HR-4930-119
Received in the Senate and Read twice and referred to the Committee on Finance.
Sponsored by Blake Moore (R-UT)
What it does
This bill would expand the authority of U.S. Customs and Border Protection (CBP) to share information about suspected counterfeit or pirated imported goods with trademark and copyright owners and other interested parties. It would broaden who CBP can ask for help (from named rights holders to any party with an interest in the merchandise), widen what information can be shared (adding images and details of packing materials and containers), and lower the legal threshold for requesting assistance from "suspects" to "has reasonable suspicion." It would also allow CBP to share nonpublic data obtained from online marketplaces, freight forwarders, express consignment operators, and similar entities with the relevant rights holders, with a required notification to the recipient.
Who benefits
Trademark and copyright owners — including U.S. manufacturers, entertainment companies, software developers, luxury goods brands, and pharmaceutical companies — who would gain faster access to more detailed information to identify counterfeits. Small businesses whose products are frequently counterfeited. U.S. consumers who may be protected from counterfeit goods that pose safety risks (e.g., fake medications, electronics). CBP, which would gain broader investigative partnerships. Domestic industries that compete with cheaper counterfeit imports.
Who is hurt
Importers and foreign sellers whose shipment data — including nonpublic commercial information obtained from online marketplaces — could be shared with private parties without their consent. Online marketplaces and logistics companies (e.g., freight forwarders, express consignment operators) whose data CBP has collected could be disclosed to third parties. Importers of legitimate goods who may face delays or scrutiny if mistakenly flagged. Privacy advocates concerned about the expansion of nonpublic data sharing with private commercial interests. Small foreign exporters who may lack resources to contest wrongful holds.
Supporters argue
Supporters argue that counterfeit goods cost U.S. businesses an estimated $200–$250 billion annually and that CBP's current information-sharing tools are too narrow to keep pace with sophisticated smuggling networks that exploit online marketplaces and complex logistics chains. They contend that expanding the pool of parties CBP can consult — and the data it can share — directly mirrors how modern counterfeiting operates, where rights holders often have the most current product authentication expertise. Lowering the threshold to "reasonable suspicion" aligns CBP's standard with standard law enforcement practice and would allow faster interdiction before counterfeit goods enter commerce.
Opponents argue
Opponents argue that allowing CBP to share nonpublic commercial data — including information generated by online marketplaces and logistics companies — with private rights holders raises serious due process and privacy concerns, since importers have no notice or opportunity to contest the disclosure before it occurs. They contend that broadening "any other appropriate party with an interest" is vague enough to allow data to flow to commercial competitors under the guise of IP enforcement, and that lowering the legal threshold to "reasonable suspicion" increases the risk of wrongful holds on legitimate shipments, imposing real costs on small importers who lack legal resources to challenge CBP decisions.