The opinions expressed are those of David Hsu and do not necessarily reflect the views of the firm, its partners, or its clients. The information in this blog is for general information purposes only and is not intended to be and should not be taken as legal advice on any subject. No recipient of content from this site, clients or otherwise, should act on the basis of any content in this site without seeking the appropriate legal or professional advice based on the particular facts and circumstances at issue from an attorney licensed in the recipient's state.
U.S. Customs and Border Protection (CBP) officers in Louisville seized a shipment described as “women’s clothes”. Upon further examination, CBP officers found designer shoes, handbags and clothes. Based off the appearance of the goods, a CBP import specialist examined the goods and determined 95 items were counterfeit and therefore seized. If authentic, the shipment from Vietnam destined to California was valued at $193,740.
If Customs has seized your goods and issued you a penalty notice for importing counterfeit goods, contact David Hsu for your options – call/text anytime at 832-896-6288 or by email attorney.dave@yahoo.com.
U.S. Customs and Border Protection (CBP), Office of Field Operations (OFO) officers at Eagle Port performed a secondary examination on a bus traveling into Mexico. Customs used non-intrusive ways to image the contents of the vehicle and later performed a physical inspection of the bus and luggage – finding over $196,925 in currency placed in a duffle bag.
Customs seized the money because failing to declare currency or monetary instruments over $10,000 when entering or leaving the United States is a federal offense. It is also illegal to conceal money with the intent to evade reporting, or dividing money among travelers so each traveler carries less than $10,000 (“structuring”).
If you have had your currency or monetary instruments seized by Customs. Contact David Hsu by phone/text for immediate assistance at 832-896-6288. Or email David at attorney.dave@yahoo.com.
According to a U.S. Customs and Border Protection (CBP) media release, CBP officers in Louisville seized five shipments containing counterfeit goods, if authentic would be worth more than $1.1 million.
On that day, CBP seized multiple shipments, with 5 separate shipments containing: 30 “Louis Vuitton” toes, 4 “Dior” handbags, 2 “Gucci” handbags, 200 “YSL” purses and another 366 “LV” bags. The last shipment contained a box with Louis Vuitton wallets.
When Customs detains goods for suspicion of counterfeit goods, CBP will submit photos or send samples to the trademark or other intellectual property rights holder. Almost 100% of the time the trademark holder will notify Customs the importer of record does not have a right to import the covered goods. If so, then Customs will seize the goods and send a “Notice of Sezizure” to the importer of record.
If you have had your goods seized by Customs, call David Hsu or text anytime at 832-896-6288 or email attorney.dave@yahoo.com.
As you are aware, the HMTX Industries LLC, et al., v. U.S., action initiated Sept. 10, 2020, in the U.S. Court of International Trade (“CIT”) alleges the U.S. failed to comply with applicable law when it imposed the additional “List 3” and “List 4a” duties on certain imports from China. Since the filing, over 3,200+ importers have filed their own “piggyback” actions in the CIT.
As the 2-year limitations period likely expires this upcoming Thursday, September 24th, I expect many more importers to file additional cases.
If you paid 25% duties under the Section 301 List 3 and List 4A duties and want to also preserve your opportunity to receive a future refund – contact David Hsu immediately by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com, dh@gjatradelaw.com.
U.S. Customs and Border Protection Officers in Chicago inspected and seized seven boxes from Hong Kong containing 423 smart watches and 200 earphones. With suspected intellectual property seizures, CBP will send photos or samples of the items to the Electronics Center of Excellence and Expertise (Electronics CEE). The CEE will then verify with the property rights holder if the importer was authorized to use the word mark. 100% of the time the property rights holder will reply the importer of record is not authorized to import the goods and the entire shipment will be seized.
In addition to registering the “Apple”, “iPhone” with Customs, companies can also protect the shape, design, form and function of the items. For example, the photo above shows the same shape and design of an Apple Watch. CBP estimates the value of the shipment, if authentic would be approximately $204,168.
What happens after a seizure? If you are an importer, after a seizure, CBP will send you a “Notice of Seizure”. You will then have 30 days to respond to the Notice of Seizure, if you do not – then Customs will begin forfeiture of your goods.
Contact David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com if you have received a seizure notice to discuss your options.
U.S. Customs and Border Protection (CBP) officers in Pittsburgh seized a shipment of 25 pacifiers with counterfeit marks of luxury brands such as Chanel and Mercedez Benz. In addition to bearing a registered mark, counterfeit products may also be manufactured using inferior quality of materials – such as lead paint with excessive lead paint levels. The pacifiers were bejeweled – causing CBP to note the poor quality workmanship may result in loose pieces breaking off and potentially choking a child that may ingest the pieces. If authentic, the pacifiers have a MSRP of $1,300.00.
If you have had your goods seized by Customs and you want to discuss your seizure options, contact David Hsu by phone/text at anytime at 832-896-6288 or by email at attorney.dave@yahoo.com.
A recent lawsuit filed in Federal court will address the question whether President Trump and his Administration lawfully imposed additional “trade war” duties on certain goods imported from China. The lawsuit alleges the goods included on “List 3” and “List 4A” were unlawfully enacted – and as such, importers who paid for the List 3 and 4A duties are entitled to a refund of duties paid with interest.
More specifically, the case of HMTX Industries LLC, et. al., v. US will determine whether the US did not comply with the applicable law when implementing the List 3 and List 4A duties on certain imports from China.
Importers who wish to preserve their opportunity to receive future refunds must act quickly to file their own “piggyback” actions in the CIT, as the lawsuit alleges a 2 year limitations period expiring Monday, September 21, 2020.
David Hsu and the trade law firm of Givens & Johnston stand ready to immediate file both CIT actions and CBP protests. To get the process started, contact David Hsu directly by phone/text to 832-896-6288 or by email at attorney.dave@yahoo.com,
Image of seized counterfeit AirPod, source: CBP.gov
U.S. Customs and Border Protection (CBP) officers at the LA/Long Beach seaport (one of the top 4 busiest US ports) seized over 2,400 pairs of counterfeit wireless earphones along with 14,220 charging cables. CBP estimates the value of the seized goods, if authentic to be worth $651,780. The goods were seized for violating Apple’s airpod and lightning registered trademarks (see image of a sample of the actual AirPods and cables seized).
If you have had your shipment seized for suspicion of violating trademarks, contact seizure attorney David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com to discuss your options.
