Counterfeit and Gray Market Flow Chart. A simplified flow chart illustrating the normal flow of products produced by U.S. manufacturers include: Raw material.

Counterfeit and Gray MarketFlow Chart

A simplified flow chart illustrating the normal flow of products produced by U.S. manufacturers include:

• Raw material and component suppliers – These may include international or domestic.

• Manufacturing – This includes the actual manufacture, assembly and completion of a finished component or part.

• Distribution Center – Where finished parts are moved for packaging, warehousing and shipping. Owned by the manufacturer.

• OE Production or Warehouse Distributor – The part is then sold by the manufacturer either for assembly onto a vehicle (OE Production) or into the aftermarket distribution channel (Warehouse Distributor).

• Parts Store / Jobber / Retail Chain – In the case of the aftermarket distribution channel, a warehouse distributor may elect to sell through a parts store either independent or company owned.

• Repair Facility – If the part is installed professionally, the part is sold directly or indirectly to a repair facility. This may be independent or a car dealer.

• End User / Vehicle Owner – The ultimate end-user or consumer of the part.

U.S. Automotive and Commercial Vehicle Parts Distribution Supply Chain Model

U.S. Automotive and Commercial Vehicle Parts Distribution Supply Chain Model - Simplified

DomesticSupplier

DomesticManufacturer

InternationalSupplier

Distribution Center

O.E. VehicleManufacturer

WarehouseDistributor

Parts Store /Jobber /

Retail Chain

Repair Facility

End User /Vehicle Owner

MEMA Member CompanyUS Manufacturer

Legitimate

Raw MaterialOr

Component

Color Key: = Raw Materials and/or Components = MEMA Member Companies / US Manufacturers = Original Equipment Channel = Independent Aftermarket Channel = Steps in the legitimate Supply Chain Model

O.E. Dealer

Independent Aftermarket Channel

Original Equipment Channel

In the case of counterfeit or gray market products, additional steps in the distribution model may include:

• Unauthorized Suppliers – Producers of raw materials or components that were not commissioned by the original manufacturer.

• Unauthorized Manufacturers – Producers products made for the replacement of the original but in violation of the original manufacturer’s intellectual property.

• “Will-Fit” Supplier – May produce legitimate replacement products will fit and are not in violation of intellectual property but may later be converted to counterfeit by affixing trade marks or other trade dress violations by another party.

• Master Distributor / Importer of Record – Generally the company that takes receipt of illegitimate products within the U.S. with the intent to distribute. They may also be the converters of legitimate replacement products to counterfeit through the use of markings, packaging, etc.

• Internet / Web Sites / Mail Order – May also be distributors of illegitimate products and may or may not be located in the U.S.

• Broker – In the commodities business. Generally not product experts but in the business of selling large quantities of over run, over stock products which may or may not contain counterfeit goods.

U.S. Automotive and Commercial Vehicle Parts Distribution Supply Chain Model

U.S. Automotive and Commercial Vehicle Parts Distribution Supply Chain Model - Simplified

Legitimatew/ Counterfeit

and Gray Market

UnauthorizedInternational

Supplier

UnauthorizedManufacturer

Internet/ web site

/mail orderWill-Fit

Supplier

Broker

converted to

counterfeit

DomesticSupplier

DomesticManufacturer

InternationalSupplier

Distribution Center

O.E. VehicleManufacturer

WarehouseDistributor

Parts Store /Jobber /

Retail Chain

Repair Facility

End User /Vehicle Owner

MEMA Member CompanyUS Manufacturer

Raw MaterialOr

Component

Color Key: = Raw Materials and/or Components = MEMA Member Companies / US Mfgs = Original Equipment Channel = Independent Aftermarket Channel = Steps in the legitimate Supply Chain Model = Illegitimate Steps in Supply Chain

O.E. Dealer

Independent Aftermarket Channel

Original Equipment Channel

Master Dist / Importer of Record

A simplified flow chart illustrating the normal flow of products from international sources to U.S. buyers include:

• Free Trade Zone – Within international borders.

• Freight Consolidator – Actual transporter of goods.

• Customs Broker – Completes necessary documentation for export of goods.

• The process is then reversed upon receipt within U.S. borders.

U.S. Automotive and Commercial Vehicle Parts Distribution Product Flow

O

U.S. Automotive and Commercial Vehicle Parts Distribution Product Flow

Free Trade Zone

FreightConsolidator

CustomsBroker

CustomsBroker

FreightConsolidator

Purchaser

Legitimate

Origin Destination

In the case of counterfeit or gray market products, shipments are generally not direct to U.S. borders but may include many stops along the way. There are too many to name but some include:

• Dubai

• Paraguay

• Panama

• Mexico

• Canada

Where import restrictions are less complicated and the entry of counterfeit goods more likely. The additional paper trail of many stops along the way make origin hard to detect.

U.S. Automotive and Commercial Vehicle Parts Distribution Product Flow

O

U.S. Automotive and Commercial Vehicle Parts Distribution Product Flow

Free Trade Zone

FreightConsolidator

CustomsBroker

CustomsBroker

FreightConsolidator

Purchaser

International Origin U.S. Destination

Illustrative of Potential Counterfeit and Gray Market

Dubai

Paraguay Mexico

Canada

PanamaShipments get “pinballed” around the world prior to

final destination

To address the serious issue of counterfeiting and other IPR violations within the automotive manufacturing community, the Motor & Equipment Manufacturers Association (MEMA) – in conjunction with its market segment associations to include the Automotive Aftermarket Suppliers Association (AASA), Heavy Duty Manufacturers Association (HDMA), Original Equipment Suppliers Association (OESA) – created the Brand Protection Council to provide a forum for manufacturers to discuss counterfeiting and other IPR violations with a focus on North America.

For more information on the Brand Protection Council or for assistance in contacting automotive brand owners, please contact Jack Cameron at 919-406- 8856 or e-mail [email protected].

(http://www.aftermarketsuppliers.org/issues/counterfeiting.php)

U.S. Automotive and Commercial Vehicle Parts Distribution