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Posts tagged counterfeit products
The Counterfeit Silk Road - Impact of Counterfeit Consumer Products Smuggled into the United States

By John Dunham & Associates

The Buy Safe America Coalition represents a diverse group of responsible retailers, consumer groups, manufacturers, intellectual property advocates and law enforcement officials who support efforts at all levels of government to protect consumers and communities from the sale of counterfeit and stolen goods. One important issue facing US businesses is the massive growth in the availability and sales of illicit products, both from counterfeit imports — increasingly from China — and from products stolen from legitimate retailers and sold through online marketplaces, where the anonymity of a screenname has made it easier and more profitable to fence counterfeit and stolen goods. The Coalition asked John Dunham & Associates (JDA) to examine the data around these illicit sales to determine how they impact the US economy, federal tax revenues, and criminal activity. This is the first of a series of papers examining the issue of counterfeit and stolen goods and its effect on the United States economy. This analysis will focus on the importation of illicit products, notably counterfeits that violate producers’ intellectual property rights. Future analysis will examine the effects of domestic smuggling, the resale of stolen goods, and the effects of contraband on overall criminal activity. According to the analysis: • A large share of contraband items are delivered to US consumers by mail or by express consignment. These transactions account for over 60.8 percent of all seizures by the US customs service and over 90 percent of intellectual property rights (IPR) seizures. The growth in these types of shipments has increased along with the use of online marketplaces. Amazon, for instance, now derives more than 75 percent of their ecommerce revenue from marketplace sales. • In effect, as companies like the Chinese ecommerce marketplace Alibaba and the Amazon marketplace, have linked more consumers to more shippers, many companies producing illegitimate products have gained access to unwitting consumers in America. • The bulk of counterfeit products to the US come from China and its dependent territories, accounting for over 90.6 percent of all cargo with IPR violations. Of the $1.23 billion in total IPR violations intercepted, $1.12 billion was from China. • Examining just those data where CBP can provide an HS code, in some cases, the amount of contraband cargo is nearly equal to the entire import base. For example, imports of certain sweaters, jumpsuits and toys from China are almost 100 percent contraband, as are large amounts of handbags, jewelry and belts. • While there is substantial academic literature on the smuggling of narcotics, people and tobacco, there is very little written on counterfeit products. Using a very conservative model it is estimated that $44.3 billion in additional illicit cargo is escaping detection. • These lost sales alone mean that over 39,860 jobs in wholesaling and nearly 283,400 retail jobs are lost due to the impact of counterfeit goods skirting normal trade channels. All told, the sale of counterfeit items is expected to cost the wholesale and retail sectors of the US economy nearly 653,450 full-time equivalent jobs that pay over $33.6 billion in wages and benefits to US workers. • It is estimated that the smuggling of counterfeit goods costs the US government nearly $7.2 billion in personal and business tax revenues alone. • This analysis is based on the current level of CBP intercepts of illicit cargo. It is likely that the number of illegal imports is much larger than even estimated here.  

Washington, DC: Buy Safe America Coalition, 2021. 25p.

Tackling the sale of illicit pesticides on e-commerce platforms

By The Transnational Alliance to Combat Illicit Trade 

The escalating global demand for food highlights the critical role of increasing agricultural productivity and securing long-term food security. Agro-chemicals, especially pesticides, are essential for modern agriculture, protecting crops from pests and diseases and supporting the growth in agricultural productivity.

However, the increase in demand for crop protection has also paved the way for criminals to exploit agricultural supply chains to introduce unauthorized pesticides. This issue is further exacerbated by online sales on e-commerce platforms, which, while offering new avenues for the sale of pesticides, have also become conduits for trading illicit pesticides.
 
TRACIT’s report, Tackling the sale of illicit pesticides on e-commerce platforms: Risks, challenges and solutions, identifies the scale of trade of illicit pesticides on e-commerce platforms and the vulnerabilities that expose platforms to illicit traders. The primary objective of the report is to examine the structural vulnerabilities in the operations of e-commerce platforms that can be exploited by criminals to sell illicit pesticides online. It goes on to present examples of listings of illicit pesticides found on major ecommerce platforms worldwide. 
 
Key findings

  • Major e-commerce platforms worldwide sell illicit pesticides, in circumvention of national regulatory controls. 

  • Ongoing trade in illicit pesticides necessitates stricter, government-mandated due diligence controls on e-commerce platforms.

  • Platforms must ensure greater compliance with existing law and improve enforcement of their own policies to prevent the sale of illicit pesticides.

In an effort to advance progress in these areas, this report delineates recommendations for intergovernmental organizations, national government and e-commerce platforms.
 
Critical recommendations

  1. Ensure that sellers have a license. National regulations should require e-commerce platforms to check pesticide sellers’ credentials and verify that pesticide sellers have a license to trade pesticides. 

  2. Store such licenses for verification by regulatory authorities.: National regulations should mandate e-commerce platforms to verify and store seller information including dealer licenses for greater transparency and for recourse in the case of illicit pesticides. 

  3. Verify that pesticides sold on platforms are registered in the country of use: National regulations should mandate e-commerce platforms to verify that sellers put up for sale only those pesticides that are registered in the country of use. In the case of cross-border transactions, regulations should require e-commerce platforms to verify registrations or authorization certificates in the country of import and the country of export ahead of permitting such transactions.

New York: TRACIT, 2024. 65p