Monthly Archives: December 2019

Huawei received approximately $75 billion in support from…

December 26, 2019 By in Attorney, compliance, entity list, Huawei, Import Export Attorney, trade compliance, Uncategorized Tags: , , , , Leave a comment
black huawei android smartphone

Photo by Alex Fu on Pexels.com

According to a Wall Street Journal article published on Christmas day, Huawei reportedly had “access to as much as $75 billion in state support”. The $75 million figure was a result of the WSJ accounting of public records of Huawei and includes $46 billion in loans and $25 billion in tax cuts.
This recent article from the WSJ may bolster the US government’s case for barring mobile hardware made by Huawei to be used by government agencies. The US government may also cite this argument in it’s appeal to other countries to avoid using Huawei telecommunications equipment when municipalities choose a 5G equipment provider.
Huawei has denied any ties to the Chinese government and Huawei is still subject to a ban on using US origin hardware and software.
If you have any questions on how the Huawei band will impact your business, or if you have concerns about your export compliance with the current ban on Huawei – contact experienced trade and compliance attorney David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com, dh@gjatradelaw.com.

Customs agents in Puerto Rico seize counterfeit goods valued over $5.3 million.

December 23, 2019 By in Attorney, Import Export Attorney, Uncategorized Tags: , , , , , , Leave a comment
IPR PR composite

Images of seized goods in Puerto Rico, source: CBP.gov

According to a U.S. Customs and Border Protection (CBP) media release, agents in Puerto Rico seized over 289 shipments of counterfeit goods destined for addresses in Puerto Rico.

A composite photo of a sampling of seized goods include counterfeit LV, Gucci, Apple and Supreme. If authentic, Customs valued the shipments of seized goods totaling over $5.3 million. Other seized goods include watches, jewelry, bags, clothing and sunglasses featuring brands such as Hublot, Pandora, Nike, and Rolex.

If you or someone you know has received a notice of seizure for 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.

Department of Justice charges Indonesian citizen and companies with exporting goods to Iranian airline Mahan Air.

December 23, 2019 By in Department of Justice, DOJ, Export, Import Export Attorney, Iran, Uncategorized Tags: , , , , , Leave a comment
brown pagoda near body of water

Photo by Aron Visuals on Pexels.com

According to a Department of Justice (DOJ) filing found here, the DOJ charged an individual Indonesian citizen and several Indonesian based companies for violating US export control of goods to Iran. Specifically, the charged individual and companies worked together to export goods originating from the US to Iranian airline Mahan Air. The complaint says the Indonesian national and companies shipped goods owned by Mahan Air through the following Indonesian companies: PT MS Aero Support (“PTMS”), PT Kandiyasa Energi Utama (“PTKEU”) and PT Antasena Kreasi (“PTAK”) .

The charge against the defendants include (i) unlawful and attempted export to an embargoed country, (ii) conspiracy to launder monetary instruments and (iii) false statements.

If you do not want to be the subject of DOJ investigation, call experienced trade controls attorney David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com, dh@gjatradelaw.com. Initial consultations are free, contact us to figure out how to protect you and your company from the many hazards of exporting US goods overseas.

Customs seizes more undeclared currency from travelers.

December 18, 2019 By in Uncategorized Tags: , , , , , Leave a comment
IAD Currency2L 121219

CBP currency detector dog Cato, source: CBP.gov

According to a Customs media release, U.S. Customs and Border Protection (CBP) officers seized unreported currency from several travelers at Washington Dulles International Airport.

In the first seizure, a CBP currency detector dog Cato (pictured above) alerted CBP to baggage owned by a couple from Turkey. When stopped by Customs, the travelers declared they had $5,000. Upon a subsequent search, CBP discovered $20,654 in currency. CBP returned $654 in humanitarian relief and seized the remainder.

In the second seizure, CBP officers inspected a couple bound for Ghana who reported they possessed $36,000 in writing and verbally. A subsequent examination discovered $40,781 in their possession. Like above, CBP released $781 in humanitarian relief while seizing the remaining balance.

As previously discussed on my blog, you can carry large amounts of money, and those who are carrying $10,000 or more must report all of the amount to Customs.

If you are ever asked to declare how much you are carrying, if you do not know the exact amount, be sure to declare more than you are carrying. Also, be sure to include all your family members or everyone you are traveling with in the final calculation.

If you or someone you know has had their currency seized by Customs, contact experienced currency seizure attorney David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com and dh@gjatradeaw.com.

CBP seizes counterfeit Louis Vuitton handbags.

December 18, 2019 By in trademark, Uncategorized Tags: , , , , , Leave a comment
PHL IPR Handbags1L 121219.jpg

Image of seized handbags, source: CBP.gov

As reported by the U.S. Customs and Border Protection (CBP), officers in Philadelphia seized 37 counterfeit LV handbags from Hong Kong with a suggested retail proce of $130,610 if authentic. 

According to the media release, the box contents were described as “Lady Bag Sample.” Upon inspection by CBP and with the CEE for Consumer Products and Mass Merchandise Center and the trademark holder – determined the bags were counterfeit.

If you receive a seizure notice for violation of trademarks or other intellectual property, contact experienced seizure attorney David Hsu at attorney.dave@yahoo.com, dh@gjatradelaw.com – there are somethings you can do to protect yourself from potential civil and criminal penalties – but you need to take action within a certain time limit. For immediate assistance, call/text 832-896-6288.

US China Trade Deal as of 12/13/2019.

December 13, 2019 By in international trade, trade deal, Uncategorized Tags: , , , , , , , Leave a comment
Donald_Trump_official_portrait

Official portrait of President Donald J. Trump, Friday, October 6, 2017. (Official White House photo by Shealah Craighead)

As you are aware, the Trump administration has confirmed a trade deal with China has been reached.

Phase one of the trade deal was just announced:

-List 1 remains at 25%

-List 2 remains at 25%

-List 3 remains at 25%

-List 4b is gone (4b was initially scheduled to take effect December 15th, and included consumer electronics such as cell phones, laptops, computers, etc.).

-“Most” (not all) of List 4a is going to drop to 7.5%.

We will monitor the Federal Register for what specifically is being reduced. If you have any further questions, contact experienced trade attorney David Hsu for immediate help by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com, dh@gjatradelaw.com.

U.S. House passes USMCA, next stop the Senate.

December 12, 2019 By in trade law, Uncategorized, United States-Mexico Trade Agreement Tags: , , , , , , , Leave a comment
flag of canada

Photo by Social Soup Social Media on Pexels.com

As you are aware, the U.S. House of Representatives passed an updated version of the USMCA earlier this week. The passage by the House includes revisions to an agreement initially agreed to by the US, Mexico and Canada in September 2018.

The next step for the USMCA is the Senate, where it is not expected to be put to a vote until 2020.

What are some of the changes in the USMCA versus NAFTA?

  • If autos are to qualify for no tariffs, then 75% of the components must be manufactured in Canada, Mexico or the United States (currently at 62.5%).
  • 30% of the work on the vehicle must be performed by individuals making $16 or more per hour, with a 40% requirement in 2023.
  • The new agreement allows works in Mexico to unionize.
  • The definition of steel and aluminum for Mexico in regards to the automotive rules of origin includes “melted and poured” in North America.
  • USMCA will be subject to mandatory review every 6 years, if all parties agree, then there is a 16 year period for review, with subsequent reviews every 16 years.

If you have any further questions how your business may be impacted by the USMCA if and when it is passed next year, contact experienced trade attorney David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com or dh@gjatradelaw.com.

Pipe seized due to false country of origin markings.

December 12, 2019 By in country of origin, marking, pipe, pipe spools, seamless pipe, Uncategorized Tags: , , , , , , Leave a comment
Seized pipe

Image of suspected false “MADE IN CANADA” marking, source: CBP.gov

According to a U.S. Customs and Border Protection (CBP) media release, CBP officers inspected and seized a commercial truck carrying pipe stenciled with the words “Made In Canada” as the country or origin marking. However, upon further inspection, CBP officers determined the pipe contained other markings indicative of a third country of origin.

As a result, CBP officers seized the 48 pieces of pipe with an invoiced value of $9,677.

If you have any questions about marking or country of origin, give us a call. We also assist companies and importers with determining what is the correct country of origin and whether we can quantify goods as a different country of origin based on substantial transformation. 

We are here to answer all your country of origin questions, call/text David Hsu for immediate assistance at 832-896-6288 or by email at attorney.dave@yahoo.com, dh@gjatradelaw.com.

CBP prohibits invasive pests from importation to the US.

December 11, 2019 By in Customs Lawyer, Immigration and Customs Enforcement, pest, pests, U.S. Customs and Border Protection, Uncategorized, wood packaging material, wood wasps, wooden packaging materials, WPM Tags: , , , , , , Leave a comment
CHM Invasive Pests Insects.jpg

Image of invasive pests, source: CBP.gov

As we enter the holiday season, Agriculture Specialists with U.S. Customs and Border Protection (CBP) were busy conducting searches of trucks containing Christmas tree and greenery shipments. Over 200 trucks and 170,000 plant units were inspected, resulting in the interception of more than 350 invasive pests. Two of the invasive pests can be seen in the photo above.

Mid-November to early-December are the busiest times for the importation of trees and greenery used around the holidays. Without the help of CBP Agriculture Specialists, some of those pests may have arrived to certain parts of the US where they do not have any natural predators, resulting in millions of dollars in damage and the loss of large numbers of trees.

Typically if your imported items contain invasive pests, the items will be destroyed and not allowed into the stream of commerce. Our clients frequently encounter invasive pests (such as the wood-boring wasp) and their larve in wood packaging materials (WPM) used in the shipment of breakbulk and other containerized shipping to the US.

If you or anyone you know has had an invasive pest issue with WPM or your shipment is being denied entry into the US due to invasive pests, contact experienced WPM attorney David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com, dh@gjatradelaw.com.

Customs seizes $21,000 in unreported currency.

December 11, 2019 By in Attorney, FinCen, Import Export Attorney, Uncategorized Tags: , , , , , , , , , , , Leave a comment
IAD Currency1L 120619

Image of seized currency, source: CBP.gov

According to a U.S. Customs and Border Protection (CBP) media release, CBP officers seized $21,255 in unreported currency from traveler headed to Pakistan departing from Washington Dulles International Airport.

The passenger was headed to Pakistan through Turkey and was stopped for further inspection prior to boarding the plane. The traveler reported she had $6,000 and also told Customs officials she understood the currency reporting requirements.

Most of the time, Customs will make a traveler sign the FinCen 105 form before conducting a more detailed inspection.

After the traveler declared she had $6,000, a subsequent search by officers revealed she was carrying a combined $21,255. Customs returned her $255 for “humanitarian purposes” and seized $21,000 for violation of currency reporting requirements.

Depending on the amount seized, Customs may or may not return some money to the traveler for “humanitarian purposes” and the amount is discretionary.

Customs may or may not issue civil and criminal penalties for violation US currency requirements – in this instance, HSI was not involved so I do not believe Customs will pursue any criminal penalties.

If you have had your hard-earned currency seized by Customs, call experienced currency seizure attorney David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com, dh@gjatradelaw.com. There are certain deadlines that must be met to ensure your seized currency is not forfeited.