Photo by Tracy Le Blanc on Pexels.com

I get asked this question a lot – and the answer is yes you can. However, cell phones are frequently detained and seized by Customs.

Why are imported refurbished phones detained or seized?
Customs enforces the intellectual property and trademarks of any manufacturer or holder of intellectual property. Apple and Samsung have filed their trademarks and word marks with Customs and CBP may seize your phones (and batteries if they are branded Samsung).

I thought there was an exception for counterfeit goods?
I previously posted on my blog about the counterfeit exception for 1 item. However, that exception only applies if it is carried on you, it will not apply if the counterfeit item is sent by mail.

But my goods are genuine iPhones, why are they still seized?
When suspected counterfeit goods are seized – CBP will take a photo and send to Apple, Samsung (or other property rights holder). The trademark holder will more likely than not tell CBP the phone is counterfeit. From my experience, I have never had any trademark holder agree that the phone is authentic.

How do I know if my cell phone shipment is seized?
Customs will send you a Notice of Seizure signed by the Fines, Penalties and Forfeiture officer of the port where your phones were seized. You have 30 days from the day of the letter to respond. Please note the 30 days is not from the day you receive the notice.

What if I don’t respond to the seizure notice?
If you do nothing, then the goods will be forfeited after the response date. Forfeited means destroyed. Customs may then issue you a civil penalty based on the value of the phones. The value will be retail and not reflect what you paid wholesale or your actual cost. The valuation of the shipment is important because that value is used to determine civil penalties.

I have more questions!
Call David Hsu at 832-896-6288 or by email at attorney.dave@yahoo.com. There are some things we can do and time is of the essence – call now, no cost or obligation.