# Counterfeits at Customs: Seizure, Destruction, and the Letter That Follows

Source: https://copycathq.com/blog/2026-11-10-counterfeits-customs-seizure-destruction-notice/

CopycatHQ blog · 2026-11-08


Published 2026-11-10

A brand owner got a call from a customer who had bought a fake version of her product from a marketplace listing. She filed the takedown, the listing came down, and a week later the same seller was back under a new name. She assumed the fight was online. It was not. The seller's next shipment was sitting in a container at a US port, and US Customs had the power to seize it, destroy it, and fine the importer, if only her trademark had been recorded with them. It had not.

Customs is the part of brand protection most small brands never use, and it is the part that stops counterfeits before they reach a marketplace. US Customs and Border Protection enforces intellectual property rights at the border, and it seizes counterfeit goods by the tens of millions every year. In fiscal year 2024, CBP reported seizing more than 32 million counterfeit and infringing items, with an estimated genuine retail value of roughly 5.4 billion dollars. Handbags, wallets, apparel, and pharmaceuticals were among the most-seized categories. The system works. It only works for brands that have recorded their rights.

## Recordation is the trigger

CBP enforces the rights of owners who have recorded them. A brand records a federally registered trademark or copyright through CBP's online Intellectual Property Rights e-Recordation system, governed by 19 CFR Part 133. Once recorded, the mark is loaded into CBP's targeting systems, and frontline officers can detain, seize, and act on suspect shipments. The Reidell Law Firm guide to CBP intellectual property penalties puts it bluntly: without a registered trademark on record, the agency generally cannot seize counterfeit goods bearing that mark.

The recordation costs 190 dollars per international class of goods, and it is available for trademarks registered on the Principal Register, not the Supplemental Register. That is the whole price of entry. A brand that has a registered trademark and has not recorded it with CBP is leaving its cheapest enforcement tool on the table, and the counterfeiters know it. The Five Dogs Law guide to trademark recordation makes the same point: recording is the step that turns a registration into border enforcement.

## Detention, then seizure, then destruction

The process runs in stages. When CBP suspects an imported shipment bears a counterfeit mark, it can detain the merchandise for up to 30 days while it investigates. The importer is notified and can submit information showing the goods are authentic or authorized. If CBP confirms the goods are counterfeit, they are seized under 19 USC 1526(e), forfeiture proceedings begin, and the goods are generally destroyed. Counterfeit goods are typically forfeited and destroyed rather than returned or re-exported, and in some cases CBP may donate them to charity or sell them at public auction with the trademark owner's consent, if they are not unsafe.

The penalty ladder goes further than the loss of the goods. Under 19 USC 1526(f), a first seizure can draw a civil fine of up to the value the merchandise would have had if it were genuine, the manufacturer's suggested retail price of the real article at the time of seizure. A second and each subsequent seizure can reach twice the genuine value. The fine falls on the importer, not the overseas manufacturer who is usually out of reach, which is why the system works: it punishes the party inside the jurisdiction.

## The notice, and what the brand gets from it

When CBP seizes goods bearing a recorded mark, it notifies the rights holder and, under 19 CFR 133.21, shares detailed information about the importer, the manufacturer, and the goods. That information is intelligence the brand can use to map the supply chain and pursue the people behind it. CBP may also contact the trademark owner and provide samples or photographs of the suspected counterfeits, along with serial numbers, batch numbers, universal product codes, the date of import, the port of entry, the country of origin, and the suspected quantity.

The practical move for a small brand is simple. Register the trademark, record it with CBP, and keep the recordation current. The cost is 190 dollars per class. The alternative is fighting the same seller on every marketplace, one takedown at a time, while the shipments keep arriving. Customs does not replace marketplace enforcement. It stops the goods before marketplace enforcement is needed, and for a brand that has been playing whack-a-mole with listings, that is the difference between a fight and a solution.

Keep reading: [the identity gaps that let counterfeit sellers in](https://copycathq.com/blog/2026-11-03-marketplace-seller-identity-gaps/), [what happens when a counterfeit listing comes back](https://copycathq.com/blog/2026-11-05-counterfeit-relisted-after-takedown/), and [how a test purchase builds the evidence](https://copycathq.com/blog/2026-11-05-test-purchase-counterfeit-evidence/) cover the nearby cases in this series.

## Frequently asked questions

### What does CBP need before it can seize counterfeit goods?

A federally registered trademark or copyright recorded with CBP through its online Intellectual Property Rights e-Recordation system. Without a registered trademark on record, the agency generally cannot seize counterfeit goods bearing that mark. The recordation costs 190 dollars per international class of goods.

### How many counterfeit items does CBP seize each year?

In fiscal year 2024, CBP reported seizing more than 32 million counterfeit and infringing items, with an estimated genuine retail value of roughly 5.4 billion dollars. Handbags, wallets, apparel, and pharmaceuticals were among the most-seized categories.

### What happens to counterfeit goods after CBP seizes them?

They are generally forfeited and destroyed. CBP can detain a suspect shipment for up to 30 days while it investigates, and if the goods are confirmed counterfeit, they are seized under 19 USC 1526(e) and forfeiture proceedings begin. In some cases CBP may donate them to charity or sell them at auction with the trademark owner's consent, if they are not unsafe.

### What fine can an importer face for counterfeit goods?

For a first seizure, a civil fine of up to the value the merchandise would have had if it were genuine, the manufacturer's suggested retail price of the real article. For a second and each subsequent seizure, the fine can reach twice the genuine value. The fine falls on the importer, not the overseas manufacturer.

### What information does CBP share with the brand owner after a seizure?

Under 19 CFR 133.21, CBP notifies the rights holder and shares detailed information about the importer, the manufacturer, and the goods, including samples or photographs, serial numbers, batch numbers, universal product codes, the date of import, the port of entry, the country of origin, and the suspected quantity. That information helps the brand map the supply chain.