Monthly Archives: November 2019

Importer pays $3+ million civil penalty to Customs.

November 20, 2019 By in classification, Customs, Customs Lawyer, Import, misclassification, Uncategorized Tags: , , , , Leave a comment
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According to an U.S. Customs and Border Protection media release, a company named Satisloh paid $3,320,425 for customs violations.

Satisloh imported machinery used to produce optical lenses but was hit with penalties for violation §19 U.S.C. 1592. Section 1592 allows Customs to issue penalties against importers who enter goods into the US by “false statements” or “omissions”.

We see many importers violate section 1592 because a false statement or omission can occur when describing a good for import, classifying a good by product number (HTSUS number) or providing false information on entry paperwork.

After a violation of section 1592, customs may issue a civil penalty, from there, the importer of record can try to submit an offer in compromise to customs to settle any claims. In this instance, Satisloh settled with Customs for $3,320,425.

If you have received a penalty notice, or notice of seizure or any other Customs action or Form. Contact experienced customs attorney David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com, dh@gjatradelaw.com.

Counterfeit Botox shipments seized.

November 18, 2019 By in China, Counterfeit, Customs, Customs Lawyer, Seizure, U.S. Customs and Border Protection, Uncategorized Tags: , , , Leave a comment
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Seized counterfeit Botox, source: CBP.gov

According to a U.S. Customs and Border Protection (CBP) media release, officers in Cincinnati’s express consignment facility recently seized multiple shipments of counterfeit Botox injections. The shipments were sent from Shenzhen and labeled as “leggings” and “facial gift”. The shipments were to be sent to individuals in Alabama, Texas and Utah.

Botox (botulinum toxin) is restricted by the U.S. Food and Drug Administration (FDA) and cannot be imported into the U.S. without proper documentation. Pharmaceutical companies that produce legitimate botulinum toxin products can import them into the US and CBP has issued an informed compliance publication detailing how these products can legally be imported into the U.S.

While the Customs media release designates these Botox as counterfeit, I believe these Botox injections are an example of what is known as “parallel importation”. In parallel importation, individuals import drugs from countries where the government regulates the cost of pharmaceuticals. These countries that regulate the cost of pharmaceuticals include the UK, Germany, France, Sweden and Canada. In the CBP media release, the seized Botox appears to be labeled in German. Most likely the shipper in Shenzhen buys the Botox from the UK, Germany, France, Sweden and exports to the US at a lower cost than Botox in the US.

If you or someone you know has had their shipment over pharmaceutical drugs shipped from overseas seized in the US, contact experienced seizure attorney David Hsu by phone/text at 832-896-6288 or email at attorney.dave@yahoo.com, dh@gjatradelaw.com.

 

CBP seize counterfeit Patriots, Astros and Yankees rings.

November 18, 2019 By in Attorney, CBP, Counterfeit, Import Export Attorney, Seizure, Uncategorized Tags: , , , , , , Leave a comment
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Counterfeit Patriots Super Bowl Ring – source: CBP.gov

According to a U.S. Customs and Border Protection (CBP) media release, officers seized nine counterfeit Patriots Super Bowl rings and two other counterfeit championship rings for the Houston Astros and New York Yankees.

If authentic, the rings would carry a manufacturer suggested retail price (MSRP) of $526,000. The shipment from China was described as a “box” with a value of $14.00.

After the shipment was detained, CBP and the Consumer Products and Mass Merchandising Centers for Excellence and Expertise verified the rings were counterfeit.

If you have had a shipment detained for counterfeit goods, you need to give us a call. Customs has and will send penalty notices and there may be some other options. Contact experienced seizure attorney David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com, dh@gjatradelaw.com.

Trump will decide tariffs on auto imports “soon”.

November 14, 2019 By in automobile, EU, European Union, Japan, Section 232, South Korea, tariffs, Uncategorized Tags: , , , , , , , Leave a comment

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Today’s November 14th deadline on whether to impose tariffs (duties) on cars and auto parts imported into the US will likely result in President Trump extending the time to make a decision.

These additional tariffs on vehicles and parts are part of the “Section 232” national security tariffs enacted during the Cold-War that could see tariffs as high as 25% on vehicles and parts from the European Union, South Korea, and Japan.

A delay would likely result in a 6-month extension and allow for negotiators from all sides attempt to reach an agreement.

If you are an importer of car parts or vehicles and want to know what you can do, contact experienced trade attorney David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com, dh@gjatradelaw.com.

Russia trying to legalise blood diamonds from the CAR.

November 14, 2019 By in Central African Republic, diamond, international trade, Kimberley Process, Moscot, trade law, Uncategorized Tags: , , , , ,
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According to the Independent, Moscow claims the international ban is not working and seeks to end an international embargo on diamonds exported from the Central African Republic (CAR) since 2013. At the moment, the CAR is the only country in the world subject to a ban on “blood diamonds”.

The main reason Moscow wants to end the embargo on CAR diamonds is because 90% of the CAR’s diamonds are exported through the black market.

Blood diamonds refers to diamonds mined in a a war zone, and then sold to finance war activity.

Next year, Russia will chair the Kimberley Process, a UN program designed to stop diamond profits flowing to armed militias or used to fund war. Estimates put the Kimberley Process as high as 99.8% successful in stopping the global production of blood diamonds.

If you have any questions about the Kimberley Process and how it will effect your imports of diamonds to the US, contact experienced trade law attorney David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com, dh@gjatradelaw.com.

Fake airbags from China seized in Ontario, California.

November 13, 2019 By in Attorney, Counterfeit, Honda, Import Export Attorney, Uncategorized Tags: , , , , , Leave a comment
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Image of seized airbag, source: cbp.gov

According to a U.S. Customs and Border Protection (CBP) press release, officers at Ontario International Airport (ONT) express air cargo operations in Ontario, California along with the import specialists (IS) assigned to the Automotive & Aerospace Center of Excellence (AA Center) seized counterfeit Honda airbags arriving in packages from China.

Eight Honda airbags were arriving from China when CBP officers discovered the airbags during an examination of the express packages. The airbags were sent to import specialists who focused on automobile parts and confirmed the airbags were in violation of Honda’s  protected mark. If the airbags were genuine, they carried an estimated manufacturer’s suggested retail price (MSRP) of $4,856.

The remainder of the CBP article highlights the dangers of purchasing fake parts that may not function as well as OEM parts.

If you have had your shipment seized by Customs for suspicion of counterfeit goods, contact experienced seizure attorney David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com, dh@gjatradelaw.com.

India says they will not join the largest free trade deal – the Regional Comprehensive Economic Partnership (RCEP).

November 10, 2019 By in Attorney, Import Export Attorney, international trade, RCEP, trade deal, trade law, Uncategorized Tags: , , , , , Leave a comment
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Yesterday, India’s Prime Minister, Narendra Modi announced India would not join the Regional Comprehensive Economic Partnership (RCEP).

The RSCEP is a proposed trade deal among 16 countries and has been discussed for the past 7 years and the subject of over 28 rounds of discussion. The RCEP was believed to be the “largest trade deal” because both China and India were expected to participate. China, India and 14-other nations in the RCEP would account for 40% of the world’s GDP.

In a public statement, the government of India cited several reasons to withdraw from the RCEP: (1) India wanted stronger wording on rules of origin, (2) change in the base year for the reduction of duties to be 2019 instead of 2014 and (3) for companies investing in India to procure a certain percentage of local input materials.

The remaining 15 countries have vowed to continue efforts to pass the RCEP with India’s involvement.

Do you have any general trade or customs law questions? Contact David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com, dh@gjatradelaw.com.

CBP seizes undervalued Range Rovers prior to export to Nigeria.

November 10, 2019 By in Customs, Customs Lawyer, Export, export to Africa, Import Export Attorney, Seizure, Uncategorized, vehicle seizure, vehicles Tags: , , , , , , , Leave a comment
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Seized Range Rover, source: cbp.gov

According to a U.S. Customs and Border Protection (CBP) media release, CBP officers in Delaware seized a 2016 Land Rover Range Rover prior to export to Lagos, Nigeria.

The vehicle worth approximately $55,000 was undervalued in export documents with a value of $13,000. Customs seized the vehicle for violation of 13 USC 305 which is submission of filing a false export declaration and undervaluing an export. 13 USC 305 is fairly broad and used often as a basis for export seizures.

This seizure in Delaware is just one of the many reasons Customs will seize vehicles prior to export – if you have had your vehicle detained or seized by Customs prior to export overseas to places such as Nigeria, the UAE, China, etc, contact experienced vehicle seizure attorney David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com, dh@gjatradelaw.com.

CBP seizes +$2 million in counterfeit goods from China.

November 9, 2019 By in Counterfeit, Seizure, Uncategorized Tags: , , , , Leave a comment
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Counterfeit goods seized by CBP, source: cbp.gov

According to a  U.S. Customs and Border Protection (CBP) media release, officers in Washington Dulles airport seized fake goods from China with a MSRP of $2 million destined to Flushing, New York.

The air cargo shipment contained 2,601 coin purses, 459 purses, and backpacks with counterfeit logos of luxury brand names such as Gucci, Louis Vuitton and Chanel.

When CBP seizes suspected counterfeit goods, they send samples and photos to the CBP Consumer Products and Mass Merchandising Centers for Excellence and Expertise (CEE) for verification with the trademark holders.

The goods were determined to be counterfeit (no trademark holder has ever agreed that a product was not counterfeit), and if authentic, would have an MSRP of $2,244,370.

If you have had your shipment seized by CBP on suspicion of being counterfeit, contact experienced seizure attorney David Hsu for assistance, we can explore your options. If you have received a penalty notice for violation of intellectual property rights, give us a call or text at 832-896-6288 or by email at attorney.dave@yahoo.com, dh@gjatradelaw.com.

$715k in US currency seized from bus entering the US from Mexico.

November 4, 2019 By in Attorney, CBP, Currency, currency seizure, Import Export Attorney, Money Seizure, Seizure, Uncategorized, vehicle seizure Tags: , , , , Leave a comment

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According to U.S. Customs and Border Protection, officers in Hidalgo intercepted $715,010 in unreported U.S. currency in a commercial bus attempting to enter into Mexico on September 24th.

The officers were conducting an outbound operation at the Hidalgo-Reynosa International Bridge and stopped the bus for further inspection. Officers used an imaging system and found 32 packages containing US currency hidden in the bus.

The hidden currency was seized by CBP and Homeland Security Investigations (HSI) were involved.

In general, if HSI is involved, CBP believes the currency is the proceeds or will be used for illegal activities.

If you have had your currency seized by CBP, contact experienced currency seizure attorney David Hsu for immediate assistance. Phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com, dh@gjatradelaw.com.