United States from another country, either by selling
or buying items listed on NWMarketplace, are responsible for ensuring
that the importation of that type of product complies with applicable
U.S. laws. These laws often are complex, and issues will vary
depending upon exactly what item is involved and the countries in
which the buyer and seller reside.
Violations of this
policy may result in a range of actions, including:
Examples
of some goods that might be subject to import restrictions:
Copyrighted
goods: The owners of the copyrights in literature, music,
movies, software, video games, and photos have certain rights under
U.S. copyright law to prevent the importation of goods which were
intended for distribution in another country. Importation of such
products into the United States without permission may be an
infringement. This may be true even if the good is a genuine copy
and legal to distribute in the other country.
Trademarked
(branded) goods: The owners of the trademarks on branded goods
have certain rights under U.S. trademark law to prevent the
importation of goods, which were intended for distribution in
another country. Importation of such products into the United States
without written permission may be an infringement. This may be true
even if the good is a genuine copy and legal to distribute in the
other country.
Patented
goods: The owners of the patents have certain rights under U.S.
patent law to prevent the importation of goods which employ
technology protected by a U.S. patent. Importation of such products
into the United States without permission may be an infringement.
This may be true even if the good is a genuine copy and legal to
distribute in the other country.
Examples
of potentially infringing items:
Music CDs that is
intended for distribution in the United Kingdom (even if they are
genuine copies).
Videos
that were intended for distribution in Canada (even if they are
genuine copies).
A
video game player or software that is the Japanese version of the
player or game and not intended for use in the United States. (Note
that the offering of "mod chips," "emulators" or
other devices intended to enable the use of unauthorized imports
also may violate copyright laws).
A
computer hard drive that uses processes or technology patented by
someone in the United States.
A
t-shirt with a logo that was authorized for use abroad.
A
Pokemon® toy that was intended for sale in Japan only.
Some
reasons members should check applicable laws before importing goods
into the United States:
U.S. Customs could
stop and seize the product at the U.S. border, and the member could
be fined or face other liability because of the seizure.
The
member could face legal liability from the owners of trademarks,
copyrights, or other rights that might be involved.
The
member could face other civil or criminal liability, depending upon
the type of product involved.
NWMarketplace
strongly recommends that members carefully review the U.S.
government's Web sites and other sources of information concerning
importation of goods into the United States, and (if necessary)
consult with an expert in this field before completing any
transactions. The information and links provided below are a starting
point so that members can quickly familiarize themselves with some of
the regulations in this area.
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