Is Pre-Owned Rolex Import/Export In/Out of the US still banned?

[OmegaBear]

looking at a decent rolex on ebay hailing from brazil.
aware that in the past Rolexes arriving into the US by (air)mail have been destroyed pursuant to rolex exercising its IP rights on US soil, etc
is this still the case today or no?
thx in advance for any input!

[slorollin]

This is just me, but I never deal with any vendor not in the U.S. for purchases over $100. Too much can go wrong. What legal resources can you bring to bear overseas? An exception would be someone with a rock-solid reputation to uphold or past positive transactions. Then there are U.S. and the other countries' customs agencies to navigate. What would you do if Customs seizes the watch? You manage to wade through 6 miles of red tape, pay the duty and then discover you've been sent a knock-off all to save a few simolians. YMMV, good luck. Next thing you know, your baby is born with a huge head because your wife has the Zika virus from all of the skeeters they packed in with your new, plastic Rolex. And even this could be a good thing if your family is in the hat business. You will be able to leave negative feedback, however. Just sayin'.....

[THC]

MAN ..... eBay, Brazil, Rolex in same sentence? NOOOOOOOOOO

Tons of trusted sellers here on TRF, as well as probably near you wherever you are. You have no recourse, if your Brazilian is a scammer

[dexvd]

As a Canadian considering purchasing Rolex watches from US sellers I am curious as to what the current situation is.

[kilyung]

The last time this topic came up, it seemed like the rules may have changed. However it is ultimately the buyer's responsibility (and risk). I would never rely on the opinions of people who may have never gone through the process. Even then, I'd be very leery.

[Speed]

Is the watch so special / rare that you'd wouldn't just buy elsewhere? To me "decent" indicates the watch is just garden variety.

[iliketime]

i wouldnt ebay a rolex on principle, ive already messed up once and had to send it back. i thank everyone on this forum for pointing me in the right direction. Atleast this seller was near me, within driving distance, Brazil? fuhget it about it

[speedolex]

Originally Posted by kilyung

The last time this topic came up, it seemed like the rules may have changed. However it is ultimately the buyer's responsibility (and risk). I would never rely on the opinions of people who may have never gone through the process. Even then, I'd be very leery.

I found a gorgeous 1016 in London back in March and the seller who owns a shop on Oxford Street told me he would not ship to the United States because of customs issues and the high risk associated with it.

[Touring]

Originally Posted by dexvd

As a Canadian considering purchasing Rolex watches from US sellers I am curious as to what the current situation is.

No restrictions on Rolexes coming into Canada; it's Rolexes being shipped/imported into the U.S. that has been problematic in the past...and possibly still is.

[brandrea]

Originally Posted by Touring

No restrictions on Rolexes coming into Canada; it's Rolexes being shipped/imported into the U.S. that has been problematic in the past...and possibly still is.

This is my understanding as well. As a Canadian you can legally import a Rolex from the US, provided you pay the taxes and duty

[dexvd]

Originally Posted by Touring

No restrictions on Rolexes coming into Canada; it's Rolexes being shipped/imported into the U.S. that has been problematic in the past...and possibly still is.

Originally Posted by brandrea

This is my understanding as well. As a Canadian you can legally import a Rolex from the US, provided you pay the taxes and duty

Great, I bought my 1625 off of Ebay from the states a few years ago and didn't have problems but since then have wondered if I had just got lucky and it had slipped under their radar, or if because it was old or pre-owned was okay.

[77T]

Originally Posted by OmegaBear

looking at a decent rolex on ebay hailing from brazil.

Welcome to the forum!
And I'm way OT here, but you made me smile with the most interesting use of Brazil, eBay and Rolex in a single sentence.

Please say you will check TRF classifieds for the American model you're seeking from a trusted seller

[dera]

No problems shipping Rolex watches to the US. This is backed by the CBP website, and my personal experience. Things have changed since the 2009 ruling.

[bgbg13]

Found this:

Looks like from this source, bottom line is no on anything with the crown logo since 2015....

Crown & Caliber

0
How Do You Import a Rolex Watch Into the United States?

Answer: You could not… until recently. In 2013, we interviewed the head attorney at the US Customs IP Branch (who asked not to be named in this article) who did her best to explain this question, which has appeared throughout the watch enthusiast community. Her simple answer was that you could own a Rolex watch, but Rolex still owned the Rolex logo. A Rolex watch, both new and pre-owned, could not be shipped into the United States because Rolex had a Gray Market Patent Protection which said that Rolex USA still owned the Rolex logo and could restrict the transfer of any watch with the Rolex logo. Rolex was the only company that had this patent protection.

Source:

https://www.crownandcaliber.com/watc...-united-states



These Rolex logos must be removed in order to allow the importation of this Rolex watch into the United States.
However, it appears that these restrictions have been lifted as of early April. After speaking with two different U.S. Customs officials, we have received confirmation that Rolex watches, both new and pre-owned, can now be shipped into the United States and the company no longer possesses “Gray Market Patent Protections.” The lift of these Rolex importation restrictions can also be confirmed on the U.S. Customs and Border Patrol website. Notice that the page says “NO” to “Gray Market Importations Restricted.” While the officials offered no details and did not elaborate on the matter, it is clear that the restrictions are no longer in place, which means that Rolex watches can now be imported into the United States. We will continue to update this post as more information is presented to us.

— End Update — [The below information was accurate prior to the lift of these importation restrictions. This article was updated May 21, 2015.]
If a dealer ever says that it is perfectly legal to import a Rolex watch into the United States, they are incorrect. The only ways that a Rolex watch can enter the United States is if it is on the wrist of the individual, limited to one Rolex per person. Another way to import a Rolex watch in the United States is if the Rolex logo on the watch has been destroyed. Rolex logos are usually located on the dial, crown, clasp, etc. Every one of these logos must be removed before the watch can pass through US customs. Also, a Rolex watch can be imported into the United States with permission from Rolex USA, which does not happen too often.



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[Star Ferry]

Originally Posted by THC

MAN ..... eBay, Brazil, Rolex in same sentence? NOOOOOOOOOO

Tons of trusted sellers here on TRF, as well as probably near you wherever you are. You have no recourse, if your Brazilian is a scammer

On ebay, using Paypal, isn't it relatively easy to get the money back?

[hijueputa]

Originally Posted by Star Ferry

On ebay, using Paypal, isn't it relatively easy to get the money back?

Why take the risk with such a significant purchase :-)?

I would rather pay a little more and be comforted by the fact that buying locally or from a more reputable buyer give me piece of mind.

[XZACM102]

Sometimes I wonder how the grey dealers here import all the new watches sold by EURO Rolex AD's.
Or do they use embassy attaché who brings suitcase full of Rolex watches every now and then ?

[speedolex]

Originally Posted by bgbg13

Found this:

The only ways that a Rolex watch can enter the United States is if it is on the wrist of the individual, limited to one Rolex per person.

Wow, so if I am a Rolex collector and travel overseas for two weeks and want to bring a Sport model and a Dress model for different leisure/business occasions I would be at risk for having one confiscated?

[bgbg13]

Originally Posted by speedolex

Wow, so if I am a Rolex collector and travel overseas for two weeks and want to bring a Sport model and a Dress model for different leisure/business occasions I would be at risk for having one confiscated?

Not sure. Just found that with Google. No idea if it's fact or not.
Might be best to call/email customs and just ask

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[qadhi]

There are no import restrictions according to the US Customs website

check this
http://iprs.cbp.gov/index.asp?action...earchArg=rolex

and this
http://iprs.cbp.gov/index.asp?fi=2&a...earcharg=rolex

[OmegaBear]

ty gadhi and dera for the definitive confirmation that indeed all is well now. and ty for all the kind wishes and concern about me getting burned on a sao paulo special-not to worry! i'm not buying any overseas-based rolexes. actually, i already have my grail rolex for a while now. here on TRF to enjoy the great pics and chat! :)

[HERITAGE82]

It is no longer banned.

[mrfreaz]

Here is the simple, logical reason Rolex was finally stripped of the heavy-handed protection they improperly sought:

1. The foreign trademark was applied by the foreign owner who is the same as the U.S. owner, (or a de-facto subsidiary or controlled entity.)
2. The domestic and foreign goods which bare the same name or mark are physically and materially identical.

Alas, it is an all too rare example of them being told being told to pound sand, instead of being allowed to run rampant and get away with unfair business practices! Here, Here... score one for dealers and consumers!

[Andad]

Old thread and you need to bear up.

If the ‘rules’ had not been changed you might not have the volume of Rolex watches available from grey dealers over there.

[mrfreaz]

Actually, the rules never "changed." Rolex just got busted. Not the first time, part of a pattern since 1962. It seems that they expect the law to be followed only when it suits them...

As far as the grey market goes with the resultant price gauging and loss of warranty coverage, Rolex themselves and Authorized Dealers are the ones to blame. They've made it hard for the average customer to buy a watch, but sell them in bulk to scalpers ("preferred customers").

------------------------
In 1990:
United States District Court, S.D. New York Dec 17, 1990745 F. Supp. 982 (S.D.N.Y. 1990) Shaw v. Rolex Watch U.S.A., Inc.
In this action, the plaintiff alleges that the defendants [Rolex Watch USA, Inc.] unlawfully engaged in a conspiracy to prevent the unauthorized importation of Rolex watches. 19 U.S.C. § 1526(a) allows the owner of a registered trademark to prevent the unauthorized importation of products bearing that trademark. When a copy of the trademark registration is lodged with the United States Customs Service ("Customs"), Customs will seize trademarked goods imported by someone other than the trademark owner. When the goods are made by a foreign trademark owner which is under common ownership and control with the United States trademark holder, the protections of this section are UNAVAILABLE. See 19 C.F.R. § 133.21(c)(2). Plaintiff asserts that defendants [Rolex Watch USA, Inc.] falsely claimed in statements submitted to United States Custom officials that they were not under common ownership or control with the owner of the Swiss registration, [Montres Rolex, SA.].

In 1962:
Rolex was determined to be a member of a Swiss Cartel in a conspiracy to unreasonably restrain the importation, exportation, manufacture, and sale of watches and watch parts in the United States in violation of Section 1 of the Sherman Act. Id. at 77,456.

In 1996:
After an investigation of Rolex's repair parts policies, the United States concluded that Rolex was not abiding by the terms of the Final Judgment, and thus was in civil contempt, since about 1996. Accordingly, in a related filing, the United States petitioned the Court for Defendant Rolex Watch U.S.A., Inc. to be Found in Civil Contempt and for entry of a Settlement Agreement and Order requiring Rolex to pay $750,000 to the United States.