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BH
BH, Attorney
Category: Business Law
Satisfied Customers: 313
Experience:  NY and CA Attorney 8+ Years
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I want to ship ladies brand name pocket books and watches ie:

This answer was rated:

I want to ship ladies brand name pocket books and watches ie: Michael Kors, Coach, to the Philippines in small quantities (15-20 pc's) per month. Is this legal and am I violating any type of law?

BH :

That depends on several factors. Are you buying them at retail locations or wholesale? Are you buying them for personal use or to sell?

BH :

Also, are you purchasing the products directly from the manufacturer?

BH :

I have to step out of this chat for a bit but I will be back.

Customer:

I am buying from retail locations, I am buying them in America, and selling in the Philippines to make a profit.

Customer:

hello

BH :

If you are buying at retail locations, the first sale doctrine allows you to resell a product that you own. However, if you buy them from the manufacturer you will run into contractual issues. You may also have other issues that I am not aware of in the Philippines though such as importation laws.

BH :

Let me see if I can do some research on that.

Customer:

should i wait, will you return in a few minuets

BH :

Feel free to wait or come back

Customer:

are you now researching the importing regulations to the phil?

BH :

Yes. Here is more information on importing to the Philippines: http://www.dti.gov.ph/dti/index.php?p=196

BH :

However, I am unsure of what is considered "importation" if it is based on quantity or just on the fact that you are reselling

BH :

Since I am not familiar enough with the laws of the Philippines, I am going to opt out of this question and allow another expert to answer as I do not want to give you any incorrect information. My apologies.

Customer:

i will gladly give you a bonus if you can interpret the importation answer. i have been to the web site you sent and too difficult for me to interpret.

Customer:

are you still there and researching my answer?

Customer:

is anyone researching?

Customer:

are you there

BH :

My interpretation of the law is that if you are purchasing a product, shipping it to another country to resell then you will need to register as a business in that country and follow their procedures. This likely will come with a cost.

Customer:

you left the chat without asking are we finished. i am still waiting for the importation answer

BH :

That is because I opted out since I am not an expert in the law of the Philippines. I opted back in because I saw that no one picked up the question and you were unclear as to what had happened.

BH :

If you would like I can continue helping you or I can leave and allow another expert to answer.

BH :

The information that I found suggests that if you are importing a product for resale you will need to register as a business in the Philippines. Do you have a business there? How will you be selling the products there?

BH :

The other thing that you should be aware of is that companies such as Coach will try to stop you from selling if you are not an authorized distributor.

Customer:

the second question is as much a part of the answer i need to know. i chose to pay you more than 3x what i have ever paid this service before. i would hope to receive a full answer.

BH :

While the first sale doctrine in the US will allow you to purchase a product and resell it, the company tries to stop people from doing so based on the amount of counterfeiting happening.

Customer:

ok, but that does not answer my question. i obviously cannot send counterfit products anywhere.

BH :

The product may be stopped at the border when it is shipped to the Philippines and they could ask for a certificate of authenticity.

BH :

I am just giving you information.

BH :

As I said before, from the information that I saw online regarding importation of products in the Philippines, you will need to register with the government and pay the necessary importation fees.

BH :

I do not see any information on exemptions.

BH :

Your best bet would be to contact the Bureau of Importation to confirm:

BH :

Bureau of Import Services
3F Tara Bldg., 389 Sen. Gil Puyat Ave., Makati City
Director's Office
Tel. No.: (+632)(NNN) NNN-NNNNbr/>Fax: (+632)(NNN) NNN-NNNN/p>

BH :

Again, I am giving you the most information that I have. And since I do not want you to spend money on an incomplete answer, nor give me a bad rating, I would prefer to opt out and let another expert answer. Is that okay with you?

BH :

Please advise.

Customer:

you have done a good job. i will give you a good rating.

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