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U.s. Customs With Gen Rolex Question


aeroguy

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I posted this on a gen forum but thought I'd ask here since you guys always seem to have the answers ;)

I've been living in China for the last two years and in that time I've purchased two new Rolex watches (ExpII & Sub LV). I've brought the ExpII into the US on a visit and I paid the duty (I keep the duty receipt with me).

If I bring both watches back with me on my next trip to the US, am I at risk of having both confiscated when I pay my duty for the LV? I'll have both watches with me, one has duty already paid and the other one I will have to pay duty.

From US Customs web site:

"The Rolex trademark recordation with Customs indicates "Import of Goods Bearing Genuine Trademarks or Trade Names Restricted." This means that genuine Rolex products can only be imported with the permission of the trademark owner, Rolex Watch U.S.A. Inc. A private individual can hand carry one Rolex watch from a trip overseas without obtaining permission. Bring in more than one, and they will all be seized as a trademark violation. Purchasing a Rolex from overseas by mail is also a trademark violation

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I highly doubt you are at risk. Pack the one with the duty receipt and wear the new one you are going to pay duty on anyhow. Alternatively, if you are really concerned ship the one with duty already paid so if Customs actually grabs it you have that receipt. I routinely carry more than one watch in and out of the US. You can't expect a man to go more than a day without bringing a spare watch or two. :lol: I suppose it would also depend where you are landing. The legendary Rolex hassle states are Texas (ever hear the phrase "Rolex - Timex of Texas" :D) and to a lesser extent Florida.

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If I bring both watches back with me on my next trip to the US, am I at risk of having both confiscated when I pay my duty for the LV? I'll have both watches with me, one has duty already paid and the other one I will have to pay duty.

From US Customs web site:

"The Rolex trademark recordation with Customs indicates "Import of Goods Bearing Genuine Trademarks or Trade Names Restricted." This means that genuine Rolex products can only be imported with the permission of the trademark owner, Rolex Watch U.S.A. Inc. A private individual can hand carry one Rolex watch from a trip overseas without obtaining permission. Bring in more than one, and they will all be seized as a trademark violation. Purchasing a Rolex from overseas by mail is also a trademark violation

I don't know, but that nonsense winds me up, and I suspect that the government is out of line on this one. The following is a verbatim copy of my correspondence to the US Customs Service.

______________________________________

A discussion on one of the newsgroups I belong to struck me as very odd, but I find that the statement that was quoted and attributed to you does indeed exist on the USCS web site.

I am a former Special Agent, United States Department of the Treasury, and I cannot imagine how it could be unlawful for anyone to buy a genuine Rolex from anyone, anywhere for their own personal use and I do not have a clue what law would allow RolexUSA to exercise that kind of control over US Citizens - especially in light of the fact that there has been an injunction in place since 1960 prohibiting RolexUSA from engaging in this sort of conspiracy to control prices by unlawful restraint of trade.

On October 19, 1954, the United States filed an anti-trust complaint in the United States District Court, Southern District of New York, under Section 1 of the Sherman Act, 15 U.S.C. § 1, alleging a wide-ranging conspiracy between Swiss and United States watch companies to fix prices, terms, and conditions of the sale of watches and watch parts, restrict the manufacturing of watches and watch parts in the United States, and control the export of watches and watch parts into the United States. The complaint named more than twenty defendants, including Rolex's predecessor ­ the American Rolex Watch Corporation.

On March 9, 1960, the United States, and eleven of the defendants named in the complaint (all of whom were United States importers of Swiss watches or watch parts), including the American Rolex Watch Corporation, entered into the Final Judgment.

I would appreciate it if you would review the facts of this ongoing case as presented on my web site at http://www.fraudsandscams.com/Rolex/Rolex.htm and explain to me how it is that the USCS appears to be acting as the enforcement arm for a private corporation, apparently enforcing the very conduct and activities that the US DOJ has determined to be illegal.

The following statement appears on your web site and I am soon to include it on mine, along with the fact that I have submitted this question to you.

The Rolex trademark recordation with Customs indicates "Import of Goods Bearing Genuine Trademarks or Trade Names Restricted." This means that genuine Rolex products can only be imported with the permission of the trademark owner, Rolex Watch U.S.A. Inc. A private individual can hand carry one Rolex watch from a trip overseas without obtaining permission. Bring in more than one, and they will all be seized as a trademark violation. Purchasing a Rolex from overseas by mail is also a trademark violation.

[END QUOTE]

Specifically, I would like to know what it is that the USCS would charge me with if, for some disturbed reason that I cannot begin to imagine, I elected to order one of those ridiculously overpriced watches from a foreign source or perhaps, having completely lost my mind, bought two for my own personal use while overseas.

I would very much appreciate an answer to this question as I do intend to publish it on my web site.

Cordially,

Bill XXXXXXXXX

[Address]

[Phone]

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I plan on sending my MBW 16610 & LV to The Zigmeister. SHould I pack both watches together or seperately? This is going from the US to Canada.

I know that many people have sent their watches to The Zigmeister from the US. Has anyone experienced any custom horror stories?

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I routinely fly into and out of the US with multiple watches ( I originate in the US ). I've bought watches overseas and I think you might be interested to know that import duties on a single watch bought overseas is very low if it has a Swiss automatic movement in it. Earlier this year I bought an Omega Seamaster in Singapore and my duty when I re-entered the US was $11 on a $1400 watch ( nice :> ).

Now on a couple of occasions when I hit LAX from China I have been queried about the watch on my wrist and was asked specifically if I bought any real or fake handbags, shoes, CD's, or watches on my trip. I usually have 2 or 3 watches in my travel bag and one my wrist. I've never had any issues. And sometimes there are two Rollies or Pollies :>

Mac

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Frankly, I think that is complete [censored], and I suspect that some [censored] put it on there as a favor to Rolex. If that's the case, Internal Affairs should be looking into it.

Bill

As I suspected - it is [censored].

First, the filing by Rolex with the Customs Service specifically authorizes the importation of TWO watches for personal use.

Second (and I have just read all the related cases available via Lexis-Nexis, including Rolex v WalMart) there is no case - NONE - involving an individual making an international purchase for personal use. Someone apparently pulled that crap out of their ear.

In fact, if you google that specific language used on the Customs web site, you will find that it occurs no place else except there, and watch sites that quote it.

Personally, I find it very curious that RolexUSA has somehow managed to have the US Customs Service pubicly provlaim that US Citizens cannot buy a Rolex from anyone but them when I can find nothing whatsoever to support that.

Bill

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