Customs Could Share Counterfeit Shipment Data With Brands and Platforms, and the Bill Now Goes to the President

What happened

Per Retail Insight Network and Sourcing Journal, the U.S. Senate this week passed without opposition the House-passed Customs Notification Act (H.R. 4930). With both chambers on board, the bill goes to the President; it becomes law only once signed.

The bill broadens what U.S. Customs and Border Protection (CBP) can share, and with whom, when it stops suspected infringing goods.

How it got here

• House: H.R. 4930 was introduced in August 2025 and passed the House on April 27, 2026.
• Senate: the Senate version, S. 2677 from Senators Grassley and Hassan, passed the Senate unanimously on August 7, 2026. This week the Senate also passed the House bill, H.R. 4930.
• The two reports differ slightly on the date of the Senate vote: Retail Insight Network says November 10, while Sourcing Journal says Wednesday (November 11).

What the bill changes

Per National Law Review’s analysis and the reports above, the bill amends the provision that lets CBP disclose information about suspected infringing goods to rights holders:

• More information: beyond the goods, packaging, and labels, CBP could share information and images of packing materials and containers.
• Third-party data: including nonpublic information CBP holds that came from online marketplaces, express carriers, freight forwarders, and others.
• More recipients: beyond trademark and copyright owners, any party CBP considers to have an appropriate interest, such as platforms and carriers.
• Lower threshold: from CBP ‘suspects’ to CBP ‘has a reasonable suspicion.’

Per National Law Review, rights holders must still record their marks or copyrights with CBP; sharing stays at CBP’s discretion; and information that would compromise an ongoing investigation or national security is excluded. Sharing third-party nonpublic data requires implementing regulations, so actual data flow may lag enactment.

What the parties said

American Apparel & Footwear Association President and CEO Steve Lamar called it ‘a bipartisan victory for consumer protection’ and urged the President to sign it quickly.

What this means for sellers

Our assessment:

• Information about detained shipments may reach brands and platforms. Once a shipment is flagged, details about cartons, labels, forwarders, and platforms could be shared.
• Platforms may learn which sellers ship suspect goods. That could lead to delistings, freezes, or being named in a Schedule A case.
• Shipping goods and branding separately becomes easier to connect. With packing and freight data shared, brands can trace sources more easily.
• It is not law yet. It needs the President’s signature, and third-party data sharing needs implementing rules.

Our suggestions

• Before shipping to the U.S., check trademark, copyright, and design risk, and don’t ship goods or packaging bearing others’ brands
• Use reputable forwarders and logistics channels and declare shipments accurately
• Brand owners should check that their CBP trademark and copyright recordations are complete and current
• If goods are detained, contact counsel quickly and respond within the deadline

Sources

• Retail Insight Network: US Senate passes anti-counterfeiting bill to protect retailers and brands (Nov. 2026)
• Sourcing Journal (via Yahoo News): Counterfeit-Busting Bill Heads to Trump’s Desk for Approval (Nov. 11, 2026)
• National Law Review: Brand Owners: Congress Moves to Open U.S. Customs and Border Protection’s Counterfeit Data (Aug. 21, 2026)
• Senate Judiciary Committee press release: Senate Unanimously Passes Grassley-Hassan Bill to Combat Counterfeit Imports (Aug. 2026)