CBP Intellectual Property Rights Enforcement

U.S. Customs and Border Protection operates one of the federal government's most active frontline programs for stopping counterfeit and pirated goods before they enter domestic commerce. This page covers the definition of CBP's intellectual property rights (IPR) enforcement authority, the operational mechanisms officers use at ports of entry, the most common infringing product categories encountered, and the legal thresholds that determine whether a shipment is seized, excluded, or released. Understanding this program matters because counterfeit goods generate documented consumer safety risks and undermine legitimate rights holders across every major industry sector.

Definition and scope

CBP's IPR enforcement authority derives primarily from the Tariff Act of 1930, specifically 19 U.S.C. § 1526, which prohibits importation of merchandise bearing a counterfeit trademark, and from 19 U.S.C. § 1595a, which grants seizure powers over goods imported contrary to law. The program is administered through CBP's Office of Trade, which coordinates IPR policy, and is executed operationally by CBP Officers at the nation's ports of entry.

The scope of protected rights CBP enforces covers three primary categories:

1. Trademarks — registered marks recorded with CBP through the CBP e-Recordation system, administered under the trademark provisions of the Lanham Act (15 U.S.C. § 1124).
2. Copyrights — registered works recorded with CBP, covering software, audiovisual works, and printed materials under 17 U.S.C. § 602.
3. Trade secrets and circumvention devices — goods that violate Section 337 of the Tariff Act, adjudicated by the International Trade Commission (ITC) before CBP enforces exclusion orders.

Rights holders must proactively record their IP with CBP to receive the highest level of border protection. As of the CBP FY 2023 Intellectual Property Rights Seizure Statistics report, CBP made 24,561 IPR seizures with a domestic value of approximately $2.76 billion.

How it works

CBP Officers identify potentially infringing shipments through a layered process that begins before cargo arrives in the United States.

Pre-arrival targeting uses the Automated Commercial Environment (ACE) system to flag shipments based on risk indicators including country of origin, importer history, declared value anomalies, and commodity type. ACE cross-references manifest data against recorded IPR records in real time.

Physical examination occurs when a shipment is flagged. Officers compare goods against authentication guidelines provided by rights holders who have recorded their IP. CBP maintains a secure online portal — the Intellectual Property Rights e-Recordation (IPRS) system — where brand owners upload product images, security features, and regional distribution authorizations. This documentation allows officers to distinguish genuine goods from counterfeits without requiring a brand representative on-site.

Interagency coordination escalates complex cases. CBP works with U.S. Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSI) on criminal trafficking networks, and with the ITC when a Section 337 exclusion order is in effect. The National Intellectual Property Rights Coordination Center (NIPRCC), co-led by HSI, serves as the interagency hub for intelligence sharing.

Once a seizure is executed, CBP issues a Notice of Seizure to the importer. The importer then has the option to abandon the goods, contest the seizure through the CBP administrative appeals process, or petition for relief under 19 C.F.R. Part 133.

Common scenarios

CBP's FY 2023 seizure statistics identify consistent patterns in counterfeit trade flows. The following product categories accounted for the majority of seizures by domestic value:

• Wearing apparel and accessories — the single largest category, frequently originating from China and Hong Kong SAR
• Watches and jewelry — high domestic value-to-weight ratio makes this category attractive for smuggling
• Handbags and wallets — luxury brand counterfeits distributed through mail and express consignment channels
• Consumer electronics and parts — counterfeit chargers and batteries present documented fire and electrocution hazards
• Pharmaceuticals and personal care products — seizures in this category trigger coordination with the FDA under the Lanham Act and the Federal Food, Drug, and Cosmetic Act

Mail and express consignment shipments — small parcels shipped directly to consumers — represent a structural challenge. CBP has noted that e-commerce platforms have shifted counterfeit distribution toward the de minimis threshold (shipments valued under $800 exempt from formal entry under 19 U.S.C. § 1321), which reduces visibility into manifest data. Congress and CBP have proposed reforms to this threshold specifically because of IPR and forced labor enforcement gaps it creates.

Decision boundaries

Not every shipment containing a potentially infringing mark results in seizure. CBP applies several decision thresholds:

Counterfeit vs. gray market goods — Gray market (parallel import) goods bear a genuine trademark but are imported without the rights holder's authorization for that market. Under the K Mart Corp. v. Cartier, Inc. decision and CBP's implementing regulations at 19 C.F.R. § 133.23, gray market goods may be allowed entry with the trademark obliterated, depending on whether the foreign and domestic marks are owned by the same entity or affiliates. Counterfeit goods — those bearing a spurious mark identical to or substantially indistinguishable from a registered mark — are subject to mandatory seizure with no obliteration option.

Recordation requirement — A trademark or copyright not recorded with CBP receives no automatic protection. Officers may still detain unrecorded goods if other law applies, but the evidentiary tools available to officers are significantly reduced without a recorded IP right.

Personal use exemption — 19 C.F.R. § 148.55 permits importation of a single counterfeit article for personal use, not for resale, under limited circumstances. Commercial quantities receive no such exemption regardless of the importer's stated intent.

Section 337 exclusion orders — When the ITC issues a general or limited exclusion order, CBP is bound to enforce it at all ports. The scope of the order — general (all sources) versus limited (named respondents only) — determines how broadly CBP applies the exclusion. More information on CBP's broader enforcement powers is available on the CBP Authority home page.