Monthly Archives: October 2020

US paying Brasil to not use Huawei?

October 25, 2020 By in 5G, Huawei Tags: , , , , Leave a comment
people having a party holding yellow and green flag
Photo by Anna Kapustina on Pexels.com

According to Reuters on October 20th, a US trade delegation visited Brazilian President Bolsonaro to offer financing to telecommunications companies that purchase network equipment from suppliers other than Huawei.

China is Brazil’s biggest trading partner and Huawei currently supplies equipment to telecommunications companies. Brazil plans to auction the 5G spectrum next year and this effort may be an attempt to convince Brazilian authorities to look at other 5G suppliers.

If successful, Brazil would join the US, UK, Australia, Sweden and Japan as countries already taking a position on banning Huawei into their 5G network.

Do you supply Huawei equipment or parts to Huawei and have questions about the export control ban? If so, contact David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com.

Huawei Docs to replace Office, Google Docs and iCloud?

October 25, 2020 By in Export, Huawei, Import Export Attorney Tags: , , , , , Leave a comment
apple internet technology computer
Photo by Zana Latif on Pexels.com

2 days ago, Huawei announced “Huawei Docs”, an office productivity software suite with individual software titles: Document, Spreadsheet and Presentation – clear alternatives to Microsoft’s Word, Excel and Power Point. Take a page from Google, Huawei Docs claims to support over 50 types of file formats and “Huawei Drive” allows users to save changes to the same document across all devices using their “Huawei ID.”

For Huawei users, Huawei Docs is avialable on all Huawei Mate 40 devices worldwide. While Huawei is number one in the world for most phones shipped, this new office productivity software can only increase sales.

Ultimately, I believe this move by Huawei is a result of the export ban on Huawei – preventing Huawei from accessing Google software and or Microsoft apps found on the Google play store.

Do you supply goods to Huawei and want to know if you are in compliance with the current export regulations? Contact David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com for a no-cost consultation.

Louisville CBP seized over $109M in counterfeits in 2020.

October 23, 2020 By in IPR, Notice of Seizure Tags: , , , , Leave a comment
Image of seized goods, source: CBP.gov

According to a U.S. Customs and Border Protection (CBP) media release, in the fiscal year ending September 30th, CBP officers in Louisville seized over $109 million worth of counterfeit goods.

The $109 million in seized goods was accumulated during the 741 counterfeit seizures made among 343 shipments with 46% of the counterfeit goods being imported in Hong Kong. The media release also said seized goods included jewelry, footwear, bags, wallets and electronics.

If you or anyone you know has had their goods detained by Customs, contact seizure attorney David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com.

Operation Mega Flex – $8 million in counterfeit watches seized.

October 23, 2020 By in Customs Lawyer Tags: , , , , , , Leave a comment
Counterfeit watches, sources: CBP.gov

According to a U.S. Customs and Border Protection (CBP) media release. CBP officers in Ohio seized 11 counterfeit Richard Mille watches from Hong Kong with the ultimate end user in New Orleans. See image above of the seized watches.

The seizures in Ohio and the other intellectual property rights violations seizures are part of CBP’s efforts to stop unfair Chinese trade practices and protect US businesses. This operation is known as “Operation Mega Flex and has resulted in 4,200 seizures of goods in the past 15 months”.

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

Unregulated tire rims from Thailand seized.

October 22, 2020 By in Attorney, NHTSA, rims Tags: , , , , , , Leave a comment

According to a U.S. Customs and Border Protection (CBP) media release, CBP officers in Minnesota seized 2,500 tire rims from Thailand. The shipment from Thailand was labeled as “steel wheels” but CBP officers instead found wheel rims. Photos of the wheels were sent to the National Highway Traffic and Safety Administration (NHTSA) where it was determined the company was not a registered manufacturer and therefore not admissible.

Image of non NHTSA-approved rims, source: CBP.gov

If you have had your goods seized for this or any other NHTSA violation, contact David Hsu by phone/text at 832-896-6288 or email at attorney.dave@yahoo.com to discuss your options.

Will Huawei sell their “Honor” phone brand to avoid US sanctions?

October 18, 2020 By in Attorney, Export, Export Administration Regulations, Huawei Tags: Leave a comment
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Photo by Pixabay on Pexels.com

According to a Reuters article on October 14th, Huawei Technologies Co. Ltd. is in talks with Digital China Group, TCL, and/or Xiaomi to sell their “Honor” brand smartphone business. Honor was established in 2013 as Huawei’s budget line of smart phones. It is believed the new deal may earn Huawei more than $3.5 billion dollars.

One benefit of the sale away from Huawei – would be Honor’s ability to purchase materials from US suppliers. The deal, if sold would include the Honor brand, research and development, and the supply chain management business.

If you export goods overseas or have any questions about how to avoid violating export penalties for violating US sanctions – contact export attorney David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com.

Counterfeit COVID test kits, medication and facemasks seized by CBP.

October 18, 2020 By in covid-19, Emergency Use Authorization, EUA, FDA, Notice of Seizure Tags: , , , , , , , Leave a comment

According to a U.S. Customs and Border Protection (CBP) media release, CBP officers in Baltimore and Pittsburgh seized shipments of unapproved or counterfeit COVID-19 medications, facemasks and testing kits.

The seizure included more than 58,000 face masks with designs violating trademarks of several designer consumer brands, professional sports teams, car manufacturers and cartoon characters. See below for a sampling of the various designs violating protected marks.

In addition to the facemasks, CBP officers also seized products claiming to be medication for COVID infected persons and more than 130 test kits not on the Emergency Use Authorization (EUA) list. Due to the non-compliance with FDA rules, the goods were seized and deemed inadmissible.

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

Images of seized test kits, source: CBP.gov

$2 million in counterfeit goods seized by CBP.

October 18, 2020 By in Notice of Seizure Tags: , , , , , , , Leave a comment
Counterfeit goods, source: CBP.gov

CBP officers in Louisville, Kentucky seized shipments from Dubai and Hong Kong containing over $2.0 million in counterfeit goods. The shipment from Dubai was labeled “men’s clocks” and upon inspection contained luxury watches from “Piguet”, “Hublot”, “Richard Mille” and “Cartier. The CBP import specialist determined the goods were counterfeit.

The second shipment from Hong Kong was labeled as “pedometers” – but in reality contained 180 “LV” watches and 65 “Oakley” sunglasses. Customs estimate the total seizure of the goods, if authentic, was worth $2,360,540.

The customs media release didn’t mention this – but if you have a shipment of goods destined for the US and detained by Customs, the typical 5-day rule of Customs to hold your goods does not apply. In general, seizures based on suspected counterfeit or IP violations do not have to abide by the 5-day rule and you may be looking at 2-4 weeks before your goods are seized or released.

If you have had your good seized by Customs for suspicion of being counterfeit – contact customs seizure attorney David Hsu by phone/text anytime at 832-896-6288 or by email at attorney.dave@yahoo.com.

Suspected goods made from Chinese forced labor seized by CBP.

October 17, 2020 By in child labor, forced labor, indentured labor, WRO Tags: , , , , , Leave a comment
Image of seized gloves; source: CBP.gov

CBP seized 32 cartons of women’s leather gloves suspected of being manufactured by forced labor. CBP believes the shipment may have been made from forced labor because the shipment originated from the Xinjiang Uyghur Autonomous Region. As you may or may not know, the Xinjiang region is where the CBP media release reports the Chinese is committing human rights abuses against the Uyghur people and other ethnic and religious minorities.

The shipment was detained under a “Withhold Release Order” (WRO) against Yili Zhuowan Garment Manufacturing Company Limited and Baoding LYSZD Trade And Business Company Limited. A WRO is typically issued against a manufacturer after CBP conducts an investigation. The investigation will look for forced labor indicators such as restriction of movement, isolation, intimidation, threats, withholding of wages and abusive working and living conditions.

If CBP issues a WRO, this enables CBP personnel at the port of entry to detain the shipment if there is a reasonable belief the goods were made by forced labor. WRO seizures are not able to be admitted to the US and Importer of Records of WRO goods have 90 days to re-export detained shipments or submit proof to CBP the goods were not made with forced labor.

If your goods are subject to a WRO and you want to discuss your options – contact David Hsu by phone/text at anytime to 832-896-6288 or by email at attorney.dave@yahoo.com.

Syringes with unapproved drugs seized by FDA.

October 17, 2020 By in FDA, Food and Drug Administration, Notice of Seizure, pharmaceutical drugs, Uncategorized Tags: , , , , Leave a comment
Seized syringes: source: CBP.gov

According to a U.S. Customs and Border Protection media release – officers seized a shipment of pre-filled syringes containing 200 Sodium Hyaluronate from Seoul, South Korea. Sodium Hyaluronate is used to treat osteoarthritis and seized for violation of the Food, Drug and Cosmetic Act (FDCA) prohibiting the importation of any food, drug, device, tobacco product, or cosmetic that is adulterated or misbranded.

The FDA Office of Criminal Investigation seized the shipment that would be worth $10,666 if authentic. Typical FDA seizures are due to unapproved prescriptions containing manufactured using incorrect or harmful ingredients.

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