Withhold Release Order issued for Xinjiang Production and Construction Corps.

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The U.S. Department of Homeland Security announced today that U.S. Customs and Border Protection (CBP) at the over 400 ports of entry into the US will detain all shipments from Xinjiang Production and Construction Corps (XPCC).

The Withhold Release Order (WRO) was issued for XPCC based on information that reasonably indicates XPCC uses forced and convict labor in their cotton and cotton products.

The recent WRO is the sixth issued by CBP against goods manufactured by forced labor in China’s Xinjiang Uyghur Autonomous Region. Under a WRO, importers have two options,

Federal statute 19 U.S.C. 1307 prohibits the importation of merchandise mined, manufactured, or produced, wholly or in part, by forced labor, including convict labor, forced child labor, and indentured labor. This WRO will require detention at all U.S. ports of entry of all cotton products produced by the XPCC and any similar products that the XPCC produces. Importers of detained shipments have two options – export the shipment or demonstrate the merchandise was not producd with forced labor.

If you have had your shipment detained for a violation of an active WRO – contact trade attorney David Hsu by phone or email at 832-896-6288 or attorney.dave@yahoo.com.

Over $9 million worth of counterfeit designer goods seized in Texas.

CBP officers examining 1 of the 148 boxes, source: CBP.gov

Dallas CBP officers at the Dallas/Fort Worth port of entry seized a shipment of counterfeit designer merchandise for China and destined for an address in McKinney, Texas.

CBP claims in their media release their “experience” led them to a perform an examination on the shipment contained in 148 boxes.

CBP’s “experience” is more “common sense” – if your shipment is from China and mentions clothing, watches, shoes, phones, electronics – Customs will take a second look and assume everything with a brand is counterfeit.

Within the 148 boxes, Customs officials found goods bearing trademarks from Chanel, Gucci, Louis Vuitton, Yeezy among others. Customs look at the quality of the item and the poor packaging to determine the likelihood a good is counterfeit.

Besides visual confirmation a good is likely counterfeit, Customs may also send images or samples of the goods to the trademark holders to verify authenticity – and 10 out of 10 times the trademark holder will say the goods are counterfeit.

If you have had your goods detained or seized, contact seizure attorney David Hsu by phone/text at 832-896-288 or by email to: attorney.dave@yahoo.com.

$1.3 million of counterfeit currency seized in Chicago.

Image of seized currency, source: CBP.gov

Last week, U.S. Customs and Border Protection (CBP) officers in the Chicago International Mail Facility seized a shipment from the Ukraine containing more than $1.3 million in funny money. The exporters from the Ukraine labeled the shipment of 13,957 $100 bills as “prop money”.

While many importers believe the words or marking of currency as “prop money” means they can be imported – CBP considers any counterfeit of US currency a violation of the federal law prohibiting the reproduction of currency. CBP then turned over the money to Homeland Security Investigations (HSI) and the U.S. Secret Service (USSS) for investigation.

In general, if CBP turns a case over to HSI and/or the USSS, then the importer is likely subject to criminal penalties instead of the usual civil penalties.

If you have had your currency seized by Customs, contact seizure attorney David Hsu by phone at 832-896-6288 or by email at attorney.dave@yahoo.com.

CBP finds Asian Gypsy Moths (AGM) in Portland.

AGM egg mass, source: CBP.gov

U.S. Customs and Border Protection (CBP) agriculture specialists in Portland, Oregon found three Asian gypsy moth egg masses in mid-October. The egg masses typically contain hundreds of eggs that will hatch. The issue is AGM are an invasive species that are highly mobile – being capable of flying up to 25 miles and eat the leaves of more than 500 different species of trees.

The AGM egg masses were found on a foreign flag merchant vessel coming from an area known to be a high risk for AGM. CBP will typically remove the egg mass and then the entire vessel was treated with a pesticide. After fumigation, CBP will then re-inspect the vessel and approve whether or not to process the cargo.

If you have had your shipment detained by Customs for AGM or other pests found in wood packaging materials contact David Hsu immediately. Time is of the essence in WPM/pest cases as CBP will ask the importer or shipper to re-export immediately. Contact David Hsu by phone/text immediately at 832-896-6288 or by email at attorney.dave@yahoo.com, dh@gjatradelaw.com.

US paying Brasil to not use Huawei?

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Photo by Anna Kapustina on Pexels.com

According to Reuters on October 20th, a US trade delegation visited Brazilian President Bolsonaro to offer financing to telecommunications companies that purchase network equipment from suppliers other than Huawei.

China is Brazil’s biggest trading partner and Huawei currently supplies equipment to telecommunications companies. Brazil plans to auction the 5G spectrum next year and this effort may be an attempt to convince Brazilian authorities to look at other 5G suppliers.

If successful, Brazil would join the US, UK, Australia, Sweden and Japan as countries already taking a position on banning Huawei into their 5G network.

Do you supply Huawei equipment or parts to Huawei and have questions about the export control ban? If so, contact David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com.

Huawei Docs to replace Office, Google Docs and iCloud?

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Photo by Zana Latif on Pexels.com

2 days ago, Huawei announced “Huawei Docs”, an office productivity software suite with individual software titles: Document, Spreadsheet and Presentation – clear alternatives to Microsoft’s Word, Excel and Power Point. Take a page from Google, Huawei Docs claims to support over 50 types of file formats and “Huawei Drive” allows users to save changes to the same document across all devices using their “Huawei ID.”

For Huawei users, Huawei Docs is avialable on all Huawei Mate 40 devices worldwide. While Huawei is number one in the world for most phones shipped, this new office productivity software can only increase sales.

Ultimately, I believe this move by Huawei is a result of the export ban on Huawei – preventing Huawei from accessing Google software and or Microsoft apps found on the Google play store.

Do you supply goods to Huawei and want to know if you are in compliance with the current export regulations? Contact David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com for a no-cost consultation.

Louisville CBP seized over $109M in counterfeits in 2020.

Image of seized goods, source: CBP.gov

According to a U.S. Customs and Border Protection (CBP) media release, in the fiscal year ending September 30th, CBP officers in Louisville seized over $109 million worth of counterfeit goods.

The $109 million in seized goods was accumulated during the 741 counterfeit seizures made among 343 shipments with 46% of the counterfeit goods being imported in Hong Kong. The media release also said seized goods included jewelry, footwear, bags, wallets and electronics.

If you or anyone you know has had their goods detained by Customs, contact seizure attorney David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com.

Operation Mega Flex – $8 million in counterfeit watches seized.

Counterfeit watches, sources: CBP.gov

According to a U.S. Customs and Border Protection (CBP) media release. CBP officers in Ohio seized 11 counterfeit Richard Mille watches from Hong Kong with the ultimate end user in New Orleans. See image above of the seized watches.

The seizures in Ohio and the other intellectual property rights violations seizures are part of CBP’s efforts to stop unfair Chinese trade practices and protect US businesses. This operation is known as “Operation Mega Flex and has resulted in 4,200 seizures of goods in the past 15 months”.

If you have had your goods seized by Customs, contact David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com.

Unregulated tire rims from Thailand seized.

According to a U.S. Customs and Border Protection (CBP) media release, CBP officers in Minnesota seized 2,500 tire rims from Thailand. The shipment from Thailand was labeled as “steel wheels” but CBP officers instead found wheel rims. Photos of the wheels were sent to the National Highway Traffic and Safety Administration (NHTSA) where it was determined the company was not a registered manufacturer and therefore not admissible.

Image of non NHTSA-approved rims, source: CBP.gov

If you have had your goods seized for this or any other NHTSA violation, contact David Hsu by phone/text at 832-896-6288 or email at attorney.dave@yahoo.com to discuss your options.

Will Huawei sell their “Honor” phone brand to avoid US sanctions?

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Photo by Pixabay on Pexels.com

According to a Reuters article on October 14th, Huawei Technologies Co. Ltd. is in talks with Digital China Group, TCL, and/or Xiaomi to sell their “Honor” brand smartphone business. Honor was established in 2013 as Huawei’s budget line of smart phones. It is believed the new deal may earn Huawei more than $3.5 billion dollars.

One benefit of the sale away from Huawei – would be Honor’s ability to purchase materials from US suppliers. The deal, if sold would include the Honor brand, research and development, and the supply chain management business.

If you export goods overseas or have any questions about how to avoid violating export penalties for violating US sanctions – contact export attorney David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com.