The Gray Blog

U.S.Customs and Border Protection is in the midst of a crackdown against portable music players that contain a variation on the game Tetris. Dozens of seizures have already taken place involving thousands of such players many of them in-transit to Latin America. The basis for the seizures has generally been “counterfeit version of Tetris software.” It appears from some reports, however, that in some cases the software may be infringing but not necessarily counterfeit. Due to the large number of seizures, Customs still has not issued decisions on pending petitions. If your client is purchasing MP4 or MP3 music players abroad, have them confirm that the players do not contain a Tetris variation before importing into the U.S. for domestic consumption or transshipment.

Many countries in Latin America have laws on the books requiring “registros sanitarios” or “sanitary certificates” for products which are ingested or which come in contact with the human body. Such products generally include drinks and food products but also perfumes and cosmetics. These laws are generally administered by the department of sanitation for the country. The stated purpose of the sanitary certificate is to provide a vehicle to track a product back to its source in the event of adverse reactions. A side effect is that, where these regulations are enforced, they provide an effective tool against parallel market products. In order to obtain a sanitary certificate you must be the manufacturer of the product or his authorized agent. Furthermore, you must disclose ingredient information for the products. Once the sanitary certificate is issued, only products imported by the owner of the sanitary certificate are generally allowed to circulate in the country. Although traditionally lax enforcement has rendered the sanitary certificate an unsatisfactory tool, in recent years various Latin American governments such as Venezuela and Peru have breathed new life into their respective laws. With stronger enforcement the sanitary certificate may prove an effective tool against the grey market.