Counterfeit diabetic socks seized by CBP.

According to a U.S. Customs and Border Protection (CBP) media release, CBP officers in Virginia seized nearly 120,000 pairs of counterfeit socks frequently purchased by diabetic patients. The MSRP, if authentic, totals over $1.8 million. CBP verified whether the Hugh Ugoli branded cotton socks from Turkey contained the “Seal of Cotton” trademark. CBP officers verified the shipment with CBP’s Apparel, Footwear and Textiles Centers of Excellence and Expertise, for a final authenticity determination and an appraisal. CBP’s trade exports found the entire shipment was counterfeit for violating the “Seal of Cotton” trademark.

In general, products with the Seal of Cotton trademark, owned and licensed exclusively by Cotton Incorporated, are evaluated based on the cotton content in their product. Licensees of the “Seal of Cotton” must have all artwork and packaging bearing the “Seal of Cotton” trademark approved prior to manufacturing and distribution.

If you have had your shipment seized by CBP for violating the “Seal of Cotton” or other trademarks such as the iPhone, Android, USB, HDMI or any other trademark logo – contact David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com.

Bipartisan Ocean Shipping Reform Act (OSRA) signed into law.

assorted color cargo containers near body of water
Photo by Matthis on Pexels.com

In mid-June, President Biden signed a bipartisan bill to help US importers, exporters, freight forwarders, and other companies seeing high shipping costs and other problems since the start of the pandemic.

One highlight of the bill was to address the increasing demurrage and detention (D&D) charges which have skyrocketed in the past year. Common carriers under the new law, now have to certify that D&D charges comply with federal rules and regulations. The certification also requires common carrier invoices to include information (1) the applicable D&D rule on which the daily rate is based; (2) the applicable rate or rates per the applicable rule; (3) the total amount due; (4) the contact information for questions or requests for mitigation of fees; and (5) a statement that the common carrier’s performance did not cause or contribute to the underlying invoiced charges. The new bill requires this information, and if the common carrier does not provide the information in the invoice – then there is no obligation to pay the D&D charges.

Another highlight is the ability for individuals to submit complaints to the Federal Maritime Commission (FMC) about charges from a common carrier. The FMC is empowered to conduct a prompt investigation and the common carrier would have the burden of proof to establish reasonableness of any D&D charges.

In addition to addressing D&D charges, other parts of the OSRA require the FMC to: (1) define “unfair or unjust discriminatory methods”, (2) create a shipping exchange registry to provide certain services, such as mediation of contract disputes, (3) public disclosure and publication on the FMC website of false D&D invoices and quarterly reports, a (4) place for the public to submit complaints, concerns, reports of noncompliance, request for investigation, etc, and a (5) consumer affairs office to assist, mediate and facilitate challenges and disputes involving cargo shipments.

If you have any questions how the OSRA, and or would like to update your compliance program to address the new OSRA requirements – contact David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com.

Counterfeit goods worth $22.5 million seized by Customs.

Image of seized counterfeit watches, source: CBP.gov

According to a U.S. Customs and Border Protection (CBP) media release, CBP officers in Kentucky seized a shipment of 585 counterfeit designer watches bearing trademark logos for Rolex and Cartier. The shipment from Hong Kong was headed for a New York address, and if real, would be worth approximately $22.6 million.

The seizure of counterfeit watches totaled over $1.18 billion (MSRP) last year and will likely increase due to the large number of electronic commerce sales from China being imported into the United States.

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