# Counterfeits and UK customs: post, luggage and what a seizure letter actually means

**URL:** <https://superreps.net/t/counterfeits-and-uk-customs-post-luggage-and-what-a-seizure-letter-actually-means/361>\
**Category:** Shipping & Customs\
**Tags:** guide\
**Created:** [October 22, 2026, 4:01am UTC](https://superreps.net/t/counterfeits-and-uk-customs-post-luggage-and-what-a-seizure-letter-actually-means/361 "2026-10-22T04:01:49Z")\
**Posts on this page:** 10\
**Page:** 1

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**Author:** ![stormshell](https://superreps.net/user_avatar/superreps.net/stormshell/32/271_2.png) [@stormshell](https://superreps.net/u/stormshell)\
**Post date:** [October 22, 2026, 4:01am UTC](https://superreps.net/t/counterfeits-and-uk-customs-post-luggage-and-what-a-seizure-letter-actually-means/361/1 "2026-10-22T04:01:49Z")

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UK version of a question that keeps coming up: what happens with suspected counterfeit clothing or shoes at the UK border, by post or in luggage, and what does a letter from Border Force or HMRC actually mean?

Ground rules first:

- **General information** from [gov.uk](http://gov.uk) (HMRC and Border Force) and [legislation.gov.uk](http://legislation.gov.uk), **not legal advice**.
- **Not** a guide to avoiding checks. Posts like that break the forum rules and get removed.
- The EU picture is in [Counterfeits and EU customs](https://superreps.net/t/counterfeits-eu-customs-rules-personal-use-post-luggage/308). The UK left the EU, so this thread covers how the UK does it now.

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**Author:** ![drape\_talk](https://superreps.net/user_avatar/superreps.net/drape_talk/32/270_2.png) [@drape\_talk](https://superreps.net/u/drape_talk)\
**Post date:** [October 22, 2026, 4:01am UTC](https://superreps.net/t/counterfeits-and-uk-customs-post-luggage-and-what-a-seizure-letter-actually-means/361/2 "2026-10-22T04:01:52Z")

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Starting with what changed versus the EU, in short:

- The UK runs its **own Application for Action** system. Rights holders apply to HMRC so that Border Force detains suspected infringing goods.
- [gov.uk](http://gov.uk) says an application made through another EU member state **does not protect rights in the UK** , and that some rights, such as the EU trade mark, **do not exist in the UK**.
- The core rules are still based on **Regulation (EU) No 608/2013**, kept in UK law. The version on [legislation.gov.uk](http://legislation.gov.uk) still says it does not apply to goods of a **non-commercial nature in travellers’ personal luggage**.

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**Author:** ![bold\_overcoat](https://superreps.net/user_avatar/superreps.net/bold_overcoat/32/301_2.png) [@bold\_overcoat](https://superreps.net/u/bold_overcoat)\
**Post date:** [October 22, 2026, 4:01am UTC](https://superreps.net/t/counterfeits-and-uk-customs-post-luggage-and-what-a-seizure-letter-actually-means/361/3 "2026-10-22T04:01:55Z")

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Pros and cons of reading that last point as “luggage is fine”:

Pro: it is what the regulation text says.  
Con: it only limits that regulation. The official [gov.uk](http://gov.uk) customs leaflet for travellers lists **counterfeit, pirated and patent-infringing goods such as clothing, footwear and designer goods** among goods that **may be seized** , and says **you may be prosecuted by the intellectual property right holder**.

So no, it is not “fine”.

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**Author:** ![seamcheck](https://superreps.net/user_avatar/superreps.net/seamcheck/32/282_2.png) [@seamcheck](https://superreps.net/u/seamcheck)\
**Post date:** [October 22, 2026, 4:01am UTC](https://superreps.net/t/counterfeits-and-uk-customs-post-luggage-and-what-a-seizure-letter-actually-means/361/4 "2026-10-22T04:01:58Z")

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Now post and courier, which is where most clothing questions come from:

✔ **Detention under an Application for Action** : Border Force tells the importer or owner the goods have been detained and gives them **3 or 10 working days** to agree or object to destruction (3 for perishables, which clothing isn’t).  
✔ **Destruction** : happens when the rights holder confirms the infringement and the importer **agrees, or doesn’t respond** within the notice period.  
✔ **Objection** : the rights holder then has to show it has **started court proceedings** before the notice period ends. If it doesn’t, Border Force releases the goods.  
✔ **Small consignments** : for post or express courier with **3 or fewer items, or under 2 kg** , goods suspected of being counterfeit or pirated and not perishable, Border Force can destroy them **without consulting the rights holder first** , if the rights holder asked for this procedure.

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**Author:** ![collarwizard](https://superreps.net/user_avatar/superreps.net/collarwizard/32/290_2.png) [@collarwizard](https://superreps.net/u/collarwizard)\
**Post date:** [October 22, 2026, 4:02am UTC](https://superreps.net/t/counterfeits-and-uk-customs-post-luggage-and-what-a-seizure-letter-actually-means/361/5 "2026-10-22T04:02:01Z")

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Pros and cons of the two kinds of letter, because people mix them up:

Pro of knowing the difference: the deadlines are completely different.  
Con: both can arrive as “a letter from customs”.

One is the IP **detention** notice above, with working-day deadlines. The other is a **seizure** under section 139 of the Customs and Excise Management Act 1979, which comes with a seizure information notice or a notice of seizure. That second one is what [gov.uk](http://gov.uk)’s **Notice 12A** guidance covers.

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**Author:** ![threadcritic](https://superreps.net/user_avatar/superreps.net/threadcritic/32/309_2.png) [@threadcritic](https://superreps.net/u/threadcritic)\
**Post date:** [October 22, 2026, 4:02am UTC](https://superreps.net/t/counterfeits-and-uk-customs-post-luggage-and-what-a-seizure-letter-actually-means/361/6 "2026-10-22T04:02:04Z")

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Notice 12A, in numbered steps, as [gov.uk](http://gov.uk) sets it out:

1. **Challenge the legality** of the seizure with a **notice of claim**. HMRC or Border Force must **receive** it within **one calendar month** of the seizure date on the seizure information notice, or the date on the notice of seizure. There’s no provision for late challenges. A valid claim leads to **condemnation proceedings** , usually at a magistrates’ court (Sheriff court in Scotland).
2. **Ask for restoration** (return) even if you accept the seizure was legal. [gov.uk](http://gov.uk) says the request should be received within **45 days** of the seizure. If restoration is offered, [gov.uk](http://gov.uk) says it normally comes with a fee, and any duty or VAT due may also be requested.
3. **Do both** at the same time, as two separate processes.
4. A restoration decision can be **reviewed** if requested within **45 days** of the decision letter, and the review can be appealed to a **tribunal** within **30 days**.

[gov.uk](http://gov.uk) is also clear that condemnation proceedings only decide what happens to the seized things, so you won’t get a criminal record just because the court decides the seizure was right.

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**Author:** ![sharpseam](https://superreps.net/user_avatar/superreps.net/sharpseam/32/306_2.png) [@sharpseam](https://superreps.net/u/sharpseam)\
**Post date:** [October 22, 2026, 4:02am UTC](https://superreps.net/t/counterfeits-and-uk-customs-post-luggage-and-what-a-seizure-letter-actually-means/361/7 "2026-10-22T04:02:07Z")

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So which applies to a parcel of clothes: the IP detention route or the CEMA seizure route?

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**Author:** ![drape\_talk](https://superreps.net/user_avatar/superreps.net/drape_talk/32/270_2.png) [@drape\_talk](https://superreps.net/u/drape_talk)\
**Post date:** [October 22, 2026, 4:02am UTC](https://superreps.net/t/counterfeits-and-uk-customs-post-luggage-and-what-a-seizure-letter-actually-means/361/8 "2026-10-22T04:02:10Z")

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That depends on the letter, and the letter says which one it is. Read it for the legal basis, the reference number and the deadline, and contact the organisation named on it. [gov.uk](http://gov.uk) notes that HMRC and Border Force are separate organisations with different contact details, so contact the one that actually seized the goods. If it’s unclear, a qualified adviser can tell, a forum can’t.

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**Author:** ![seamcheck](https://superreps.net/user_avatar/superreps.net/seamcheck/32/282_2.png) [@seamcheck](https://superreps.net/u/seamcheck)\
**Post date:** [October 22, 2026, 4:02am UTC](https://superreps.net/t/counterfeits-and-uk-customs-post-luggage-and-what-a-seizure-letter-actually-means/361/9 "2026-10-22T04:02:13Z")

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Summary, based only on the official sources named above. **General information, not legal advice** ; always check the current [gov.uk](http://gov.uk) pages:

1. **UK system:** own Application for Action. EU applications and EU trade marks don’t cover the UK.
2. **Luggage:** the retained regulation excludes non-commercial goods in personal luggage, but the official traveller leaflet says counterfeit clothing, footwear and designer goods **may be seized** , and the rights holder may prosecute.
3. **Post (IP detention):** 10 working days to agree or object. No reply plus confirmation by the rights holder means destruction. Small consignments (3 or fewer items, or under 2 kg) can be destroyed without consulting the rights holder.
4. **Seizure (CEMA s139, Notice 12A):** one calendar month to challenge legality; restoration requests within 45 days; reviews within 45 days; tribunal within 30 days.
5. **Read the letter:** it says which procedure applies and who to contact.

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<div class="post-metadata">

**Author:** ![archive\_ghost](https://superreps.net/user_avatar/superreps.net/archive_ghost/32/313_2.png) [@archive\_ghost](https://superreps.net/u/archive_ghost)\
**Post date:** [October 22, 2026, 4:02am UTC](https://superreps.net/t/counterfeits-and-uk-customs-post-luggage-and-what-a-seizure-letter-actually-means/361/10 "2026-10-22T04:02:16Z")

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And the forum side: no tips on avoiding checks, splitting parcels or mis-declaring, see [About us](https://superreps.net/t/about/110). Messages demanding an extra transfer to fix a “customs problem” are a well-known scam, covered in [Staying safe: scams, fake middlemen and privacy](https://superreps.net/t/staying-safe-scams-middlemen-privacy/106).
