Counterfeit AirPods seized in Houston – over $1.6 million worth.

Seized AirPods, source: cbp.gov

According to a U.S. Customs and Border Protection (CBP) media release, CBP working in Houston in late January seized counterfeit electronics – including Apple’s “AirPods” worth more than $1.6 million dollars of MSRP value. According to the media release – the importer of record abandoned the merchandise, meaning CBP will destroy the goods.

Do you have to abandon your goods if they have been seized for intellectual property rights violations?
No, you do not – the other alternative is to petition for the release of the goods if you know they are authentic. While a petition does not guarantee a return of your goods, it gives you the opportunity to present your information and argue why the goods are authentic to CBP.

The remainder of the media release reiterated CBP’s arguments against counterfeit goods – (1) may be produced from forced labor, (2) economic harm to the trademark holder, (3) unsafe products that may cause injuries to the consumer.

If you or anyone you know has had your shipment seized for alleged intellectual property or trademark violations – contact David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com

550 pounds of counterfeit Apple and Samsung products seized.

Seized Apple products, source: CBP.gov

According to a mid-December U.S. Customs and Border Protection (CBP) media release, CBP officers in Cincinnati seized multiple boxes of counterfeit goods totaling 550 pounds. The seized shipment from Hong Kong arrived in multiple shipments and included electronic accessories such as cables, earbuds, chargers with counterfeit logos from brands such as Apple and Samsung. CBP estimated the MSRP (if authentic) of the goods was $49,666.00 – a very specific amount typically used when there is a quantity of counterfeit goods seized.

This is the first time in recent memory CBP has described a shipment of counterfeit goods by weight. My guess is the number of earbuds, cables, chargers and adapters (lighting to headphone jack?) were packaged in small boxes or clamshell packaging. Separating each earbud case, each box of cable and each charger would likely have taken too much time to separate and count.

The media release includes the typical CBP paragraph warning counterfeit goods and the sale of contribute to criminal activity, forced labor, human trafficking and cause a risk to consumers due to the products not meeting quality standards.

If you have had your goods seized by Customs, contact David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com to discuss your options.

CBP seizes counterfeit Air Pods and Apple watches.

Seized counterfeit Apple watches, source: CBP.gov

U.S. Customs and Border Protection Officers in Chicago inspected and seized seven boxes from Hong Kong containing 423 smart watches and 200 earphones. With suspected intellectual property seizures, CBP will send photos or samples of the items to the Electronics Center of Excellence and Expertise (Electronics CEE). The CEE will then verify with the property rights holder if the importer was authorized to use the word mark. 100% of the time the property rights holder will reply the importer of record is not authorized to import the goods and the entire shipment will be seized.

In addition to registering the “Apple”, “iPhone” with Customs, companies can also protect the shape, design, form and function of the items. For example, the photo above shows the same shape and design of an Apple Watch. CBP estimates the value of the shipment, if authentic would be approximately $204,168.

What happens after a seizure?
If you are an importer, after a seizure, CBP will send you a “Notice of Seizure”. You will then have 30 days to respond to the Notice of Seizure, if you do not – then Customs will begin forfeiture of your goods.

Contact David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com if you have received a seizure notice to discuss your options.

CBP seizes more than $650k worth of fake Apple AirPods.

Image of seized counterfeit AirPod, source: CBP.gov

U.S. Customs and Border Protection (CBP) officers at the LA/Long Beach seaport (one of the top 4 busiest US ports) seized over 2,400 pairs of counterfeit wireless earphones along with 14,220 charging cables. CBP estimates the value of the seized goods, if authentic to be worth $651,780. The goods were seized for violating Apple’s airpod and lightning registered trademarks (see image of a sample of the actual AirPods and cables seized).

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

450 fake iPhone cases valued at over $17,000 seized by Chicago Customs.

Seized cases. Source: CBP.gov

According to a U.S. Customs and Border Protection (CBP) media release, CBP officers at the Chicago Express Consignment facility seized 450 Apple iPhone cases from Hong Kong. Officers opened the shipment labeled “mobile phone shell” and found the cases for the 11 Pro, 11 Pro Max and the 8 Plus phone models.

CBP officers determined the cases were counterfeit based off bad quality design, materials, packaging and printing. Based off the image attached to this media release, I believe the cases are counterfeits of the Apple OEM cases sold through the website.

If authentic, the value of the cases would retail for about $17,550. If you have had your DHL/UPS/FedEx shipment seized by CBP for alleged counterfeit violations – contact seizure attorney David Hsu 24/7 by phone at 832-896-6288 or by email at attorney.dave@yahoo.com.

$51k in counterfeit electronics, Apple Air Pods, Jordans and purses seized.

PIT Apple762H 022420

Counterfeit Apple charger.

PIT Gucci889L 040520

Counterfeit “Gucci” purse.

According to a U.S. Customs and Border Protection (CBP) media release, CBP officers in Pittsburgh seized counterfeit consumer goods that included electronics, air pods, sneakers and designer brand purses. If authentic, the value of the seized goods would be more than $51,000. The two above photos are from the CBP media release.

It is obvious the purse is a counterfeit, however, I don’t believe the importers of the AC adapter should have their adapters seized – there is no way an importer or manufacturer would use an image of a red apple and believe someone would think that is a real Apple product.

The counterfeit goods were shipped in 23 separate boxes, of which 19 boxes were from Hong Kong, 2 from China, and 1 each from Singapore and Taiwan. The media release further itemizes the seized goods: 264 flawless shavers (no idea what these are), 235 Apple chargers (which wouldn’t confuse anyone as to their authenticity), 120 “Apple” ear pods, 60 HDMI switches, 21 fully-loaded Nintendo-like gaming systems (probably the emulators running Nestopia?), 20 pairs of Air Jordans and counterfeit purses featuring brand names such as Louis Vuitton, Prada, Fendi and Gucci.

If you have had your good seized and you received a seizure notice from Customs, contact experienced customs seizure attorney David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com.

What could Apple do to reduce the tariff impact on September 1st?

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Photo by PhotoMIX Ltd. on Pexels.com

If Trump levies a 10% tariff on over $300 billion of goods on September 1st, all of Apple’s products from China would be impacted. What options does Apple have?

  1. Exclusions – Apple can apply for an exclusion of their goods that are covered by the proposed List 4.
  2. Country of origin – Apple’s major contract manufacturer, Hon Hai has additional production ability in Taiwan, India, Thailand and Vietnam and a shift to one of those countries may be possible. Samsung makes their Galaxy phones in Vietnam.
  3. Apple can ask their suppliers for price reductions to make up for the additional 10% duties.

Like Apple, other these options are also available to any company that manufactures in China. If you want to know what your company can do to lessen the impact of the potential duties, or want to know other ways to save money on duties – contact experienced trade attorney David Hsu at 832-896-6288 or by email at attorney.dave@yahoo.com, dh@gjatradelaw.com.

Trump: Apple goods from China will be subject to duties.

apple technology ipad computer

Photo by Pixabay on Pexels.com

According to the AFP, earlier today, President Donald Trump warned he would deny Apple’s “exclusion request” for tariff exemptions on device components imported from China.

Specifically, President Donald Trump wrote on Twitter:

“Apple will not be given Tariff wavers, or relief, for Mac Pro parts that are made in China. Make them in the USA, no Tariffs!”

Trump’s message on Twitter is in response to Apple’s filing of an “exclusion request” with the U.S. trade representative. Apple claims that some parts of the Mac Pro desktop being sold at $6,000 can only be sourced in China and therefore not be subject to 301 duties.

If your imported goods from China are subject to the current “List 3” duties and you would like to file an exemption, contact experienced trade attorney David Hsu at dh@gjatradelaw.com, attorney.dave@yahoo.com or by phone/text at: 832-896-6288.

Apple shifts Mac Pro production to China, then asks to not pay tariffs on imported Mac Pros.

apple laptop notebook office

Photo by Pixabay on Pexels.com

The Mac Pro was the last Apple product manufactured in the US, and last June, Apple announced they would shift Mac Pro production to China.

On July 18th, Apple filed “exclusion requests” with the US Trade Representative to exclude certain items from the 25% 301 duties on goods imported from China.

The parts include a CPU, heat sink, power supplies, USB charging cables, circuit boards, graphics processing modules, computer enclosure, the Magic Mouse and Magic Trackpad.

To view Apple’s exclusion requests, go here: https://exclusions.ustr.gov/s/PublicDocket and search by “Organization Name” for “Apple”.

If you want to file an exclusion request, contact experienced trade attorney David Hsu at 832-896-6288 or by email at dh@gjatradelaw.com, attorney.dave@yahoo.com.

Hong Kong Customs seizes fake Apple and Samsung parts at a repair facility.

boat on body of water

Photo by Nextvoyage on Pexels.com

According to a South China Morning Post article, Hong Kong Customs officials investigated and ultimately raided a cell phone repair shop after receiving complaints from a trademark holder (not specified whether Apple or Samsung complained).

The article claimed the repair shop refurbished devices for clients in the US, UK and Australia that sent second-hand phones for repair at 1/3 the typical rate of an authorized repair facility. The repairs typically included replacing the screen or housing.

HK Customs officials claimed the repair shop used counterfeit parts to repair damaged iPhones, and seized over $120,000 worth of fake goods.

Based on the article, I’m pretty sure Apple complained about the IP violations since most Samsung phones do not have the housing replaced when being refurbished. While not listed in the article, the IP violations probably were for the wordmark “iPhone” or the trademark Apple logo found on the back housing. The iPhone replacement glass do not have any IP marks, so the seized goods were most likely the housings.

If you have any cell phone seizures, contact experienced cell phone seizure attorney David Hsu at 832-896-6288 or by email at attorney.dave@yahoo.com or dh@gjatradelaw.com.