Monthly Archives: February 2019

Dulles CBP seizes 410 pounds of Khat from Nigeria

February 27, 2019 By in Uncategorized Leave a comment
khat.JPG

Khat seized by CBP. Source: cbp.gov

Customs and Border Protection’s (CBP) seized 410 pounds of khat from Nigeria last week. The shipment was labeled as “dry moringa oleifera” but upon inspection the officers found seven boxes containing 80 bags of a green leafy product. Samples were submitted to a U.S. Department of Agriculture (USDA) botanist who determined the substance was khat. The khat is to be destroyed by CBP.

Khat possession and use in the US is illegal and CBP officers are always on the look ouf for khat shipments.

Since 1980, khat has been classified as a drug when chewed for its stimulant effect. Most of the khat produced is either in East Africa or the Arabian peninsula.

 

Trump hints at delay of additional duties originally set for March 1st.

February 24, 2019 By in Uncategorized Tags: , , , Leave a comment
aerial view of cargo ship

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According to CNBC, President Trump says he will delay additional China tariffs originally scheduled to start on March 1. In a series of posts on Twitter, President Trump indicated a delay for the imposition of “List 3” of duties under Section 301 because of “substantial progress” in trade talks currently underway between the US and China.

While the tweets hint at a delay, there was no hint of a revised deadline to reach an agreement with China. Time will tell whether the US and China can reach an agreement on the key issues of intellectual property protection and forced technology transfer.

In other news, a late March meeting between President Trump and Chinese President Xi Jinping will likely occur at Trump’s Mar-a-Lago golf club in Palm Beach, Florida.

More updates will be posted as they became available.

Boston CBP busy ensuring pest-free flowers for Valentine’s Day.

February 13, 2019 By in pests, Uncategorized Leave a comment
roses bridal bouquet

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Must be a slow day for the CBP media team as CBP has released a third piece on pest-free flowers for Valentine’s Day. This release features the agriculture specialists at Boston Logan airport (BOS) which is also in the Top 10 nationwide for flower imports into the United States.

This media release highlights the agriculture specialists working hard to ensure the importer flowers do not have pests or diseases that can cause damage to US agriculture.

Last year during Valentine’s Day, CBP agriculture specialists discovered 2,992 pests after processing about 1.4 billion cut flower stems. 2018 saw an increase of 33% in inspection of cut flower stems compared to 2017’s 1.09 billion.

If CBP finds pests or diseases, they will typically treat and release, re-export or destroy the flowers. Most invasive pests include the species of Margarodidae, Arion and Miridae, commonly known as mealy bugs, slugs, and plant or leaf bugs, respectively. Most of the flower shipments to the US are from South America, primarily Colombia and Ecuador.

If you have had a seizure detained or seized by Customs, or Customs has found invasive pests in your wood packaging material, contact experienced bug attorney David Hsu at attorney.dave@yahoo.com or by phone/text: 832.896.6288.

Customs seizes $4.4 million in counterfeit products in Puerto Rico and the US Virgin Islands.

February 12, 2019 By in IPR, U.S. Customs and Border Protection, Uncategorized Tags: , , , , , , Leave a comment
counterfeit seizure

Images of the seized items. Source: CBP.gov

According to a U.S. Customs and Border Protection (CBP) news release – Customs agents in Puerto Rico seized counterfeit products with an estimated msrp of $15 million dollars with an actual purchase price of $4.4 million.

In another seizure, CBP officers conducted a 6-day operation in January where they seized 73 packages with intellectual property rights violations totaling $1.8 million.

In a 6-day special operation this January, CBP officers intercepted 73 packages with IPR violations valued at an estimated MSRP of $1. 8 million.

The seized items included counterfeit watches, jewelry, bags, clothing, sunglasses and featured luxury brands such as Pandora, Tous, Nike, Rolex, Hublot, Gucci, Louis Vuitton, etc.

The rest of the news releases restates the danger of using and buying counterfeit goods and the impact of counterfeit goods on business revenue while also saying the proceeds from counterfeit purchases fund illicit businesses.

If you have a customs seizure for alleged IPR violations, contact experienced seizure attorney David Hsu at attorney.dave@yahoo.com or call/text: 832-896-6288.

US Customs agents ensure pest-free flowers just in time for Valentine’s Day.

February 12, 2019 By in Customs Broker, human rights, Uncategorized Tags: , , , Leave a comment
Customs VDay

Source: CBP.gov

According to a U.S. Customs and Border Protection (CBP) press release, Customs’ agriculture specialists are working hard to examine the hundreds of millions of cut flower stems arriving into the US in time for Valentine’s Day later this week. CBP will especially exam cut flower stems to look for plant diseases and plant pests before they enter the United States.

While it is okay to bring flowers and floral arrangements into the US, there are some prohibited plant species that will be used in the arrangement and that all agricultural products are declared.

CBP officers at the Laredo filed office processed 11.3 million cut flower stems from January to February 14th and ranks fifth largest office by volume for cut flower importations nationwide.

If you  have received a notice from Customs or have any further questions, call experienced trade attorney David Hsu at 832-896-6288 or by email at attorney.dave@yahoo.com.

Customs seizes $3.7 million in counterfeit watches at JFK airport.

February 11, 2019 By in U.S. Customs and Border Protection, Uncategorized Tags: , , , Leave a comment
Seized Watches

Image of seized watches, source: CBP.gov website

According to a U.S. Customs and Border Protection (CBP) media release, Customs officers in mid-January seized a shipment of counterfeit watches from Hong Kong with an estimated manufacturer suggested retail price of $3.7 million dollars.

The watches seized infringed upon Rolex, Hublot, Nike, Michael Kors and other trademarks.

If you have had a shipment seized and Customs issued you a detention notice, seizure notice or you received a civil or criminal penalty, contact experienced seizure attorney David Hsu by phone/text at 832-896-6288, office 713-932-1540 or by email at attorney.dave@yahoo.com.

American Farm Bureau Federation supports Commerce Department anti-dumping investigation of Mexican tomatoes.

February 10, 2019 By in ADD/CVD, International Trade Commission, Mexico tomatoes, Uncategorized Tags: , , , , , , , , 1 Comment
close up of tomatoes on wooden table

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The U.S. Department of Commerce will resume anti-dumping investigations into imports of Mexican tomatoes despite a previous agreement not to.

Zippy Duvall, President of the American Farm Bureau Federation indicated an anti-dumping investigation was needed because Mexican producers have increased their market share despite an agreement to ban artificially low prices.

On February 6, 2019, the Department of Commerce notified Mexico they would withdraw from the 2013 Suspension Agreement on Fresh Tomatoes from Mexico under a clause that the signatories may withdraw from the Agreement with “ninety days written notice to the other party”. The expiration of the 90-days is May 7, 2019.

After the withdraw on May 8th, an investigation by the Department of Commerce will continue and will send notification to the International Trade Commission of its final determination.

If you are an importer of Mexican tomatoes or want to know how this may impact you, contact antidumping duty attorney David Hsu at attorney.dave@yahoo.com or by phone/text at 832.896.6288 for a no cost or obligation consultation.

Democrat and Republican Senators support legislation to end trade embargo with Cuba.

February 9, 2019 By in embargo, Uncategorized Tags: , , , , Leave a comment
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U.S. Senators Amy Klobuchar, D-Minn., Mike Enzi, R-Wyo., and Patrick Leahy, D-Vt introduced legislation to lift the Cuba trade embargo over 50 years ago. The group of Senators, introduced legislation known as the “Freedom to Export to Cuba Act” that would allow Americans to do business with Cuba. The group believes ending the trade embargo would allow US exporters greater access to the Cuban market for American goods. For example, the Senators also indicated removing the trade embargo would represent a $2 billion annual opportunity for US farmers.

Besides the multiple Senators, the legislation has also been endorsed by Engage Cuba, the Washington Office on Latin America, the Latin America Working Group and Cargill.

Check back later if the “Freedom to Export to Cuba Act” repeals the current legal restrictions against doing business with Cuba, especially the 1961 rule that created the embargo and prohibited direct shipping between the US/Cuba and transactions between US owned firms and Cuba.

Trump issues order for agencies to buy US made steel, aluminum and cement.

February 7, 2019 By in Uncategorized Tags: , , , , , Leave a comment
Donald_Trump_official_portrait.jpg

U.S. President Donald J. Trump. Official portrait from whitehouse.gov

U.S. President Donald J. Trump signed a new executive order late January to further his “Buy America” initiative. The new executive order encourages government agencies to purchase a wider range of US made materials for infrastructure projects such as steel, aluminum and cement.

President Trump’s first “Buy America” executive order was signed in 2017, called the “Buy American, Hire American” executive order.

The executive order also requires the head of each agency to submit a report to President Trump identifying new opportunities to use Buy America rules. The reports are due by May 31st.

Full text of the executive order can be found here.

CBP issues detention order against Tunago No. 61.

February 7, 2019 By in forced labor, Uncategorized Tags: , , , Leave a comment
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According to a U.S. Customs and Border Protection (CBP) media release, CBP issued a withhold release order against tuna and tuna products from the Tunago No. 61. The basis for the withhold order is information obtained by CBP indicating tuna is harvested with the use of forced labor.

The order is effective immediately starting on the date of issuance – February 6, 2019.

What is a detention order?
Detention orders require detention of entry of tuna and any such merchandise manufactured wholly or in part by the Tunago No. 61. Importers of detained shipments are provided an opportunity to export their shipments or demonstrate that the merchandise was not produced with forced labor.

What is the law on forced labor?
19 U.S.C. § 1307 prohibits the importation into the US of goods made, in whole or in part, by forced labor, including convict labor, forced child labor, and indentured labor. If CBP believes forced labor was used, CBP will issue a “withhold release order”. Most of the orders are a result of information presented to CBP that “reasonably indicates” the imported goods were made with forced labor.

If you have received a notice or are being investigated by CBP for use of forced labor, call experienced trade and customs attorney, David Hsu at 832-896-6288 or by email at attorney.dave@yahoo.com.