Members importing goods into the United States from another country, either by selling or buying items listed on eBay, 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:
Limits on account privileges
Forfeit of eBay fees on cancelled listings
Loss of PowerSeller status
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 were 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.
eBay 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.
Why does eBay have this policy?
eBay urges its sellers and buyers to comply with all governmental laws and regulations. Since the importation of goods are highly regulated by the United States government or may cause harm to eBay or its members, members should educate themselves on the laws governing the importation of goods prior to listing those good on eBay.
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