Monthly Archives: November 2021

Department of Commerce to raise duty rates on importations of Canadian softwood lumber.

November 28, 2021 By in ADD/CVD Tags: , , , , , , Leave a comment
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Last week, the U.S. Department of Commerce issued the final results of their second administrative reviews on anti-dumping and countervailing duty (ADD/CVD) orders regarding certain softwood lumber products from Canada.

Instead of maintaining or reducing the current duty rate of 9%, the Commerce Department decided to double the duty rate on Canadian softwood lumber to 17.9%. The new duty rates will also apply retroactively to softwood lumber imports from companies subject to the second administrative review.

If you have any questions about how the results of the administrative review will impact your business, contact David Hsu by phone/text anytime to: 832-896-6288 or by email at attorney.dave@yahoo.com.

USITC votes affirmative to continue 201 duties on silicon PV cells.

November 27, 2021 By in ITC, Section 201, Solar panels Tags: , , , , , , , Leave a comment
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According to the US International Trade Commission (USITC) media release (https://www.usitc.gov/press_room/news_release/2021/er1124ll1852.htm), the USITC has determined that Section 201 tariffs should continue in order to “prevent or remedy serious injury to the U.S. industry” producing crystalline silicon PV cells.

After the USITC prepares a report – the USITC will then send the report to President Biden. The President then will make the decision whether to continue the Section 201 duties sometime after December 8th.

The Section 201 tariffs of 18% are imposed on all solar modules imported into the United States that don’t meet an exemption. If the tariffs are not extended by the Biden administration, the tariffs on solar modules will drop to 0% in February 2020.

If you have any questions on how the Section 201 tariffs on solar modules will impact your business – contact David Hsu anytime by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com.

$800,000 in Counterfeit AirPods Seized.

November 26, 2021 By in trademark Tags: , , , , , , Leave a comment
Image of counterfeit “AirPods”, source: CBP.gov

U.S. Customs and Border Protection (CBP) officers at the International Falls Port examined a rail container arriving in Minnesota. Upon further inspection, CBP officers found counterfeit Apple AirPods. CBP seized about 5,088 pairs of AirPods and 384 AirPod chargers with an MSRP of $813,216, if the goods were authentic.

If you have had a detention or seizure of alleged counterfeit Apple AirPods or other products, contact seizure attorney David Hsu by phone/text anytime at 832-896-6288 or by email at attorney.dave@yahoo.com.

1,000 counterfeit solar panels from China seized.

November 25, 2021 By in Solar panels Tags: , , , , , , , Leave a comment
Image of seized solar panels, source: CBP.gov

In late September, U.S. Customs and Border Protection (CBP) officials in Baltimore seized 1,000 solar panels from China destined to Denver. The 365-watt crystalline silicon photovoltaic modules from China were seized because the ELT markings were applied with the ETL trademark owner’s authorization. The Intertek ETL mark is only allowed on authorized goods that meet Intertek’s standards for compliance with North American performance and safety standards.

The seized panels were appraised at $275,000, if authentic. If you have had your shipment detained or seized due to not having the appropriate mark or alleged unauthorized use of a mark even though you have authorization – contact David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com for immediate assistance to explore your options.

CBP issues Withhold Release Order on Malaysian glove producers

November 25, 2021 By in detention, WRO Tags: , , , , , , , , , Leave a comment
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Please see below for the text of CBP’s WRO for disposable gloves produced by Malaysian company – Smart Glove

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Release Date: November 4, 2021

Agency will detain imports of disposable gloves produced using forced labor

WASHINGTON — Effective November 4, U.S. Customs and Border Protection (CBP) officers at all U.S. ports of entry will detain disposable gloves produced in Malaysia by a group of companies collectively known as Smart Glove. This group of companies includes Smart Glove Corporation Sdn Bhd, GX Corporation Sdn Bhd, GX3 Specialty Plant, Sigma Glove Industries, and Platinum Glove Industries Sdn Bhd.

“In the past two years, CBP has set an international standard for ensuring that goods made with forced labor do not enter the U.S. commerce,” said Troy Miller, CBP Acting Commissioner. “Manufacturers, like Smart Glove, who fail to abide by our laws will face consequences as we root out this inhumane practice from the U.S. supply chain.” 

CBP issued a Withhold Release Order (WRO) against disposable gloves produced by Smart Glove based on information that reasonably indicates that Smart Glove production facilities utilize forced labor. CBP identified seven of the International Labour Organization’s (ILO) indicators of forced labor during its investigation.

Federal statute 19 U.S.C. 1307 prohibits the importation of merchandise produced, wholly or in part, by convict labor, forced labor, and/or indentured labor, including forced or indentured child labor. CBP detains shipments of goods suspected of being imported in violation of this statute. Importers of detained shipments have the opportunity to export their shipments or demonstrate that the merchandise was not produced with forced labor.

“There is no place for forced labor in today’s world, particularly in U.S. supply chains”, said CBP Office of Trade Executive Assistant Commissioner AnnMarie R. Highsmith. “It undermines not only the U.S. economy but our commitment to upholding human rights throughout the world.”

This is the third WRO CBP has issued in Fiscal Year (FY) 2022.  In FY 2021, CBP issued seven WROs and two Findings. The ILO estimates that 25 million workers suffer under conditions of forced labor worldwide. Foreign companies exploit forced labor to sell goods below market value. This exposes vulnerable populations to inhumane working conditions like physical and sexual violence, isolation, restriction of movement, withholding of wages, excessive overtime, and more. It also hurts law-abiding businesses, threatens American jobs, and exposes consumers to unwittingly supporting unethical business practices. 

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If you have any questions about this WRO, or if you are subject to a WRO and want to explore your options – contact David Hsu by phone/text at anytime: 832-896-6288 or by email at attorney.dave@yahoo.com.

CBP Issues Withhold Release Order on Supermax Corporation Bhd. and its Subsidiaries.

November 25, 2021 By in WRO Tags: , , , , , , Leave a comment
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See below for the text of the actual CBP media release:

WASHINGTON —Effective Oct. 21, U.S. Customs and Border Protection (CBP) officers at all U.S. ports of entry will detain disposable gloves produced by Supermax Corporation Bhd.’s wholly-owned subsidiaries, Maxter Glove Manufacturing Sdn. Bhd., Maxwell Glove Manufacturing Bhd., and Supermax Glove Manufacturing.

“With this Withhold Release Order, the Biden-Harris Administration continues to make clear that products made in whole or in part by forced labor will not be allowed into the United States,” said Secretary of Homeland Security Alejandro N. Mayorkas. “DHS will continue to set an international standard for the elimination of the deplorable practice of forced labor. We will remove it from American supply chains.”

CBP issued a Withhold Release Order (WRO) against Supermax Corporation Bhd. and its subsidiaries based on information that reasonably indicates their use of forced labor in manufacturing operations. CBP identified 10 of the International Labour Organization’s indicators of forced labor during its investigation.

“This Withhold Release Order will help protect vulnerable workers,” said Troy Miller, CBP Acting Commissioner. “CBP is a global leader in forced labor enforcement, and we will continue to exclude products made by modern slavery from entering into the United States.”

Federal statute 19 U.S.C. 1307 prohibits the importation of merchandise produced, wholly or in part, by convict labor, forced labor, and/or indentured labor, including forced or indentured child labor. CBP detains shipments of goods suspected of being imported in violation of this statute. Importers of detained shipments have the opportunity to export their shipments or demonstrate that the merchandise was not produced with forced labor.

“With 10 of the 11 forced labor indicators identified during the course of our investigation, CBP has ample evidence to conclude that Supermax Corporation Bhd. and its subsidiaries produce gloves in violation of U.S. trade law,” said CBP Office of Trade Executive Assistant Commissioner AnnMarie R. Highsmith. “Until Supermax and its subsidiaries can prove their manufacturing processes are free of forced labor, their goods are not welcome here.”

In Fiscal Year 2021, CBP issued seven WROs and two forced labor findings. The International Labour Organization estimates that 25 million workers suffer under conditions of forced labor worldwide. Foreign companies exploit forced labor to sell goods below market value. This exposes vulnerable populations to inhumane working conditions like physical and sexual violence, isolation, restriction of movement, withholding of wages, excessive overtime, and more. It also hurts law-abiding businesses, threatens American jobs, and exposes consumers to unwittingly supporting unethical business practices.

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If you are subject to a WRO or have any questions how a CBP WRO will impact your business, contact David Hsu anytime by phone or text to: 832-896-6288 or by email at attorney.dave@yahoo.com.

$26 Million in Counterfeit Watches Seized

November 25, 2021 By in Hong Kong, Notice of Seizure Tags: , , , , , Leave a comment
Image of counterfeit seized watches, source: CBP.gov

Back in mid-September, U.S. Customs and Border Protection (CBP) officers in Kentucky seized 2,168 counterfeit designer watches with a MSRP of $57.84 million.

The shipment from Hong Kong and Turkey were destined for addresses in Florida and Michigan before they were inspected, detained and seized (1/4 of all counterfeit goods seized in the US originate from Hong Kong) The seizure included 21 counterfeit “Richard Mille” watches that would have been worth $25.56 million MSRP if authentic. The $25.26 million seized is only a fraction of the average $650 million of counterfeit watches and jewelry seized per year by CBP.

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

Nearly half million in counterfeit contacts seized.

November 25, 2021 By in FDA, Notice of Seizure Tags: , , , , Leave a comment
Counterfeit contact lenses, source: CBP.gov

In late October, U.S. Customs and Border Protection (CBP) officers along with the U.S. Food and Drug Administration (FDA) Office of Criminal Investigation special agents and FDA consumer safety officers seized nearly half a million dollars worth of nearly 26,000 pairs of counterfeit contact lenses. Contact lenses are regulated by the FDA and CBP is the enforcement mechanism.

The CBP media release further highlighted the dangers of purchasing counterfeit goods to the American consumer. If you have had your goods seized on suspicion of being counterfeit, contact seizure attorney David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com

“Water pipes” or “Gravity Pipes” seized by CBP.

November 25, 2021 By in drug paraphernalia Tags: , , , , , , , Leave a comment
Image of one of the seized “water pipes”, source: CBP.gov

CBP officers at Dulles International Airport seized a shipment of 3,738 glass bongs from China in early October. The documentation listed the goods as “gravity pipes”. CBP officers detained the shipment and sent a sample and photo to the CBP Centers of Excellence and Expertise (CEE) that handles Consumer Products and Mass Merchandising. More than a month later, CBP import specialists seized the goods (appraised at $56,033) on the basis of drug paraphernalia.

If you or someone you know has had a seizure for goods suspected of being drug paraphernalia, contact David Hsu by phone/text anytime to 832-896-6288 or by email at attorney.dave@yahoo.com.

$23,641 in unreported currency seized.

November 25, 2021 By in FinCen, Notice of Seizure Tags: , , , , , , Leave a comment
Image of hidden currency found in couple heading to Ghana, source: CBP.gov

According to a US Customs and Border Protection (CBP) media release – officers at Dulles airport seized unreported currency from a couple traveling to Ghana. While at Dulles airport, the couple declared to CBP they both had a combined $10,500. However, upon subsequent inspection, CBP officers seized $23,641 – more than double the initial claim amount.

According to the media release – the carry-on bag contained an envelope concealed behind the carry-on bag. CBP seized the currency for violations of the currency reporting laws, but did provide the couple with $641 in cash for “humanitarian relief”.

From my experience – it is a lot harder to get a return of seized property when the currency was concealed. In the instant seizure, CBP reports the cash was concealed behind the carry on bag’s liner. We also see travelers who try to place $100 bills between pages of a book or magazine – when this happens, it is a lot harder to prove to Customs the travelers were not trying to evade currency reporting guidelines.

If you have had your cash seized, contact seizure attorney David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com. Looking forward to hearing from you.