The opinions expressed are those of David Hsu and do not necessarily reflect the views of the firm, its partners, or its clients. The information in this blog is for general information purposes only and is not intended to be and should not be taken as legal advice on any subject. No recipient of content from this site, clients or otherwise, should act on the basis of any content in this site without seeking the appropriate legal or professional advice based on the particular facts and circumstances at issue from an attorney licensed in the recipient's state.
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.
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 firstname.lastname@example.org to discuss your options.
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 email@example.com.
According to a U.S. Customs and Border Protection (CBP) media release, CBP officers in Baltimore and Pittsburgh seized shipments of unapproved or counterfeit COVID-19 medications, facemasks and testing kits.
The seizure included more than 58,000 face masks with designs violating trademarks of several designer consumer brands, professional sports teams, car manufacturers and cartoon characters. See below for a sampling of the various designs violating protected marks.
In addition to the facemasks, CBP officers also seized products claiming to be medication for COVID infected persons and more than 130 test kits not on the Emergency Use Authorization (EUA) list. Due to the non-compliance with FDA rules, the goods were seized and deemed inadmissible.
If you have had your good seized by Customs for violating FDA rules, contact seizure attorney David Hsu by phone/text anytime at 832-896-6288 or by email at firstname.lastname@example.org.
CBP officers in Louisville, Kentucky seized shipments from Dubai and Hong Kong containing over $2.0 million in counterfeit goods. The shipment from Dubai was labeled “men’s clocks” and upon inspection contained luxury watches from “Piguet”, “Hublot”, “Richard Mille” and “Cartier. The CBP import specialist determined the goods were counterfeit.
The second shipment from Hong Kong was labeled as “pedometers” – but in reality contained 180 “LV” watches and 65 “Oakley” sunglasses. Customs estimate the total seizure of the goods, if authentic, was worth $2,360,540.
The customs media release didn’t mention this – but if you have a shipment of goods destined for the US and detained by Customs, the typical 5-day rule of Customs to hold your goods does not apply. In general, seizures based on suspected counterfeit or IP violations do not have to abide by the 5-day rule and you may be looking at 2-4 weeks before your goods are seized or released.
If you have had your good seized by Customs for suspicion of being counterfeit – contact customs seizure attorney David Hsu by phone/text anytime at 832-896-6288 or by email at email@example.com.
CBP seized 32 cartons of women’s leather gloves suspected of being manufactured by forced labor. CBP believes the shipment may have been made from forced labor because the shipment originated from the Xinjiang Uyghur Autonomous Region. As you may or may not know, the Xinjiang region is where the CBP media release reports the Chinese is committing human rights abuses against the Uyghur people and other ethnic and religious minorities.
The shipment was detained under a “Withhold Release Order” (WRO) against Yili Zhuowan Garment Manufacturing Company Limited and Baoding LYSZD Trade And Business Company Limited. A WRO is typically issued against a manufacturer after CBP conducts an investigation. The investigation will look for forced labor indicators such as restriction of movement, isolation, intimidation, threats, withholding of wages and abusive working and living conditions.
If CBP issues a WRO, this enables CBP personnel at the port of entry to detain the shipment if there is a reasonable belief the goods were made by forced labor. WRO seizures are not able to be admitted to the US and Importer of Records of WRO goods have 90 days to re-export detained shipments or submit proof to CBP the goods were not made with forced labor.
If your goods are subject to a WRO and you want to discuss your options – contact David Hsu by phone/text at anytime to 832-896-6288 or by email at firstname.lastname@example.org.
According to a U.S. Customs and Border Protection media release – officers seized a shipment of pre-filled syringes containing 200 Sodium Hyaluronate from Seoul, South Korea. Sodium Hyaluronate is used to treat osteoarthritis and seized for violation of the Food, Drug and Cosmetic Act (FDCA) prohibiting the importation of any food, drug, device, tobacco product, or cosmetic that is adulterated or misbranded.
The FDA Office of Criminal Investigation seized the shipment that would be worth $10,666 if authentic. Typical FDA seizures are due to unapproved prescriptions containing manufactured using incorrect or harmful ingredients.
If you have had your shipment seized by Customs for FDA violations, contact seizure attorney David Hsu by email at email@example.com or anytime by phone/text at 832-896-6288.
According to a U.S. Customs and Border Protection (CBP) media release. CBP officers at the Roma, Texas Port of Entry seized more than $838,000 in unreported currency hidden in a vehicle heading out of the US.
As you are aware, all currency and monetary instruments $10,000 or more need to be reported. In this case, CBP officers seized stacks of cash totaling $838,481 in unreported currency concealed within a 2016 Chevrolet Colorado.
After seizing the currency – CBP referred the case to U.S. Immigration and Customs Enforcement – Homeland Security Investigations (ICE-HSI). In general, if your case is referred to HSI – then there is likely a criminal case.
If you have had your currency seized by Customs, contact our office immediately – there are time limits regarding the seizures – call or text David Hsu directly at 832-896-6288 or by email at firstname.lastname@example.org.
According to a Customs media release, U.S. Customs and Border Protection (CBP) agriculture specialists in Cincinnati seized 1,300 pounds of mooncakes during “Special Operation Over the Moon”.
This operation was named “Over the Moon” as the operation occurs prior to the Chinese Mid-Autumn Festival on October 1st.
Mid-Autumn festival celebrates the time where the moon is at its largest and brightest – known as the harvest moon to symbolize harvest time in the fall. The festival dates back more than 3,000 years and continues to this day.
“Mooncakes” are given to family members and people you do business with – the moon cakes are pastries filled with lotus seeds, bean paste or duck yolk eggs. And the duck yolk eggs are the cause for the special operation. The egg products are believed to pose a risk to American agriculture because China and other Southwest Asian countries may be at greater risk for Highly Pathogenic Avian Influenza (HPAI) and Virulent Newcastle Disease (vND).
Author’s unpopular opinion – moon cakes aren’t that great – they aren’t sweet and there is something unappealing about an egg baked inside a thick pastry that is not sweet. If you have to eat one, get one filled with red bean. The red bean paste makes the pastry sweet.
The images provided by CBP shows CBP officers intercepting and destroying mooncakes with the egg yolk center.
Have you had your goods seized by Customs, contact David Hsu by phone/text at 832-896-6288 or by email at email@example.com.
According to a U.S. Customs and Border Protection (CBP) media release, officers at the Brownsville and Matamoros International Bridge Port of Entry seized over $46,000 in unreported currency.
The inspection occurred when travelers were leaving the US to Mexico. During a routine inspection, CBP officers discovered $46,000 in currency and also seized the vehicle. According to the media release – the traveler with the unreported currency was referred to Homeland Security Investigations (HSI).
Author’s note – typically customs seizure of unreported currency are not referred out to HSI. If your currency seizure was referred to HSI, then Customs believes there is a criminal element to your seizure.
What’s the rule about traveling in and out of the country with currency? It is legal to carry more than $10,000, but it is a federal offense not to declare currency or other monetary instruments when entering or exiting the US (and even if you have a layover in a US airport with no intention of entering the US).
What happens if Customs suspects I am carrying more than $10,000 in currency? They will stop you and the party you are traveling with prior to boarding the plane. You will be given an opportunity to declare all currency and monetary instruments. You will be given a Fincen 105 form to sign. You must accurately state all the money you have. Once you sign the Fincen 105 form, CBP will search your belongings.
I received a “Notice of Seizure” and my currency was seized by CBP at the airport. What do I do? If you receive a “Notice of Seizure” sent Certified Mail Return Receipt Requested, then you must respond or risk forfeiting all the seized funds. Typically you have 30 days from the date of the letter to respond to the seizure.
If you get a notice of seizure or if your currency was seized by Customs, contact David Hsu by phone/text at 832-896-6288 or by email at firstname.lastname@example.org.
U.S. Customs and Border Protection (CBP) officers in Louisville seized a shipment described as “women’s clothes”. Upon further examination, CBP officers found designer shoes, handbags and clothes. Based off the appearance of the goods, a CBP import specialist examined the goods and determined 95 items were counterfeit and therefore seized. If authentic, the shipment from Vietnam destined to California was valued at $193,740.
If Customs has seized your goods and issued you a penalty notice for importing counterfeit goods, contact David Hsu for your options – call/text anytime at 832-896-6288 or by email email@example.com.