U.S. Customs and Border Protection (CBP) Officers in Cincinnati examined a package from China with its contents manifested as “mask” on April 3rd. Upon examination, CBP officers discovered 2,000 counterfeit masks branded as 3M. If authentic, the value of the masks would have been approximately $7,000. The package was destined to an individual residence in Austin, Texas.

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If CBP seizes your goods for violating intellectual property rights, such as importing facemasks using the “3M” mark, you will receive a Notice of Seizure or Seizure Notice in the mail. The notice will be sent by certified mail, return receipt requested (CMRRR) and will be sent to the address on the package or the listed importer of record.

From 30 days of the date of notice (and not the day you receive it), you will need to file a response. The options are: forfeit the items, offer in compromise, refer to court or file a seiure petition.

What if you do nothing? Then after 30 days, CBP will begin forfeiture of the seized goods – ie, CBP will take and destroy the items.

And then? Then you (importer of record) may receive a civil penalty notice (ie, a fine) for importing goods that violate a trademark registered with Customs.

If you have had your shipment seized by Customs, contact David Hsu by phone/text anytime at 832.896.6288 or by email at attorney.dave@yahoo.com.