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Author Archives: Trade, Customs and Import, Export Attorney
U.S. Customs and Border Protection (CBP) officers in Baltimore seized unapproved COVID-19 medications, facemasks and test kits earlier this month.
The seized goods included 1,200 pills of COVID medicines, including Hydroxycholorquine sulfate, 2,000 pills of various anti-COVID drugs not approved by the FDA, and 100 unapproved test kids. Besides unapproved drugs and test kits, CBP also seized face masks with registered trademarked logos such as Nike, Adidas, Fila and even Manchester City football club.
This most recent seizure is just one of many seizures of test kits, diagnostic kits, respirators and even unapproved face masks.
If your goods have been seized by Customs, contact customs attorney David Hsu at 832-896-6288 or by email at attorney.dave@yahoo.com.
U.S. Customs and Border Protection (CBP) officers in Kentucky seized two shipments containing over 648 counterfeit belts. The above photo provided by CBP shows the belts had the Gucci logo – the shipment also included “Salvatore Ferragamo” belt buckles. If real, CBP says the belts have a retail value of $350,496.
Author’s note – CBP media releases usually go into detail about the description of the goods and the packaging or item quality that resulted in Customs questioning the authenticity of the goods. I believe Customs probably scrutinizes any shipment from Hong Kong that contains clothing or accessories.
If you have had your goods seized by Customs, give me a call, there might be something we can do to limit your legal liability. Call or text me anytime at 832-896-6288 or by email at attorney.dave@yahoo.com.
Another day, another U.S. Customs and Border Protection (CBP) counterfeit seizure – this time in San Juan, Puerto Rico. According to the CBP media release, San Juan Field Operations seized counterfeit jewelry from a shipment originating out of Hong Kong. If genuine, Customs estimated the shipment to be worth approximately $1.2 million.
CBP did not mention the copied brands, but the photo attached to the media release was labeled “Piguet”, perhaps the name found on the watch to copy the “Piaget” brand.
Author’s comments – if the image of the watch attached to the media release is indicative of the products seized, it seems like this shipment probably was not trying to copy any actual luxury brands.
I don’t wear a watch – but looking at the Piaget watches sold online – I don’t see anything closely resembling what is shown in the attached photo. Most Piaget watches I see online look like a typical watchface with dials and easy to read numbers – much different than the “diamond” covered face of the seized watch. My guess is that a manufacturer in Shenzhen created their own brand of watches and needed a name, and therefore took the “Piaget” name and changed a few letters to “Piguet” (which appears more similar to the “Peugeot” car brand.
I understand that Customs is tasked with enforcing registered marks, word marks, trademarks etc., however, is this “Piguet” watch an attempt to counterfeit a real “Piaget” watch? Or is this an instance of a manufacturer taking a brand name, and changing it. I always think back to the old Simpsons episode where Homer buys a “SORNY” TV instead of a real “SONY”.
A quick search on Alibaba shows “Reebow” branded athletic equipment, and “Hommy Tilfiger” duffel bags next to “Carsonkangaroo” branded wallets under a logo silhouette of a kangaroo not closely resembling the Kangol logo.
I think it is arguable these shipments are not counterfeits – someone (not your author) aware of a high-end luxury brand such as Piaget would not confuse a watch branded “Piguet” with a real Piaget.
If you have had your goods seized by Customs, contact David Hsu anytime by phone/text at 832-896-6288. You can also find me on Line, WeChat, WhatsApp, Telegram by the same phone number – or email me at attorney.dave@yahoo.com, would be glad to evaluate your case for free.
U.S. Customs and Border Protection (CBP) officers in Cincinnati seized a shipment of approximately 15,750 Xanax pills June 30th. The shipment was from Britain and opened for further examination due to x-ray anomalies as a result of a foil lined box. Upon opening the box, they found 63 bottles marked “Xanax XR 2mg”, if authentic, the Xanax pills would have totaled over $230,000.
As you are aware, Xanax is used for the treatment of anxiety and classified as a Schedule IV controlled substance and cannot be shipped to the US without a prescription from a physician. The shipment was addressed to a residence in Texas.
Author’s notes – usually there’s something to do for a seizure from Customs; however in situations where a schedule 4 controlled substance is shipped to an individual in a box meant to hide the contents from x-ray scanners and mailed without a physician’s prescription – there’s probably not much I can do to assist.
The lesson here is to not even take the risk to try and import drugs, especially controlled substances to the US. CBP may refer your case to Homeland Security Investigations and will likely also issue you a civil penalty.
Have you had your good seized? Contact David Hsu by phone/text at 832-896-6288 or email at attorney.dave@yahoo.com for a free consultation.
Earlier this week, U.S. Customs and Border Protection (CBP) inspected a rail container at the Portal Port of Entry and found coolers in violation of intellectual property rights. The seized coolers, if genuine would total approximately $151,149.
Author note – not sure which brand these coolers appear to be trying to counterfeit – I see RTIC and YETI both have these types of coolers – but could not find one that was similar.
If you have any questions about importing and/or exporting, contact us for a no fee consultation – David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com.
U.S. Customs and Border Protection (CBP) officers in Chicago seized seven shipments containing eyewear worth more than $1.41 million. The glasses were entered duty free claiming country of origin as Israel. However, upon further inspection, CBP officials found the origin markings on the eyeglasses did not match the country of origin on the paperwork.
CBP reports the country of origin on the goods included China, France, Italy and the United States. CBP seized the goods for fraudulently misrepresenting the country of origin and attempting to avoid the payment of duties. CBP seized the goods for violation of 19 USC 1304 and 19 USC 1595a(c).
If you have had your goods seized by customs for suspicion of being counterfeit, contact seizure attorney David Hsu by phone/text at anytime at 832-896-6288 or by email at attorney.dave@yahoo.com.
U.S. Department of Agriculture (USDA) scientists confirmed samples of various egg masses seized by U.S. Customs and Border Protection (CBP) did in fact contain the first instance in the US of the Argentine moth egg species.
The egg masses were found on the M/V Star Kinn and was the first time the Argentine moth species was found to be in the United States. The other egg masses of the Asian gypsy moth (AGM) were found on a shipping container of aluminum billets from India.
Asian Gypsy Moths (AGM) are one of the most destructive insect pests in the world. AGM are not known to occur in the United States. AGM are highly mobile and can travel 25 miles per day while laying eggs that yield hundreds of caterpillars with big appetites. To make matters worse, the AGM are not selective and attack over 500 different types of trees and plants.
If you receive a Notice of Action from CBP or from the Port with a notification that invasive species, or pests have been found on wooden pallets, wooden packaging material or eggs and larvae found in various parts of the shipment – contact experienced wood packaging material attorney David Hsu by phone/text anytime at 832-896-6288 or by email at attorney.dave@yahoo.com.
In late June, U.S. Customs and Border Protection (CBP) officers Kentucky detained and seized a shipment containing over 300 counterfeit items shipped from Hong Kong.
While the outside packing list indicated the contents were belts, CBP officers instead found watches from “Rolex”, “Cartier” and “Panerai Luminor”. The shipment also contained sandals from Tory Burch, earrings from Chanel, Gucci sandals bracelets, LV scarves, Gucci scarves, Chanel Scares and many more luxury branded goods. CBP indicated the shipment contained over $371,365 worth of goods – if authentic.
Author’s note: in general, CBP will detain goods suspected of being counterfeit and then send images or samples of the goods to the trademark holder. If the trademark holder tells Customs the goods are not authentic – CBP will seize them and issue the importer of record a seizure notice.
Also – in addition to seizing the goods for being counterfeit, CBP can also seize any goods that are included in the shipment, but not properly declared or mis-declared on the packing list and entry paperwork.
In general – it is easy to run into Customs problems – before you import, or before you export, contact David Hsu by phone/text anytime at 832-896-6288 or by email at attorney.dave@yahoo.com for a free consultation.
U.S. Customs and Border Protection (CBP) officers in New York’s JFK International Airport seized two shipments containing 144 rings with a combined MSRP of over $216,000 (if authentic). According to the CBP media release, no arrests were made.
Author’s note – sometimes CBP will refer a seizure for criminal prosecution and sometimes they will not. Many seizures will result in a civil penalty issued against the “Importer of Record” (IOR). The IOR may receive a letter from CBP months, or even years after an import has been seized. The civil penalty is something that must be addressed and cannot be ignored.
If you have received a civil penalty in the mail, contact trade attorney David Hsu by phone/text anytime at 832-896-6288 or by email at attorney.dave@yahoo.com.
Earlier this past July, U.S. Customs and Border Protection (CBP) officers at one of our great nation’s biggest seaport of Los Angeles / Long Beach seized a large shipment of women’s sleepwear containing counterfeit brands such as Gucci, Facebook and Instagram.
2020 is a weird year indeed when we consider Facebook and Instagram to be a luxury brand. If authentic the 16,340 items of seized counterfeit pajamas (called “sleeping dresses”) would be worth an approximate retail value of $5.5 million.
CBP reported the counterfeit goods were concealed inside generic non-branded pajamas which CBP believes was intentionally packaged to avoid detection.
Author’s note – yes, in general if you pack counterfeit goods underneath unbranded goods, or try to conceal a counterfeit logo (such as using black tape to cover a logo), CBP will assume you are aware of the nature of the goods and are attempting to smuggle them into the US in violation of 19 USC 1595a (c)(1)(A), in other words merchandise that “is stolen, smuggled, or clandestinely imported or introduced“.
In addition to violating intellectual property rights of the trademark holder, CBP also claims counterfeit goods may not be in compliance with the U.S. Consumer Product Safety Commission (CPSC) requirements for flammability standards of sleepwear.
If you have had your shipment seized for alleged counterfeit violations or seized for alleged violations of CPSC consumer guidelines – contact seizure attorney David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com.
