Author Archives: Trade, Customs and Import, Export Attorney

US and Mexico reach deal to end tomato dispute.

August 29, 2019 By in ADD/CVD, Mexico tomatoes, Uncategorized, USMCA Tags: , , , , , Leave a comment
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According to Reuters, Mexican tomato growers and the Trump administration reached a deal to end a potential anti-dumping investigation and end a tariff dispute. The agreement means many Mexican tomato exports will be subject to U.S. border inspections, and specialty tomatoes face higher reference prices on the American marketplace.

The negotiations began back in May when the Trump administration imposed a 17.5% tariff on Mexican tomatoes after the parties did not reach an agreement.

The Commerce Department said the new deal will ensure sales do not fall below certain prices for Mexican tomatoes and allows a mechanism to audit up to 80 Mexican tomato producers per quarter, or more.

If you have any questions how the tomato deal may impact your business – contact experienced trade attorney David Hsu at dh@gjatradelaw.com or attorney.dave@yahoo.com.

US will not impose additional tariffs on Japanese automobiles.

August 27, 2019 By in Japan, Uncategorized Tags: , , , , , , Leave a comment
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According to Reuters, President Trump and Japanese Prime Minister Shinzo Abe met last Sunday at the G7 Summit – agreeing that the current duties on cars remain at 2.5% for passenger vehicles and 25% for pickup trucks from Tokyo. Previously, the US did threaten Japan with additional duties of 25% on auto exports to the US under the premise of national security.

U.S. President Donald Trump on Monday said the United States would not imminently impose new tariffs on autos imported from Japan as the largest and third-largest economies continue their trade negotiations. Japan would also agree to greater market access for US agricultural products such as beef and to increase purchases of US corn.

CBP seizes counterfeit electronic door locks.

August 26, 2019 By in IPR, Uncategorized Tags: , , Leave a comment
electronic locks

Image of seized counterfeit locks, source: cbp.gov

According to a US Customs and Border Protection (CBP) media release, CBP officers inspected a rail container and discovered electronic locks in violation of intellectual property rights (IPR) regulations. The seizure consister of 3,856 counterfeit locks with an estimated manufacturer’s suggested retail price (MSRP) of $760,841 if the goods had been genuine.

The counterfeit locks are the Lockly brand and typically retail for about $279.99 each.

The remainder of the press releases explained that illicit goods damage the US economy and threaten the health and safety of Americans.

If you have had your imports seized by Customs, contact experienced seizure attorney David Hsu – we can help fight to get your imports back – call 832-896-6288 or by email at attorney.dave@yahoo.com, dh@gjatradelaw.com.

 

CBP posts their 2018 intellectual property rights seizure statistics.

August 22, 2019 By in Uncategorized Tags: , , , , Leave a comment
PHL Phones1H 072619

Seized Asus and LG Phones. Source: cbp.gov

Earlier this month, U.S. Customs and Border Protection posted their 2018 intellectual property rights statistics. The annual report lists statistics for the products that infringe upon US trademark and copy rights or othersize subject to exclusion orders involving various agencies such as CBP, ICE, and HSI.
Here’s a summary:
1. How much product comes into the US? 11 million containers by sea, 10 million containers by truck, 3 million by rail and 250,000,000 by cargo/postal/express pacakages through the air.
2. 33,810 total seizures (333 less than FY 2017’s 34,143).
3. Total MSRP of seized goods 1.4 billion (1.2 billion in FY 2017).
4. ICE-HSI arrested 381 people, obtained 296 indictments, 260 convictions.
5. CBP’s Integrated Trade Targeting Networking (ITTN) conducted over 120 operations and seized 4,891 shipments of IPR-infringing goods with a total MSRP of $94 million.
6. Investigations by CBP’s Center of Excellence and Expertise totaled 24, with a MSRP of seized goods totaling over $11.5 million.
7. The “Truth Behind Counterfeits” public awareness campaign to educate the public on the negative impacts of counterfeit products included major billboards at airports and online ads on travel websites – it is estimated the campaign generated over 200 million views.
8. In 2018, CBP enforced over 17,641 active trademark and copyright recordations, including 2,289 new recordations and 812 renewals of expiring recordations.
9. There were over 161 million express shipments and 475 million shipped through international mail.
10. Over 90% of all IPR violations occurred among the international mail and express environments.
11. 18% of all seizures were wearing apparel/accessories, footwear came in number 2 at 14%.
12. Counterfeit watches and jewelry was the most seized product, totaling 44% of all seizures with a MSRP almost $618 million.
13. China was the number one trading partner with the most seized goods at 54% of the total number of seized goods.
The full report can be downloaded here:
If you have received a letter from Customs for alleged intellectual property rights violations, contact experienced seizure attorney David Hsu on his cell at 832-896-6288, or by email at attorney.dave@yahoo.com or dh@gjatradelaw.com.

CBP incorporates US Virgin Islands into ACE.

August 22, 2019 By in ACE, FAVIR, Uncategorized Tags: , , , , Leave a comment
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According to a U.S. Customs and Border Protection (CBP) media release, this week, the CBP has incorporated the U.S. Virgin Islands into the Automated Commercial Environment (ACE) in order to expedite the importation process.   This marks the end of a 3-year process known as the ““Paving the way forward: Transforming the V.I. Trade through Technology”.

As you are aware, the Automated Commercial Environment (ACE) is the system through which the trade community reports imports and exports and the government determines admissibility. 
CBP officers and representatives were also in the VI to perform training and to introduce the ACE system along with the APHIS Fruits and Vegetables Import Requirements (FAVIR) database.  The FAVIR database allows customers to search fruits and vegetables by commodity and or country.
Besides discussing ACE and FAVIR, CBP also discussed the risk of importing counterfeit medicine and merchandise – with CBP stressing that “medicine can be dangerous and pose a great risk to your health” and that the ” proceeds from the sales of illicit and counterfeit goods can have a negative impact on the economy”.

Chinese-owned very large crude carrier changed name to evade oil sanctions.

August 18, 2019 By in Iran, Uncategorized Tags: , , , , , Leave a comment
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According to Reuters, a Malaysia-bound boat named the Pacific Bravo carrying a potential $118 million USD of crude oil disappeared and reappeared under a new name, the Latin Venture. The newly named Latin Venture has the same unique identification number as the Pacific Bravo: IMO9206035. As the unique identification number stays with the ship, the new name suggests someone was trying to avoid Iran oil sanctions. This prompoted the US government to warn parts in Asia to not allow the ship to dock. The shipment of Iranian crude oil violates economic sanctions in place against doing business with Iran.

The Trump administration reimposed sanctions on Iran in November and withdrawing from the 2015 Iran deal aimed at limited Iran’s nuclear program. And in an effort to reduce Iran’s oil sales, this past May the US ended sanction waivers to some importers of Iranian oil.

If you want to be sure your exports are in compliance with the current Iranian sanctions, contact experienced trade attorney David Hsu at 832-896-6288 or by email at dh@gjatradelaw.com, attorney.dave@yahoo.com.

China General Nuclear Power Group added to BIS entity list.

August 16, 2019 By in compliance, entity list, Uncategorized Tags: , , , , , Leave a comment
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This past Wednesday, the U.S. Department of Commerce added China General Nuclear Power Group (CGN) to the BIS entity list. As a result, American companies are now prevented from selling any products to China’s largest state-owned nuclear company. If any American company or person does business with CGN (or any other listed entity), they would be violating the law and subject to persecution.

The U.S. Department of Commerce claims CGN its subsidiaries engaged in activity to acquire advanced U.S. nuclear technology and material for use in the Chinese military.

China claims the real goal of placing CGN on the entity list is to limit China’s growth under China’s “Made in China 2025” initiative. Made in China 2025 is an effort by the Chinese government to increase the high tech capability and manufacturing of China. If successful, the “Made in China 2025” efforts will make China the a superpower in high technology in Asia.

If you have any questions about your company’s operations and want to ensure compliance with the new entity list addition, contact experienced export compliance attorney David Hsu at 832-896-6288 or by email at dh@gjatradelaw.com, attorney.dave@yahoo.com.

CBP seizes counterfeit HD action cameras.

August 16, 2019 By in Uncategorized Tags: , , , , , , , Leave a comment
Camera

Image of the seized shipment, source: cbp.gov

According to a U.S. Customs and Border Protection (CBP) media release, officers at the Dallas Fort Worth port of entry seized 4,000 counterfeit high definition cameras for intellectual property rights (IPR) violations. The MSRP of these cameras totaled $241,076.

The 4,000 high definition cameras were shipped in 220 boxes to an address in Carrollton. The shipment from Hong Kong was inspected and CBP officers believed the merchandise to be counterfeit due to poor quality packaging and shipping not normal for the genuine merchandise.

CBP’s Import Specialist Division confirmed the items were counterfeit with the company’s trademark holder.

What happens after something is seized by Customs? 
CBP will issue a Notice of Seizure (seizure notice). The seizure notice will indicate the item seized, the value of the shipment and the options available to the importer of record.

Time is of the essence in responding to Customs so an answer or other action must be taken immediately.

What happens if you do nothing after you receive notice from Customs?
If nothing is done within 30 days from the notice of seizure date, CBP will begin forfeiture and ultimately will destroy the seized items.

If you have had your goods seized by Customs, contact experienced seizure attorney David Hsu at 832-896-6288 or by email at attorney.dave@yahoo.com, dh@gjatradelaw.com.

CBP seizes $1 million dollars worth of counterfeit phones.

August 15, 2019 By in ASUS, Customs Lawyer, LG, Uncategorized Tags: , , , , , , , , , , , Leave a comment
PHL Phones1H 072619.jpg

Image of the seized phones, source: cbp.gov

According to a U.S. Customs and Border Protection (CBP) media release, officers in Philadelphia seized a a combined 4,449 counterfeit LG and ASUS smartphones in July. If the phones were authentic, they would have a manufacturer’s suggested retail price (MSRP) of $941,450.

The counterfeit phones were shipped from China and included 2,043 counterfeit LG phones in the first shipment and 1,926 LG and 480 ASUS counterfeit smartphones in the second shipment.

According to Customs, the phones were shipped from China to the Dominican Republic and then to Philadelphia. The phones were described in the paperwork as “cell phones used”. CBP says the phones will be destroyed.

If you have had your cell phones seized, contact experienced cellphone seizure attorney David Hsu immediately at 832-896-6288 or by email at attorney.dave@yahoo.com, dh@gjatradelaw.com.

CBP says the phones will be “destroyed”, however, there hasn’t been enough time from the date of the seizure to the date of the media release – there is still time to do something to get the phones released.

There are ways to get the phones released, contact David Hsu immediately – time is of the essence!

Commerce Department finds dumping of refillable stainless steel kegs from Mexico.

August 15, 2019 By in ADD/CVD, stainless steel, Uncategorized Tags: , , , , , Leave a comment
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Earlier today, the U.S. Department of Commerce issued an affirmative final determination in the antidumping (AD) investigation of imports of refillable stainless steel kegs from Mexico.

Here’s a summary:

  1. Commerce found that exporters from Mexico have been selling refillable stainless steel kegs at less than fair value in the United States at a rate of 18.48 percent.
  2. After today, Commerce will instruct U.S. Customs and Border Protection to continue to collect cash deposits equal to the applicable final weighted-average dumping rate.
  3. Last year, imports of refillable stainless steel kegs from Mexico were valued at an estimated $13.4 million.
  4. The US manufacturer is the American Keg Company, LLC located in Pottstown, Pennsylvania.

So far into Trump’s administration, the Commerce Department has initiated 179 new antidumping/countervailing duty investigations – a 231% increase from the same time during the Obama administration.

The full text of the affirmative determination can be found at the following link:

https://enforcement.trade.gov/download/factsheets/factsheet-mexico-refillable-stainless-steel-kegs-ad-final-081319.pdf

If you have any questions how this new AD determination will impact your business or would like to discuss ways to reduce your AD/CVD duties, contact experienced trade attorney David Hsu at dh@gjatradelaw.com, attorney.dave@yahoo.com.