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Watch seized by customs in Houston, TX
- Thread starter keivoc123
- Start date
Well, I gave them a call asking why my package was unmailable and they told me they suspect it of having illegal counterfeit items inside, asked my permission to open it. I told em yea sure, idk what that package is anyways. They opened it and told me it was a counterfeit watch and that it would be destroyed and told me not to order anymore stuff... great. Now all my reps gotta go to a new address I suppose.
Ah that's a bummer. Did you tell them not to worry that it came from a trusted dealer :hehehe:
Seriously, it all sucks now that they have your address pegged. Looks like the guys at the Houston P.O. are keen on reps. Sorry to hear the news. Check with Toro, he may have another way to go about it.
Seriously, it all sucks now that they have your address pegged. Looks like the guys at the Houston P.O. are keen on reps. Sorry to hear the news. Check with Toro, he may have another way to go about it.
Well if you said "no" they would have needed a search warrant, and it's unlikely they would go to such lengths. They are NOT customs who have the authority to open any package at a port of entry.
From the US postal inspection service website:
"4. Can Postal Inspectors open mail if they feel it may contain something illegal?
First-Class letters and parcels are protected against search and seizure under the Fourth Amendment to the Constitution, and, as such, cannot be opened without a search warrant. If there is probable cause to believe the contents of a First-Class letter or parcel violate federal law, Postal Inspectors can obtain a search warrant to open the mailpiece. Other classes of mail do not contain private correspondence, and therefore may be opened without a warrant."
From the US postal inspection service website:
"4. Can Postal Inspectors open mail if they feel it may contain something illegal?
First-Class letters and parcels are protected against search and seizure under the Fourth Amendment to the Constitution, and, as such, cannot be opened without a search warrant. If there is probable cause to believe the contents of a First-Class letter or parcel violate federal law, Postal Inspectors can obtain a search warrant to open the mailpiece. Other classes of mail do not contain private correspondence, and therefore may be opened without a warrant."
USPS has to have a federal warrant to open anything. ( Unless you give them permission ) UPS & FedEx can open anything they want as they are privately owned.
Next time tell them you sent it out for repair (yes, to China cause it's cheaper) and it's finally being returned and hell no you can't open it, now deliver my damn watch!
You could even mock up a receipt pretty easily but that would be illegal and I would never, ever do that.
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You could even mock up a receipt pretty easily but that would be illegal and I would never, ever do that.
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Maybe the return sender being lableled as 'China' made it suspect. By destroying the watch, I wonder if they mean some lucky postal employee is going to he rocking a newly confiscated Pam.
How can they even confirm that that Pam is actually counterfeit? Are they rep experts?
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How can they even confirm that that Pam is actually counterfeit? Are they rep experts?
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When they asked you if they could open it, well I would have said no and to return it to sender as it is too late and it was supposed to be a gift. They cant say no, we have to open it. And you could counter by saying you will get a refund if you return it. In case they insist, you could ask for a "destruction receipt" to get your refund. Anything confiscated or destroyed requires a receipt why action was taken on the shipment. All this I would have said in a nice way like you knew what you were saying. ................ Anyway, I would have never called for inquiry and would have ignored the letter. That way, they would never know who the final recipient and owner would have been. Your "verbal permission" allowing them to open it, was all they wanted to prove ownership. Your "yes" clenched it. If it was your neighbors or friends order, you would never allow them to open something that is not yours, right ? Well I guess Fakey Pete at the Post Office is now a proud Panerista !! Visit them one day and check out their watches, they could be forming a rep club of their own inside !! Sorry you had to have a stroke of bad luck. ......................... Now to see how your TD handles this.................................
I have 2 inbound from toro now and this is the 2nd report of this is texas (both in Houston but I'm in Austin so probably ok). I really wonder if one could claim that you send the watch to china to be refurbished and it's being returned. Then it's none of their business if it's counterfeit or not since nothing is being bought or sold. They are just holding your property which has already cleared customs.
Where are the RWI lawyers???
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Where are the RWI lawyers???
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I was thinking the exact same thing, I think if it was me and I knew deep down there was no chance I'd get the watch I'd make them do their job. Surely if your buying a watch and they believe it to be counterfeit, they'd need to get it authenticated for your sake and theirs to pursue their case. Otherwise it's a guy who works at his local post office who's seen the words "China" and "Watch" and instantly come to that conclusion. Hardly a fair trial if you believed it to be "genuine" right? Obviously you wouldn't get your watch back, but at least the $300~ you may have lost, is pissing some guy at that post office off because he might have to do a bit more work than he initially expected. After all, what do they know about watches?
I think that's where you would need some sort of receipt to prove what you were saying was correct. I think if it was labelled "Watch refurbishment" and had some sort of receipt inside when they opened it along with your watch and your story matched on your phone call they'd have no choice but to give you your parcel as that isn't classed as "illegal" unless they went one further and had it authenticated, which with the 100,000's of goods going through these places I find highly unlikely. Just some guy licking some arse taking his job far too seriously. Sorry to hear though. I've got a franken datejust on it's way from Dallas to Ebgland as we speak, I just hope I'm a bit more lucky, or at least my bank balance is!
Mike
Legally the reason makes no difference. The fact remains it is illegal to send counterfeit items through the mail. Apparently this law was revised in 2010.
[h=3]Nonmailable Items Prohibited in All Outbound International Mail[/h]
Consistent with UPU Resolution 20.15.6, the revision to IMM 136.3 to make counterfeit and pirated articles non*mailable is intended to reduce the circulation of such arti*cles between UPU members. The prohibition also illustrates that UPU members actively support the World Customs Organization’s current campaign to thwart pro*duction and circulation of counterfeited and pirated prod*ucts such as dangerous toys and electrical items, dangerous counterfeit medicines, and those counterfeit branded goods that do economic harm to domestic and international companies. Consequently, IMM 136.3 codi*fies that counterfeit or pirated articles are nonmailable in any classification of outbound international mail.
[h=3]Nonmailable Items Prohibited in All Outbound International Mail[/h]
Consistent with UPU Resolution 20.15.6, the revision to IMM 136.3 to make counterfeit and pirated articles non*mailable is intended to reduce the circulation of such arti*cles between UPU members. The prohibition also illustrates that UPU members actively support the World Customs Organization’s current campaign to thwart pro*duction and circulation of counterfeited and pirated prod*ucts such as dangerous toys and electrical items, dangerous counterfeit medicines, and those counterfeit branded goods that do economic harm to domestic and international companies. Consequently, IMM 136.3 codi*fies that counterfeit or pirated articles are nonmailable in any classification of outbound international mail.
Once they've got your parcel you are screwed. But they've surely got to make sure its counterfeit before it's destroyed though, right? Surely if you say you want proof its counterfeit they'd have to do it.
Mike
Mike
Yes I see your point but at this stage would you really want them to prove it, knowing all the while that it was counterfeit. I think at this point as far as the P.O. is concerned it would be best to just cut ones losses and figure something out with the dealer.
I dunno. I think if I get one of these I'm going to the PO with a receipt for services rendered by hangzhou watch repair and used auto parts with serial #s listed (from qc photos). If they want to claim its counterfeit I'll ask them to explain the difference between counterfeit and having aftermarket upgrades done to an older watch.
Maybe. Or ill chicken out.
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Maybe. Or ill chicken out.
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