ENFORCEMENT
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Joint Strategic Plan on Intellectual Property Enforcement<br />
FIG. 28: Examples of Seized Counterfeit Automotive Parts.<br />
Engine and Drivetrain<br />
Spark plugs can overheat and<br />
may lead to fire; oil filters can<br />
cause sudden engine failure<br />
Glass<br />
Improper glass may not<br />
adequately protect passengers<br />
from projectiles during normal<br />
driving conditions<br />
Body and Structural<br />
Vehicle hoods designed<br />
without crumple zones<br />
may penetrate the<br />
passenger compartment<br />
in a crash<br />
Headlights and Taillights<br />
Low-quality materials and<br />
improper sealing may lead<br />
to moisture intrusion and<br />
damage causing failure<br />
or malfunction<br />
Suspension System<br />
These parts made of<br />
substandard materials<br />
have shown higher<br />
rates of failure<br />
Airbags<br />
Have been found to<br />
improperly deploy, or<br />
not deploy at all<br />
Brakes<br />
Have been found to be<br />
made of grass clippings<br />
and saw dust<br />
Wheels<br />
Compromised structural<br />
integrity by cracking after<br />
hitting a pothole at just<br />
over 30 mph<br />
Source: a2c2<br />
SECTION 1<br />
Recent enforcement operations suggest that the<br />
counterfeit auto part trade is large and growing. 108 During<br />
one inspection at Florida’s Port Everglades on May 8,<br />
2015, CBP officers and import specialists seized more<br />
than 3,260 counterfeit automobile parts, comprised of a<br />
diverse collection of over 180 different types of vehicle<br />
parts ranging from small fuses to entire front ends. 109<br />
As these industry examples illustrate, entities<br />
behind the manufacture, distribution, advertising,<br />
and sale of counterfeit products are not concerned<br />
about public health and safety. These entities share a<br />
devotion to generating illicit profits at all costs, while<br />
remaining recklessly indifferent to the actual injuries<br />
and potential risks to life that can come from their<br />
imitation of personal care products, pharmaceuticals,<br />
consumer electronics and electrical components, and<br />
automotive parts.<br />
3. Threatens the Environment.<br />
Environmental offenses are often treated in isolation from<br />
other types of serious crimes, including trade in counterfeit<br />
goods. That may be due in part to separate agencies<br />
having responsibility for the protection and conservation<br />
of the environment, trade enforcement, and national<br />
security. A broader view and greater coordination would<br />
be beneficial to adapt to today’s more sophisticated<br />
environment of global illicit trade.<br />
The environmental costs of counterfeiting are often<br />
understated, but cannot be ignored. Counterfeit products<br />
are often accompanied by environmentally-damaging<br />
consequences, either at the time of manufacture, the<br />
time of use, or the time of disposal. With respect to<br />
counterfeit manufacturing practices, the United Nations<br />
Office on Drugs and Crime (UNODC) has reported that<br />
while responsible manufacturers try to improve their<br />
environmental impact standards, “counterfeiters enjoy<br />
the cost savings of dirty production. In short, anywhere<br />
that the international community attempts to establish<br />
good practice standards for industry, counterfeiters<br />
undercut them.” 110<br />
Furthermore, the use of counterfeit agrochemical<br />
products appear to be significant and on the rise. 111<br />
Unregulated fertilizers or pesticides have destroyed<br />
harvests and poisoned farmland. 112 These products pose<br />
serious environmental risks, including infecting food<br />
chains and harming ecosystems. For example, counterfeit<br />
fertilizers have been reported to have caused serious<br />
damage and destruction of harvests in large areas in<br />
China, Russia, Ukraine, and Italy.<br />
Counterfeit pesticides exported from China and<br />
India have been found to include toxic ingredients such<br />
as nicotine sulphate, which is deadly to humans, and<br />
has been distributed to unknowing buyers throughout<br />
38