Part Three


Think you are covered because YOU didn't import it? WRONG!
If the made in China label is removed on an item you are selling YOU are the one in trouble if reported and YOU are the one who can/will be prosecuted

Does it have USA marked on it, but it is not made in USA?
You better NOT sell it unless the following is covered!

Sec. 134.4 Penalties for removal, defacement, or alteration of marking.

Any intentional removal, defacement, destruction, or alteration of a marking of the country of origin required by section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), and this part in order to conceal this information may result in criminal penalties of up to $5,000 and/or imprisonment for 1 year, as provided in 19 U.S.C. 1304(h). [T.D. 72-262, 37 FR 20318, Sept. 29, 1972, as amended by T.D. 90-51, 55 FR 28191, July 10, 1990]

Sec. 134.46 Marking when name of country or locality other than country of origin appears. In any case in which the words ``United States,'' or ``American,'' the letters ``U.S.A.,'' any variation of such words or letters, or the name of any city or location in the United States, or the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced appear on an imported article or its container, and those words, letters or names may mislead or deceive the ultimate purchaser as to the actual country of origin of the article, there shall appear legibly and permanently in close proximity to such words, letters or name, and in at least a comparable size, the name of the country of origin preceded by ``Made in,'' ``Product of,'' or other words of similar meaning. [T.D. 97-72, 62 FR 44214, Aug. 20, 1997]

In other words those import fakes that have Roseville USA or Hull USA or just USA, and do not have a permant mark showing the country of origin can and will get the eBay seller in trouble.

Part Four Coming next

Part Five

MARKING - See: Article 311, Annex 311, 19 CFR 102, 134, and 174
6. Merchandise Found Not Legally Marked

In cases where merchandise is imported which does not comply with marking requirements, Customs may issue a Customs Form 4647 Notice of Marking (or a Notice of Redelivery if the goods have been released), impose marking duties, seize such merchandise, or establish claims for liquidated damages and/or claims for monetary penalty. The action taken depends on the individual circumstances surrounding the import transaction. Generally, cases involving failure to comply with marking requirements fall into one or more of the following four categories:

The merchandise is not properly marked at the time of entry.
There are false, deceptive and/or misleading markings on the imported merchandise and/or its containers.
There is a false certification that the imported merchandise and/or its container are properly marked, or there is a failure to notify subsequent purchasers or repackers of the marking requirements.
The imported merchandise and/or its container comply with the marking requirements at the time of entry, but there is subsequent removal or alteration of the marking.

3. ADVANCE RULINGS - See: Article 509, 19 CFR 181, Subpart I
I. INTRODUCTION

The U.S. Customs Service strongly urges all parties engaged in transactions relating to the importation of goods into the United States to obtain binding advice from the U.S. Customs Service prior to undertaking that transaction. In the case of importations under the NAFTA, guidance can be obtained by requesting an advance ruling in accordance with Part 181, Subpart I of the Customs Regulations.

Here is a source about fakes & reproductions:

Link

Who has others?

Link (another glass site)

Muttering about closing tags
A little "quirp" I found
"The original McCoy Pottery Company never copyrighted their trademark. Although the company was sold in 1985 to Ralph Porto, he did not register the name as a trademark until 1991, a year AFTER the company (then called Designer Accents) closed its doors in 1990.

There is some confusion at this point. The name was also registered as a trademark in 1992 by Roger Jensen of Tennessee. Jensen, with his company called, "The New McCoy Pottery", had been using the McCoy mark on many cookie jars that he was producing. One of these cookie jars is the Little Red Riding Hood shown above. Facing the controversy over the trademark, Jensen ceased using the "McCoy" mark and began marking his jars, "Brush-McCoy". Again, this was challenged and as of 1997 Jensen is no longer LEGALLY able to use the word McCoy in any manner on his jars. His jars, IF marked, bear the marking of "B.M. Hull."

A note also on the Hull marking. Apparently he or others have moved on with this by producing fake Hull items now found on eBay, Such as the wallpocket that is marked Hull but does not have the flower decoration at the hole, a few other items that were never produced by Hull, and the coloring, quality and glaze are terrible on all of them!

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Good idea to give links to fake and repro sites for both pottery and glass.

How about we gather them all together in one post every once in awhile to make it easier on the persons searching

Fakes, Knockoffs, Reproductions and other information to help you follow the time-honored admonition:
Link

Link
Jadite Reproductions and Fantasy Items

Just Plain FAKE
Link

McCoy FAKE Little Red Riding Hood Cookie Jar
Link


One on Iris and Herringbone (Glass)
Link

another glass site
Link

FAKE COOKIE JAR ALERT
Link

Fake, Reproduction & Commemorative Commercial China
Link

Is it FAKE or REAL
Link

RECENT Shelley Chintz FAKES
Link

Fakes ROSEVILLE
Link

Fakes ROSEVILLE
Link

Hull wallpocket fake alert
Link

Auntie - Zowie! What a lot of research you did, and some excellent information. I am glad to see the links which you (and others) posted as well.

As a serious collector, it breaks my spirit to hear of new potential collectors who got ripped off by unscrupulous sellers of reproduction goods. Thank goodness that those butt-ugly repros didn't exist back in 1984 when I picked up this little green vase I thought was cute. Turns out that was my first piece of Roseville, but certainly not my last.

Having said this, thank you again for taking the time to teach all of us. Your posts to this board are always educational.

Natalie