China leading the way for new trade deal with ASEAN nations.

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This week, the 10 members of the Association of Southeast Asian Nations (ASEAN) are meeting in Bangkok, Thailand and one main focus will be the creation of a free-trade pact that will cover 50% of the world’s population and 40% of the world’s commerce. The ASEAN nations hope to enact the Regional Comprehensive Economic Partnership (RCEP), a trade deal that covers a territory from India to New Zealand.
In negotiation for the past few years, the current US China trade war is pushing the effort to create the RCEP. Will post any updates as available.
Do you have any trade or customs law questions, contact your trade and customs attorney David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com, dh@gjatradelaw.com.

US to end Cameroon’s preferential trade status on January 1, 2020.

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Earlier this week, President Trump announced to Congress his decision to end Cameroon’s preferential trade status starting 2020 due to alleged human rights violations  – citing “extrajudicial killings, arbitrary and unlawful detention and torture”.

As of January 1, 2020, Cameroon will be removed from the list of countries benefiting under the African Grown and Opportunity Act of 2000 that encompasses 39 African nations.

Part of the move to end Cameroon’s trade status came from reports by Human Rights Watch (HRW) reports of torture and abuse that included overcrowded conditions, torture and delayed trials.

Overall, Cameroon is the US’s 128th largest trade partner with an estimated $413 million worth of goods exchanged last year.

If you believe you will be impacted by this, contact experienced trade attorney David Hsu to explore your options for exporting and importing from Cameroon after January 1st. Phone/text David at 832-896-6288 or by email at attorney.dave@yahoo.com, dh@gjatradelaw.com.

Tobacco from Malawi subject to detention by US Customs.

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Yesterday, U.S. Customs and Border Protection (CBP) issued a withhold release order on tobacco from the southeast African country of Malawi and other products that contain tobacco from Malawi.
A withhold release order (WRO) means any products from Malawi containing tobacco will be detained by CBP at all of the ports of entry. A WRO was issued after information was collected by CBP that indicates tobacco from Malawi is produced using forced labor and forced child labor.
Many believe a WRO means you cannot import tobacco from Malawi – however, an WRO still allows for importation of tobacco, but importers need to provide documentation that their tobacco and tobacco containing products do not include tobacco from Malwai that was produced using child labor or other prohibitions under US law. 
This most recent WRO is just one of 7 previously issued by CBP this year to prevent the importation of products made using forced labor (which includes convict labor, forced child labor or indentured labor).
If you believe your goods have been wrongly seized by a WRO, contact experienced trade and customs attorney David Hsu for immediate assistance – we have helped many importers and can be reached by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com, dh@gjatradelaw.com.

CBP conducts anti-counterfeit operations in New Orleans.

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According to a U.S. Customs and Border Protection (CBP) media release, CBP officers in the New Orleans Field Office partnered with Homeland Security Investigations (HSI) for their “Operation Safety Claus”. As indicated by the name of the operation, “Operation Safety Claus” is a joint anti-counterfeiting law enforcement operation in metro New Orleans to target the importation of counterfeit goods during the holiday season.

According to the press release, in the past few weeks, CBP officers have seized items such as makeup, contact lenses, hair products, eyelashes, and clothing. During the Halloween holiday, CBP seized an increase in items like contact lenses, makeup and other cosmetics. CBP warns counterfeit goods may contain bacteria, heavy metals, or other toxins that pose a health risk.

As in all their media releases related to counterfeit goods, CBP highlighted the public safety risk of counterfeit goods, the sale of counterfeit goods to fund illicit activities and crime and restated their counterfeit seizure figures.

If your property has been seized by CBP, you must respond or risk a civil penalty down the road and a loss of your shipment. Contact experienced seizure attorney David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com, dh@gjatradelaw.com.

HSI New Orleans Deputy Special Agent in Charge Gilbert S. Trill explained that selling and purchasing counterfeit items is an intellectual property crime, often used to fund international and transnational criminal organizations. These crimes can also have an adverse effect on the United States, in terms of reduced innovation, repressed job markets, and reduced quality. Additionally, it puts the public at risk with little recourse.

“You’re not going to be able to sue an illegal activity or transnational criminal organization,” he said.

On a typical day in 2018, U.S. Customs and Border Protection alone seized $3.7 million worth of products with Intellectual Property Rights violations, with the IPR industry topping $ billion nationally. Many of these products are shipped through mail facilities throughout the country.

“The discovery and interception of counterfeit merchandise that pose safety hazards to our citizens is an illustration of how CBP works every single day to keep dangerous goods from the commerce of the United States,” said Mark S. Choina, Assistant Port Director, Trade, Port of New Orleans.

The New Orleans office of HSI covers Arkansas, Louisiana, and Mississippi, while the New Orleans CBP office covers Louisiana, Mississippi, Alabama, Arkansas, and Tennessee. For more information on IPR, visit https://www.cbp.gov/trade/priority-issues/ipr.