Monthly Archives: May 2020

CBP Launches United States-Mexico-Canada (USMCA) Center to Coordinate Implementation of USMCA.

May 12, 2020 By in Uncategorized, United States-Mexico Trade Agreement, USMCA Tags: , , , , , Leave a comment
aerial view photography of container van lot

Photo by Tom Fisk on Pexels.com

According to a U.S. Customs and Border Protection media releaes, CBP will open the USMCA Center prior to the start of the USMCA on July 1st. The USMCA Center will be the main communication hub for CBP and will include experts in operations, legal, audit and also virtual representatives from Canadian and Mexican customs authorities. The Center is there to ensure an efficient transition from NAFTA to USMCA.

Part of the center will also help the trade community with a focus on outreach, training and developing new regulations and procedures.

As you are aware, the USMCA replaces NAFTA and has been modernized to reflect technological changes in the past 25 years. The changes cover rules of origin, market to agricultural goods, digital trade, changes to labor rights of workers, and the protection of intellectual property rights.

The media release does want to remind members in the trade community the NAFTA rules will apply until July 1st. If you have any questions how the new USMCA will impact you, please contact David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com.

US Senator introduces resolution to withdraw US from the WTO.

May 8, 2020 By in corona virus, Uncategorized Tags: , , , , , , Leave a comment
pexels-photo-616852

Photo by kendall hoopes on Pexels.com

This past Thursday, US Senator Josh Hawley introduced a joint resolution to withdraw the US from the World Trade Organization.

The World Trade Organization was established in 1994 and under the agreement establishing the WTO – Congress receives a report every 5 years on the effects of the WTO on the US economy and enables a vehicle for Congress to revoke the US’ participation in the WTO.

In the joint resolution by Senator Hawley, Hawley writes the coronavirus pandemic has shown China’s use of the WTO to benefit themselves and other elites around the world at the expense of the US.

The full text of the resolution is available here.

Counterfeit markers seized in Minnesota.

May 8, 2020 By in Customs Lawyer, Notice of Seizure, seizure notice, U.S. Customs and Border Protection, Uncategorized Tags: , , , , Leave a comment
Marking pen sets (002)

Seized fake “Sharpies”, source: CBP.gov

So I blog a lot about seized goods, mostly luxury goods, phones, shoes, medicine, and recently COVID test kits – however this is the first time I’ve seen Customs publish a media release on seizure of school supplies.

U.S. Customs and Border Protection (CBP) officers in Minnesota inspected a rail container and discovered market sets violating intellectual property rights. The seizure contained 5,000 marker sets and if genuine would carry an MRSP of about $115,000. Based off the above picture supplied by Customs, it appears they seized these goods for not using the “Sharpie” brand word mark, but likely for copying the design of the barrel and cap commonly seen on “Sharpie” brand permanent marker.

If your goods have been seized, there may be something you can do – contact customs seizure attorney David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com.

CBP officers seize counterfeit luxury goods.

May 8, 2020 By in Customs Lawyer, Notice of Seizure, seizure notice, U.S. Customs and Border Protection, Uncategorized Tags: , , , , Leave a comment
Shoes

Image of counterfeit shoes, source: CBP.gov

According to a U.S. Customs and Border Protection (CBP) media release, CBP officers in North Dakota inspected a rail container and found counterfeit shoes and a dress. CBP officers examined the shoes and seized the shipment for violating intellectual property rights (IPR). From looking at the photo by CBP, it appears the use of the word mark was the basis for the seizure. Most counterfeiters typically copy the pattern, but adding the word mark does violate the IPR.

If authentic, the estimated MSRP of the goods is approximately $28,545.

If you have had your shipment seized by Customs, contact David Hsu for a no-cost, no obligation consultation. There are certain things you must know to protect yourself if your goods have been seized. Contact by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com.

CBP Agriculture Specialists intercept several invasive pests.

May 6, 2020 By in CBPAS, invasive species, ISPM-15, pests, U.S. Customs and Border Protection, Uncategorized, wood packaging material, wood wasps, WPM Tags: , , , , , Leave a comment
pexels-photo-1684989

Photo by Brent Keane on Pexels.com

U.S. Customs and Border Protection Agriculture Specialists (CBPAS) in Portal found mission grass on wood packing material from Vietnam. This weed is an invasive species that spreads by seed and native to tropical Africa. Mission grass is usually used for cattle feed, but can invated cultivated fields and overtake crops.

Besides mission grass, CBPAS in Portal also found several boring beetle trails carved into the wood on one of the pallets holding cargo. Following the trails resulted in finding four live wood boring beetle larvae. CBPAS later identified the larva as longhorn beetles. Longhorn beetles are invasive species that harm the timber industry, wildlife habitats and urban landscapes.

Lastly in Minneosa, CBPAS officers found the exoskeletons of larval khapra beetles. Khapra beetles have larval covered in fine hairs that contaminate the products they infest. Khapra beetles also are difficult to remove – they live up to 7 years without food and are resistant to insecticides.

If you have had your shipment seized for invasive species, contact David Hsu by phone/text for a no-cost or obligation consultation at 832-896-6288 or by email at attorney.dave@yahoo.com.

CBP officers seize counterfeit televisions.

May 6, 2020 By in Customs Lawyer, HDMI, IPR, television, U.S. Customs and Border Protection, Uncategorized, USB Tags: , , , , , , , Leave a comment
Televisions

Image of seized television, source: CBP.gov

According to a U.S. Customs and Border Protection (CBP) media release, CBP officers at Minneosta’s International Falls Port of Entry inspected a rail container and found 440 televisions that violated intellectual property rights (IPR) regulations. If genuine, the MSRP of the goods would retail for approximately $175,560.

*****

The CBP media release did not specify what IPR violations occurred. Judging by the photo above provided by Customs, I suspect there may be two issues:

(1) The USB logo is used, however, the manufacturer of this TV may not have been qualified to display the certified USB logo.

(2) I think the main reason is the use of the “HDMI” logo on the box. The HDMI logo, and High-Definition Multimedia Interface are trademarks or registered trademarks to HDMI Licensing, LLC.

Based on what’s on the press release, there are several options for the importer of record. If you have had any goods seized by Customs, contact customs seizure attorney David Hsu anytime by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com, dh@gjatradelaw.com.

US pork exports to China increase while US faces meat shortage.

May 6, 2020 By in covid-19, Export, pork, Uncategorized Tags: , , , , , , , , , Leave a comment
pexels-photo-110820

Photo by mali maeder on Pexels.com

As part of Phase 1 of the US/China trade deal, China agreed to purchase more US goods and one such product has been pork to replace 1/3 of China’s hog population that was decimated in mid-2018 due to African swine fever. Besides pork, China also imported more US beef and poultry products after lifting a prior ban on US poultry. However, one downside of the Phase 1 trade deal has been exasperated by the meat processing plant closing as a result of COVID-19 infections. This has created the issue of too much meat being exported and not enough fresh meat being stocked in US grocery stores.

The U.S. meat shortage and the Phase 1 goals of increasing exports to China seem to be opposing forces, raising the question of whether sales and shipments will or should be limited. Some restrictions would not be surprising given U.S. President Donald Trump’s more combative tone in his recent comments on trade with China.

March 2020 saw the second highest volume of pork to China with the US exporting 95,892 tons, with a combined total of 280,507 tons of pork and pork product exported so far in 2020 (an increase of 300% over the first three months of 2019) with chicken feet being the largest exported US poultry item to China. The combined value of all pork, beef and poultry exports to China for January to March of 2020 totaled $781 million.

If you have any questions about the China trade deal or the 301 duties, contact David Hsu anytime by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com.

Fake Cialis and Viagra Pills Seized by CBP.

May 5, 2020 By in Customs Lawyer, FDA, U.S. Customs and Border Protection, Uncategorized, viagra Tags: , , , , , , , Leave a comment
Counterfiet Cialis 1

Counterfeit medication from Turkey; source: CBP.gov

U.S. Customs and Border Protection (CBP) officers in Kentucky seized counterfeit Cialis and Viagra pills in Kentucky. The shipment from Turkey was destined to a city in California and labeled as “throat lozenges and candies”. However, CBP’s experienced officers looked at the totality of the circumstances and determined the route of the shipment and the packaging of the pills were indicative of being counterfeit pills.

Customs warns consumers of the dangers of buying counter medicines – which may have the incorrect or harmful ingredients.

If you have had your shipment seized by Customs, contact customs seizure attorney David Hsu by phone/text at anytime at 832-896-6288 or by email at attorney.dave@yahoo.com.

More counterfeit COVID-19 test kits seized.

May 5, 2020 By in corona virus, covid-19, FDA, Uncategorized Tags: , , , , , Leave a comment
Test Kit 1

Image of seized COVID-19 test kit, source: CBP.gov

U.S. Customs and Border Protection (CBP) officers in New Jersey seized another shipment containing counterfeit COVID-19 test kits. A secondary inspection of the shipment discovered 25 COVID-19 test kits not approved by the U.S. Food and Drug Administration (FDA). This seizure was just 25 out of the 600 COVID test kits seized at the Rochester airport.

All imported test kits are presumed to lack FDA approval as the FDA has only allowed 50 companies to develop and distribute the COVID test kits and the companies that manufactured the seized test kits have not been approved.

*****

My guess for the large number of imports and seizures of the test kits are due to family members overseas sending kits to their family in the US who want to be sure they do not have the virus and pass on to older family members.

If you have had your good seized by customs and want to know what you can do next, contact experienced seizure attorney David Hsu by phone at 832-896-6288 or by email at attorney.dave@yahoo.com.

EU and Mexico reach new trade agreement.

May 4, 2020 By in European Union, trade deal, Uncategorized Tags: , , , , Leave a comment
pexels-photo-113885

Photo by freestocks.org on Pexels.com

Last week was the culmination of two years of negotiation between the European Union and Mexico to reach a new free-trade agreement. The last trade deal occurred in 2000 and that trade deal covered only industrial goods.

Details of the EU-Mexico trade agreement can be downloaded in PDF directly from the EU website here. Part of the new EU/Mexico trade deal changes include:

1. Almost all goods between the Mexico and EU will be duty free;
2. New rules on sustainable development and implementation of Paris Climate Agreement;
3. New rules on investment protection;
4. Simpler customs procedures to help boost exports.

While the terms of the agreement have been reached, the next step is to finalize the agreement, translate into EU languages and then submit the proposed agreement for signature and conclusion to the Council and European Parliament.