Monthly Archives: April 2020

USDA allows citrus imports from China as part of Phase One trade deal.

April 24, 2020 By in citrus, trade deal, Uncategorized Tags: , , , , , , Leave a comment
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Photo by Lena Khrupina on Pexels.com

As part of the “Phase One” trade deal between the US and China, market access for Chinese citrus products was one requirement. However, US citrus growers, specifically those in Florida’s citrus industry sent a letter opposing the import of Chinese citrus. The main reasons for opposing citrus from China was the risk of invasive pests and diseases, specifically the fruit fly pest that may damage Florida citrus products and potentially damage other crops such as avocados, blueberries, peaches, peppers, persimmons and tomatoes.

In addition to natural risks, critics also cite the economic disadvantage of foreign competition during the COVID-19 crisis. The letter to the USDA also cited a topic covered previously on our blog – the dumping allegations of Mexican tomato growers. Florida tomato growers are already impacted by the competition of Mexican tomatoes, and the last thing tomato growers need to worry about is the risk of invasive pests from potential imports of Chinese citrus products.

Other opponents to the Phase One trade deal allowing access to Chinese citrus producers include Florida Farm Bureau Federation, Florida Department of Agricultre and Consumer Services and the Highlands County Citrus Growers Association.

While there is strong opposition to these imports, the opposition will likely not be enough to change Phase One of the trade deal.

If you will be importing citrus fruits – be sure you are in compliance, give David Hsu a  call/text at 832-896-6288 or by email at attorney.dave@yahoo.com.

90-day suspension of tariff payments.

April 24, 2020 By in Import, Import Export Attorney, Uncategorized Tags: , , , , , , , Leave a comment
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Photo by Frans Van Heerden on Pexels.com

Last Sunday, the Treasury Department and U.S. Customs and Border Protection announced a rule delaying payment of tariffs on certain goods coming into the US for 90 days. The announcement indicated the U.S. importer seeking a 90-day delay must “demonstrate a significant financial hardship” and also must have work operations that are “fully or partially suspended during March or April 2020 due to orders from a competent governmental authority limiting commerce, travel, or group meetings.”

While providing some relief to importers, the announcement was not a complete tariff delay for all imports as was sought by retailers. Other noticeable exceptions to the 90-day delay included steel and aluminum imports from China along with antidumping and countervailing duties.

If you are interested in seeing if your company is able to defer duty payments, contact experienced trade attorney David Hsu by phone/text anytime to 832-896-6288 or by email at attorney.dave@yahoo.com.

CBP seizes counterfeit 3M masks.

April 23, 2020 By in Attorney, Import Export Attorney, Uncategorized Tags: , , , , , , , , Leave a comment
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Image of seized “3M” masks, source: CBP.gov

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.

CSMS – info for importing PPE and medical devices during COVID-19.

April 22, 2020 By in cargo system, covid-19, CSMS, Uncategorized Tags: , , , Leave a comment
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According to Cargo Systems Messaging Service (CSMS #42448725) titled: Information for Filing Personal Protective Equipment and Medical Devices During COVID-19.

Today the FDA provided an update for instructions to importers of personal protective equipment and certain other devices.

General purpose (non-FDA-regulated) personal protective equipment such as masks, respirators, gloves, etc or for industrial use (ie not to prevent disease or illness) is not regulated by the FDA, and as such entry information does not need to be transmitted to the FDA. The entry paperwork only needs to include the correct HTS code and the importer or customs broker should include the FD1 flag and “disclaim” for FDA.

On the other hand, products authorized for emergency use pursuant to an Emergency Use Authorization (EUA) do need to have the entry information submitted to the FDA. During the time of the coronavirus pandemic, however, the FDA information is less than prior to the pandemic.

Goods that are authorized by the EUA include:

· Non-NIOSH-Approved Respirators: 80QKU

· NIOSH-Approved Respirators

· Face Masks (Non-Surgical)

· Diagnostic Tests Kits

· Ventilators

· Face Shields

· Respirator Decontamination Systems

· Extracorporeal Blood Purification Devices

· Infusion Pumps

· Ventilators

· Diaphragmatic Pacing Simulator Systems

The full text of the CSMS can be found here.

If you  have any questions about your upcoming PPE or medical device import or want to ensure you are in compliance, contact experienced trade attorney David Hsu by phone/text at 832-896-62988 or by email at attorney.dave@yahoo.com.

COVID-19 victim? Huawei dropped as UK 5G vendor.

April 21, 2020 By in 5G, Export, Huawei, Import Export Attorney, UK, Uncategorized Tags: , , , , , Leave a comment
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Photo by Andre Moura on Pexels.com

One fallout of the COVID-19 pandemic is the United Kingdom’s recent decision to move away from China-based Huawei as the company to help build the UK’s 5G infrastructure. Last year, Prime Minister Boris Johnson (who is currently recovering from COVID-19) gave Huawei the lead in building the UK’s 5G infrastructure.

UK lawmaker Tom Tugendhat, the Conservative Party’s chairman of the House of Commons Foreign Affairs Committee, is quoted as saying: “It’s a shared realization of what it means for dependence on a business that is part of a state that does not share our values,” Tugendhat said.

This is likely welcome news to the US which was very critical of Johnson’s decision last year to go with Huawei – raising concerns by the US that China could use Huawei technology to collect intelligence.

The US viewed Johnson’s decision on Huawei as a major blow to the “five eyes” electronic surveillance alliance among the US, the UK, Canada, Australia and New Zealand. US officials fear China could use Huawei to collect intelligence.

If you or your company does business with Huawei, and you  have concerns about your export compliance, contact experienced import/export compliance attorney David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com.

CBP seizes non-FDA compliant thermometers.

April 21, 2020 By in corona virus, FDA, Import, Import Export Attorney, Uncategorized Tags: , , , , , , Leave a comment
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Photo by Anna Shvets on Pexels.com

According to a U.S. Customs and Border Protection media release, CBP officers in El Paso’s Bridge of the America’s facility seized a shipment of “pyrometers” (infrared forehead thermometers) with a value of over $7,000.

Upon examination, the CBP officers found the pyrometers to be non-compliant with FDA regulations. It is important for FDA compliance on these types of thermometers because they can give false readings if they do not meet strict FDA requirements.

If you have had your goods seized for non-FDA compliance, or if you have any questions about ensuring FDA compliance BEFORE you import, contact experienced import and export attorney David Hsu at 832-896-6288 or by email at attorney.dave@yahoo.com.

Unlabeled hand sanitizer seized by Customs.

April 19, 2020 By in corona virus, hand sanitizer, Import, Import Export Attorney, Uncategorized Tags: , , , , , , , Leave a comment
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Actual image of the seized hand sanitizer, source: CBP.gov

U.S. Customs and Border Protection Officers at the Bridge of the Americas international crossing seized a shipment of unlabeled gel product April 15 that was claimed to be hand sanitizer.

The U.S. citizen was driving a car from Mexico and declared they had personal use quantity of hand sanitizer. During a secondary evaluation, CBP offers found 2,205 unlabeled bottles in the vehicle along with 1,000 unmarked masks. CBP officers declared the shipment a “commercial quantity”.

If you have had a shipment of personal protective equipment or hand sanitizing products seized by CBP during the coronavirus pandemic, contact experienced seizure attorney David Hsu by phone/text at 832-896-6288 or by email attorney.dave@yahoo.com.

CBP seizes $45k in unreported currency.

April 19, 2020 By in Attorney, Import Export Attorney, Uncategorized, vehicle seizure Tags: , , , , , , , , , , Leave a comment
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Image of the seized currency, source: CBP.gov

According to a U.S. Customs and Border Protection (CBP) media release, the Office of Field Operations (OFO) in Laredo seized over $45,000 in undeclared currency in a single event over the weekend.

Officers seized the currency from a new 2020 Toyota Avalon traveling to Mexico during examination. A physical inspection revealed $45,147 in undeclared currency. As a result, the vehicle and cash was seized by CBP. In this instance, the vehicle, cash and seizure was turned over to U.S. Immigration and Customs Enforcement-Homeland Security Investigations (ICE-HSI) special agents for further investigation.

In general, if your seized goods are referred to HSI, then there will likely be a criminal investigation into the seized goods.

If you have had your goods seized in the Port of Laredo or any of the over 400 ports of entry into the US, contact experienced seizure attorney David Hsu by phone/text at 832-896-6288 or by email attorney.dave@yahoo.com.

$51k in counterfeit electronics, Apple Air Pods, Jordans and purses seized.

April 10, 2020 By in Attorney, U.S. Customs and Border Protection, Uncategorized Tags: , , , , , , , , , , , , , Leave a comment

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Counterfeit Apple charger.

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Counterfeit “Gucci” purse.

According to a U.S. Customs and Border Protection (CBP) media release, CBP officers in Pittsburgh seized counterfeit consumer goods that included electronics, air pods, sneakers and designer brand purses. If authentic, the value of the seized goods would be more than $51,000. The two above photos are from the CBP media release.

It is obvious the purse is a counterfeit, however, I don’t believe the importers of the AC adapter should have their adapters seized – there is no way an importer or manufacturer would use an image of a red apple and believe someone would think that is a real Apple product.

The counterfeit goods were shipped in 23 separate boxes, of which 19 boxes were from Hong Kong, 2 from China, and 1 each from Singapore and Taiwan. The media release further itemizes the seized goods: 264 flawless shavers (no idea what these are), 235 Apple chargers (which wouldn’t confuse anyone as to their authenticity), 120 “Apple” ear pods, 60 HDMI switches, 21 fully-loaded Nintendo-like gaming systems (probably the emulators running Nestopia?), 20 pairs of Air Jordans and counterfeit purses featuring brand names such as Louis Vuitton, Prada, Fendi and Gucci.

If you have had your good seized and you received a seizure notice from Customs, contact experienced customs seizure attorney David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com.

CBP in Arizona changes Mariposa hours of operation.

April 4, 2020 By in corona virus, covid-19, Uncategorized Tags: , , , , , Leave a comment

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Photo by Ian Beckley on Pexels.com

According to a – U.S. Customs and Border Protection (CBP) media release, the Mariposa Commercial Facility operating hours will be 8 am to 8 pm starting Monday, April 16th. The reduction in operating hours at the Mariposa Crossing due to the COVID-19 virus, with shorter hours that will limit CBP officer exposure to the virus and and potentially slowing the spread. It is important to note commercial traffic hours remain the same.

“The Port of Nogales continually works closely with local partners and industry stakeholders,” stated Area Port Director Michael Humphries. “The reduction in hours will further CBP measures to protect our employees from exposure while stopping the potential spread of COVID-19.”

If you have any general trade, customs, import/export or compliance questions – contact David Hsu by phone/text: 832.896.6288 or by email at attorney.dave@yahoo.com.