QUESTION: My friend’s father is a manufacturer and occasionally goes to China for business purposes. As you likely know, China is a large manufacturer of counterfeit goods. On his next business trip, may I ask him to buy me a counterfeit Gucchi Marmont GG bag ($1800 real; fake $25)? How about a Montclair coat ($1500 real, fake $200)?
ANSWER: Let’s distinguish between American law and Halacha. According to the following authoritative website, www.CustomsandInternationalTradelaw.com, generally speaking, it is illegal to import counterfeit merchandise into the United States. The word “counterfeit” is defined in the Lanham Act at 15 U.S.C. 1124, and the U.S. Customs applicable law allowing for the seizure of counterfeit merchandise is 19 U.S.C. 1526. That law gives U.S. Customs officers at the airport the authority to look through luggage and seize counterfeit merchandise.
According to Customs Directive No. 2310-011A dated January 24, 2000, “Customs officers shall permit any person arriving in the United States to import one article, which must accompany the person, bearing a counterfeit, confusingly similar, or restricted gray market trademark, provided that the article is for personal use and not for sale.” Moreover, the Directive states that “Customs officers shall permit the arriving person to retain one article of each type accompanying the person.”
Other restrictions are that one can only bring counterfeit items in every 30 days, it must “accompany” you which means no FedEx, UPS, or DHL packages, and it is only applicable to “one article of each type”. “Personal use” means for you, the traveler only. That means no counterfeit gifts for your friends and family. That is the American law as it relates to the importing of counterfeit goods.
According to Halacha, regarding the purchase of counterfeit goods, please note the following: Buying counterfeit merchandise is a Torah prohibition of Gezel (theft) according to Rav Mendel Shafran Shlita. According to Rav Nissim Karelitz ZT”L it is a Rabbinic prohibition (as related by Rav Shlomo Perlstein, a Dayan in Monsey and formerly of Bnei Brak).
