Hello,Is it allowed to buy Samsung, Phillips lcd tv's or laptops from Dell from a Dusrtributor in India, and resell them on Ebay and have the wholeseller in India dropship them to end customers in US? While I, the middleman, is in Norway?Thanks
PLEASE DO NOT use the rating system until satisfied. Instead, please click REPLY TO EXPERT to continue our conversation.Hello. This depends on the Indian distributor's agreements with Dell. Often, distributorships are granted on a geographic basis -- and so the distributor would need to check its own legal arrangements with the manufacturer.Another big issue will be certification. Each country has its own program to certify any device that emits even incident RF (radio signals). All computers and screens do so -- and they must be approved by the U.S. Federal Communcations Commission (FCC) to ensure that their incidental radio frequency emissions do not cause harmful interference to broadcasts and transmissions of various types.The Federal Communications Commission regularly issues fines to foreign firms that that sell such merchandise through shipment to the U.S.A. when the electronics have not been approved by the FCC. While it may be difficult to enforce such fines against many such sellers, the FCC can often go after assets that may be in the U.S., even if the seller violating US laws is abroad. Thus, if an American company (such as Dell) or a big multinational (such as Samsung or Phillips) has any assets belonging to the company (such as commissions, refunds etc), they might be seized under court order through the U.S. office of the big electronics maker. Customs agents also regularly seize electronics shipped into the U.S. that lacks FCC registration numbers.What this means, is that there are a host of both contractual and regulatory hurdles. While, in theory, it might be legal to ship something to the U.S., such things as contractual obligations and regulatory approval of electronic items must be adhered to. I wish you all the best with your venture.Attorney Wayne41077.1358447106
So distributors from abroad will most likely lack the FCC registration numbers? Can I also face any legal risk in this? Thanks
It is necessary to check with the distributor whether they have units certified for use in the United States or not. I hope you understand that it is impossible to know the odds. I do know that there are many products that are made for one market or another OR even more significantly, units that may still be waiting for FCC approval even though they are already approved in other jurisdictions. I hope you understand that I am being as straight in presenting facts as possible and won't downgrade my rating because of it. Anyone who say anything with certainty as to the odds is not giving good information.In sum, there can be a risk -- as the FCC does go after those that are the point of sale sellers. There have even been fines levied against Canadian firms selling Chinese made goods to U.S. buyers even when the goods approved by Canada's regulators, but still not legal to bring into the U.S.The law and regulation bar "marketing" of unapproved goods.In fact, the FCC is known to troll the web from time-to-time looking for such things.Warm regards,Attorney Wayne41077.6380388079
Practicing Law Since 2000
Hello,Do you know if it is allowed to sell to other Countries as Canda ?
Hello again.Sadly, I am only know US law. I do know Industry Canada has an approval process of its own, but I cannot say more than that.What I might suggest is that you post a new question in our Canada Law category and a Canadian lawyer can respond.Sorry that I'm good at what I do, but not good enough to do it for another country!Again, my best for every success in your venture.
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