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.
Author Archives: Trade, Customs and Import, Export Attorney
According to U.S. Customs and Border Protection (CBP), officers at Philadelphia International Airport seized $200,000 in unreported currency from a New Jersey traveler bound for Nigeria. Prior to the seizure, CBP Officers explained the currency reporting laws. Afterwards, the traveler declared to CBP he possessed $11,000. However, during a search of his baggage, officers discovered $200,068 in U.S. dollars and about $251.00 in Nigerian naira.
The total seizure of $200,319 represents the thrid largest unreported currency seizure since 2003. After seizing the funds, CBP remitted about $1,250 back to the traveler for “humanitarian purposes”.
If you have had your currency seized by CBP, contact currency seizure attorney David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com, DH@GJATradeLaw.com.
The Uyghur Forced Labor Prevention Act (UFLPA) was signed into law by President Biden in December 2021 and took effect in June 2022. The UFLPA requires importers and manufacturers to prove any goods made in Xinjiang, or include Xinjiang in the supply chain, are free from the use of forced labor. If the importers cannot prove forced labor was used in the production of the goods or components, then the goods would not be allowed entry into the US.
Additionally, importers can request a review from CBP of their supply chain, and if approved, the UFLPA will not apply to their goods.
From June to December 2022, half of all shipments held for inspection by CBP were related to solar panels or related components that are used by the solar industry. Out of those shipments held for inspection, about one-third were released after inspection.
As a background, since 2014, the People’s Republic of China (PRC) has engaged in repressing the Uyghur Muslims and other minorities in the Xinjiang region in far-west China. Some methods of repression include human rights abuses, mass detention, re-education camps and forced labor. The PRC claims the actions are counter terrorism efforts and camps provide vocational training.
If you have had your goods investigated for suspicion of forced labor or if your company would like to apply for a Customs review of your supply chain, contact David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com; DH@GJATradeLaw.com.
According to a U.S. Customs and Border Protection (CBP) media release, CBP officers during routine x-ray screenings found an image of a skull-shaped object in one of the bags. US Fish and Wildlife Services evaluated the skull to be a young dolphin skull.
In general, some types of fish, wildlife, and or products made from fish and wildlife are not permitted to be imported or exported. The list of prohibited items includes wild birds, mammals, marine mammals, fish, reptiles, or any animal part or product – including skins, bones, tusks, feathers or eggs.
If you have had certain fish, wildlife or products permitted seized by Customs, contact customs seizure attorney David Hsu by phone or text at anytime at 832-896-6288 or by email at attorney.dave@yahoo.com; dh@gjatradelaw.com.
According to the Food and Drug Administration (FDA) announcement today (Thursday, February 2, 2023); imports of products made by Indian healthcare company, Global Pharma Healthcare Private Limited and sold under the brand names “EzriCare” or “Delsam Pharma” are restricted from importation to the US.
The import ban is a result of a recall of the eye drops due to violations of manufacturing regulations by the manufacturer, lack of microbial testing and concerns over tamper-evident packaging. The violations have led to a potential bacterial contamination that increases the risk of eye infections that may result in blindness or even death.
The U.S. Centers for Disease Control and Prevention claims at least 55 people around the US have been impacted by the bacterial contamination. So far one person has died from the infection and 5 of 11 patients with infections in their eyes have lost their vision.
The eye drops are top sellers on Amazon and also available through Walmart. If you or your company are on the FDA “red list”, contact attorney David Hsu by phone/text at anytime, 832-896-6288 or by email at attorney.dave@yahoo.com; dh@gjatradelaw.com.
This past week, US Customs and Border Protection issued a detention notice to AP Moller-Maersk A/S under the Uyghur Forced Labor Prevention Act, signed by US President Joe Biden in 2021. The UFLPA requires companies to document goods from or produced in Xinjiang are not produced using forced labor.
Since 2021, CBP focused on cotton, tomatoes and polysilicon from the Xinjiang region and this recent detention notice now includes aluminum to the list.
The UFLPA requires companies to perform due diligence of their supply chain and the implementation of compliance programs to ensure the products they import do not contain any cotton, tomatoes, polysilicon and aluminum that may have been produced by forced labor.
Contact David Hsu if you or your company needs a compliance program or want to evaluate their supply chain by phone or text anytime at 832-896-6288 or by email at attorney.dave@yahoo.com; dh@gjatradelaw.com.
According to a U.S. Customs and Border Protection (CBP) media release, CBP officers seized two shipments at the International Mail Facility near O’Hare International Airport. The shipments orginated from Thailand and were to be delivered to Alabama and Texas. The seizure of 451 pieces of jewelry, apparel would have been worth $686,000 if genuine and not counterfeit.
The counterfeit goods were marked with popular luxury brands such as Louis Vuitton, Chanel, Gucci, Rolex Watches and others.
CBP noted the poor packaging, low declared value and overall low quality as indicating the goods were counterfeit.
Is North Korean Labor used in your supply chains? The answer should be no, and if you are not sure, then you need to be aware of the Countering America’s Adversaries Through Sanctions Act (CAATSA).
In early December, U.S. Customs and Border Protection (CBP) authorized the detention of merchandise from multiple China-based companies – Jingde Trading Ltd., Rixin Foods. Ltd., and Zhejiang Sunrise Garment Group Co. Ltd. at all U.S. ports.
This enforcement action is the result of a CBP investigation indicating that these companies use North Korean labor in their supply chains in violation of the Countering America’s Adversaries Through Sanctions Act (CAATSA).
The CAATSA prohibits any goods that are produced, or manufactured in whole or in part by North Korean nationals or North Korean citizens anywhere in the world – unless the importer or manufacturer can provide clear and convincing evidence the goods were not made by convict labor, forced labor, or indentured labor.
To enforce the CAATSA – CBP can detain any merchandise suspected of violating CAATSA at all ports of entry into the US.
If you have received notice of a CAATSA violation – please note, you have 30 days to provide clear and convincing evidence forced labor was not used. If you have received a notice – contact David Hsu immediately by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com; DH@GJATradeLaw.com.
Any delay may result in seizure and or forfeiture of your goods. Also, if you are aware of any company or manufacturer importing goods made in violation of CAATSA, please also contact David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com; DH@GJATradeLaw.com. All communications are confidential and subject to attorney/client privilege.
According to a mid-November U.S. Customs and Border Protection (CBP) media release – a passenger headed from Dulles Airport to Egypt had over $33,000 in currency seized by CBP.
Prior to boarding the flight to Egypt, CBP officers asked the traveler the amount of currency in his possession while requiring the traveler to complete a U.S. Treasury Department form for reporting currency. At the time of questioning, the traveler told CBP and completed the form confirming he had $20,000. However, during a subsequent investigation of the passenger’s baggage, CBP officers discovered a total of $33,868. Officers seized the currency and released the traveler.
Not mentioned in the report is the traveler likely missed his flight as the baggage inspection process takes several hours and CBP will always stop passengers as the plane is boarding. Also not mentioned is whether the traveler received a small sum of money in return known as “humanitarian relief”. As it was not mentioned, I don’t believe CBP returned a portion of the seized funds to the traveler.
If you or someone you know has had their currency seized, contact customs seizure attorney David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.om; dh@gjatradelaw.com.
According to a U.S. Customs and Border Protection (CBP) media release, agriculture specialists at the Calexico East port intercepted a “leafhopper” in late August. This small insect’s discovery is a “First-in-Nation” pest discovered in a shipment of celery and fresh peppers. While known as the “leafhopper”, the pest is actually identified as the Kunzeana versicolora (Cicadellidae). These insects are plant feeders that suck plant sap from grass, trees and shrubs. The feeding by the Leafhoppers causes plants to develop pale specks and the leafhoppers also transmit plant pathogens that may result in plant disease.
As is usual with a first-in-nation pest, the truck and shipment of food was returned (re-exported) to Mexico as a precautionary measure.
If you or anyone you know has had their shipment delayed, seized, or received a notice to export due to an invasive pest, contact David Hsu immediately by phone or text at 832-896-6288 or by email at attorney.dave@yahoo.com.
Images of seized 3-D of Bob Marley and the Joker. Source: CBP.gov
According to a U.S. Customs and Border Protection media release, CBP officers in Virginia seized counterfeit 3-D holographic pictures. The pictures contained images of Bob Marley and the Joker. The six Bob Marley photos and 80 Joker pictures arrived from China and were destined to an address in Kentucky.
CBP seized the shipment due to violations of trademarks for Bob Marley and the Joker. CBP’s Apparel, Footwear and Textiles CEE evaluated the shipment and the CEE trade experts seized the shipment for trademark violations.
Have you had your goods seized by CBP? Contact David Hsu 24/7 by phone/text: 832-896-6288 or by email at attorney.dave@yahoo.com.
