Monthly Archives: October 2019

US ends preferential trade for Thai exports.

October 31, 2019 By in GSP, trade deal, Uncategorized Tags: , , , , Leave a comment
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Earlier this week, the Office of the United States Trade Representative announced Friday it was suspending $1.3 billion in trade preferences for Thailand under the Generalized System of Preferences (GSP) due to Thailand’s failure to protect worker rights.

The worker rights issues have been an issue for over the years and complaints about working conditions have particularly focused on the fishing industry in Thailand.

The loss of GSP for Thai exports are effective next April and Thailand will likely try to negotiate the issue with the US prior to April of 2020.

If you have any questions how the loss of GSP for exports from Thailand will impact your business, contact experienced trade attorney David Hsu at 832-896-6288 or by email at attorney.dave@yahoo.com, dh@gjatradelaw.com.

$72,000 in undeclared currency seized from traveler.

October 31, 2019 By in Attorney, FinCen, Immigration and Customs Enforcement, Import Export Attorney, U.S. Customs and Border Protection, Uncategorized Tags: , , , , , , , , 1 Comment
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According to a U.S. Customs and Border Protection (CBP) press release, CBP officers at Orlando International Airport (MCO) seized over $72,000 in currency from a traveler who failed to declare the entire amount of the currency they were carrying.

The traveler initially said they were only in possession of $15,000.00. CBP officers then presented the traveler with a Fincen form in which the traveler wrote the amount of $51,000. After further inspection, CBP officers discovered additional bundles of cash inside a backpack – leading to a seizure of $72,000 in currency.

If you are ever presented with a Treasury Department Financial Crimes Enforcement Network (FinCEN) form, you must write down the accurate amount of currency you are carrying (including checks, money orders, foreign currency and other monetary instruments).

Violations of the reporting requirements typically lead to a seizure of the currency and may lead to involvement by HSI – resulting in your arrest. If you have had your currency seized by CBP, contact experienced currency seizure attorney David Hsu at 832-896-6288 or by email at attorney.dave@yahoo.com, dh@gjatradelaw.com.

CBP intercepts invasive “almond bug” from Italy.

October 31, 2019 By in Attorney, Import Export Attorney, invasive species, pest, pests, Seizure, Uncategorized, wood packaging material, wooden packaging materials, WPM Tags: , , , , Leave a comment
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Image of the “almond bug”, source: CBP.gov

According to a U.S. Customs and Border Protection (CBP) press release, Agriculture Specialist canine alerted CBP officers to a passenger’s bag arriving from from Italy. The Agriculture Specialists inspected the item and found prohibited plant items such as pomegranates. Examination of the pomegranates led to the discovery of an insect that was then sent to the U. S. Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS) for identification. The insect was identified as the Monosteira unicostata, or “Almond bug.”

This species of pest poses a serious risk to the $5.3 billion California almond industry. These bugs are typically found in almond trees in the Mediterranean region.

If you have had your shipment seized due to invasive species or had a shipment seized due to invasive pests located in or among wooden packaging materials – contact experienced trade attorney David Hsu to explore options – call/text 832-896-6288 or email attorney.dave@yahoo.com, dh@gjatradelaw.com.

CBP intercepts insects hiding in pumpkin shipment.

October 25, 2019 By in fumigation, invasive species, longhorn beetle, Uncategorized, wood packaging material, wood wasps, wooden packaging materials, WPM Tags: , , , , , , , Leave a comment
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Image of the longhorn beetle larvae, source: CBP.gov

According to a U.S. Customs and Border Protection (CBP) media release, CBP officers and agriculture specialists at the Port of Wilmington, Delaware inspected a shipment of pumpkins from Costa Rica.

During inspection, CBP agriculture specialists found the flower longhorn beetle larvae in wood packaging material. The larvae were sent to the to the U.S. Department of Agriculture entomologist and was identified as belonging in the subfamily Lepturinae, or flower longhorn beetles.

According to CBP: “The adult beetles are considered pollinators, but while in their larvae stage they bore beneath a tree’s bark, potentially damage healthy trees.

The importer chose to re-export the pumpkins and wood packaging material instead of destroying the shipment.”

If you have had a shipment seized by CBP due to wood packaging materials (WPM) containing suspected invasive species of pests such as the wood boring wasp or this longhorn beetle – contact experienced wood packaging materials attorney David Hsu by text/phone at 832-896-6288 or by email at attorney.dave@yahoo.com, dh@gjatradelaw.com.

Counterfeit Nike shoes seized by Customs.

October 23, 2019 By in Air Jordan, Counterfeit, Hong Kong, Nike, Uncategorized Tags: , , , , , Leave a comment
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Image of the seized shoes, source: cbp.gov

According a U.S. Customs and Border Protection (CBP) media release, CBP officers in Mississippi seized more than $4,000 worth of counterfeit Nike Air Max, Nike Air Jordan’s, and Balenciaga shoes from Hong Kong.

The shoes were shipped in separate packages and described as “casual shoes”. Counterfeit goods entering the US are typically seized under 19 USC 1526 (e) for bearing the counterfeit trademarks.

If you or someone you know has had a shipment of good seized by Customs, there are steps you can take – contact experienced seizure attorney David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com, dh@gjatradelaw.com.

Fake lead batteries seized in Puerto Rico.

October 23, 2019 By in CBP, Counterfeit, Seizure, Uncategorized Tags: , , , , , Leave a comment
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Image of seized batteries, source: cbp.gov

According to U.S. Customs and Border Protection (CBP) Officers media release, officers at the Port of San Juan, Puerto Rico, seized 1,072 counterfeit rechargeable deep cycle lead batteries under the “Reverse RU” trademark.

The lead batteries are used for solar backup systems, the MSRP if genuine is $208,068.

This seizure is just 1 of the 33,810 shipments seized by Customs in FY 2018. If you have had your items seized for suspected trademark violations, contact experienced seizure attorney David Hsu at 832-896-6288 or by email at attorney.dave@yahoo.com, dh@gjatradelaw.com.

Man pleads guilty in multi-million dollar counterfeit cellphone scheme.

October 21, 2019 By in Hong Kong, Immigration and Customs Enforcement, Import, Import Export Attorney, iPhone, Samsung, Uncategorized Tags: , , , , , , , Leave a comment
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According to CBS 2 news in Boise, Idaho – a man in Boise pleased guilty to trafficking in counterfeit cellphones and accessories. Artur Pupko, age 28, pleaded guilty to selling counterfeit cellphones and cellphone accessories on Amazon and eBay.
According to court documents, Pupko would buy bulk products from China, then repackage the products and claiming them as new and genuine. Pupko may face up to 10 years in prison and a $5 million dollar fine. Sentencing will occur on December 17, 2019.
If you have had your goods seized by Customs and are facing criminal or civil penalties, contact experienced seizure attorney David Hsu by text/call at 832-896-6288 or by email at attorney.dave@yahoo.com, dh@gjatradelaw.com.

Huawei 5G technology coming to the US?

October 20, 2019 By in compliance, Export, export controls, Huawei, Import Export Attorney, trade compliance, Uncategorized Tags: , , , , Leave a comment

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As Huawei is on the US Commerce Department’s Entity List, Huawei is prevented from doing business with US companies without permission (ie without a license from BIS).
However, media outlets report that Huawei is discussing licensing of their 5G technology to unnamed American companies who have shown interest in long term and one-time transfers. Even a license to an American company may be a violation even if no goods exchange hands.
The Huawei inclusion on the entity list is part of an effort to prevent suspected Chinese government surveillance onto their communications equipment.
If you or your company is interested in doing any business with Huawei – contact experienced BIS/trade compliance attorney David Hsu by text/phone at 832-896-6288 or by email at attorney.dave@yahoo.com, dh@gjatradelaw.com.

Huawei admits they are impacted by US blacklist.

October 20, 2019 By in blacklist, compliance, Huawei, Import Export Attorney, trade compliance, Uncategorized Tags: , , , , , Leave a comment
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According to a recent Forbes article, Huawei has confirmed the U.S. blacklist in place since May is impacting their ability to offer Google software onto their mobile phones. The Forbes article also says Huawei has not finished their in house operating system.
The black list that took effect in May restricts Huawei from access to the US supply chain for software and hardware. While Huawei has been able to source non US goods for the hardware, they have not been able to replace Google’s Android software.
While our blog earlier indicated Huawei would be launching their own in-house operating system, it is not yet ready for smart phones. Huawei has launched their Harmony OS, but that software is limited to smart TVs.
While not mentioned in the article, without Google’s Play Store, Huawei users will likely have to download APK files from online if they want to install their aps onto a new Huawei phone.
Things for Huawei will also get worse next month – this November marks the expiration of a temporary exemption on certain suppliers.
If you  have any questions how your company may be impacted by the trade restrictions with Huawei, contact experienced export compliance attorney David Hsu by text/phone at 832-896-6288 or by email at attorney.dave@yahoo.com, dh@gjatradelaw.com.

Florida Tomato Exchange asks Commerce Department to reopen antidumping investigation

October 14, 2019 By in ADD/CVD, Antidumping, Mexico tomatoes, tomato, Uncategorized Tags: , , , , , , Leave a comment
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On Monday, the Florida Tomato Exchange requested for continuation of the antidumping investigation of fresh tomatoes from Mexico. This is surprising as the investigation was suspended on September 19, 2019, when a new suspension agreement between the Department of Commerce and Mexican growers and exporters went into effect.
The reason for the reopening of the investigation is that the Mexican tomato industry doesn’t agree with the agreement, even though they voluntarily signed the agreement last month.
While the investigation may be reopened, the suspension agreement is not automatically terminated. Once the new investigation is completed, Commerce and the International Trade Commission is tasked to determine whether or not Mexican tomatoes were dumped into the US and whether it caused injury to the US tomato industry. If there is a finding of injury, then the agreement will stay in place – if there is no finding, the agreement will be terminated.
If there is an affirmative finding, the Mexican growers have the option to withdrawal from the agreement, triggering another 90-day time frame to renegotiate before antidumping duties are imposed.
If you have any questions about this or any other antidumping and countervailing duty action, contact trade attorney David Hsu at 832-896-6288 or by email at attorney.dave@yahoo.com, dh@gjatradelaw.com.