$450,000 worth of vaping pens from HK seized by US Customs.

Image of seized dragster pens, source: CBP.gov

According to a U.S. Customs and Border Protection (CBP) media release, CBP officers at Chicago O’Hare seized 50,000 vaping pens from Hong Kong.

The “dragster Mountain Vape Pens” were seized because they violate the Federal Food, Drug, and Cosmetic Act (FD&C Act) regarding the importation of tobacco products – specifically for being misbranded and for being imported by an unauthorized agent. Typically this means an importer is not authorized to import goods (that may be counterfeit).

According to the Customs media release, Customs believes the shipment was intentionally and improperly mislabeled as “lithium ion batteries” to avoid seizure.

While not reported in the Customs media release – shipments that are mislabeled are typically seized under statute 19USC1499(a)(3)(A), copied below:

(3)Unspecified articles If any package contains any article not specified in the invoice or entry and, in the opinion of the Customs Service, the article was omitted from the invoice or entry—(A) with fraudulent intent on the part of the seller, shipper, owner, agent, importer of record, or entry filer, the contents of the entire package in which such article is found shall be subject to seizure; or

19USC1499(a)(3)(A) is a catch all statute Customs frequently uses to seize any goods that are not included in paperwork. Omissions or mis-representations on the paperwork (regardless of goods being imported) is the easiest way for Customs to seize shipments. If you are in the import business – be sure the exporter is correctly declaring the shipment and are following your import compliance manual and procedures.

If you import and don’t have a compliance manual or procedures – contact me, you need one, 832-896-6288.

Going back to the vape pens – Customs will likely not release these goods as the FDA has increasingly cracked down on the importation of these vape pens and other nicotine delivery systems. The alleged counterfeit nature of the pens and the mislabeling of the shipment will likely mean these vape pens will not be released.

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

$47,000 in currency seized by Customs.

Image of seized currency, source: CBP.gov

According to a U.S. Customs and Border Protection (CBP) media release, CBP officers in Dulles International Airport asked a female traveler heading to the Netherlands how much currency she was carrying. The Netherlands-bound traveler reported she was carrying $10,000 and also produced a completed FINCEN-105 form.

CBP officers asked her if she had additional and she responded she did not. However, upon a subsequent inspection, officers found a total of more than $47,000. Officers returned her $1,740 for humanitarian purposes and she continued on her trip.

Pro Tips for travelers:

  1. If Customs ask if you are carrying over $10,000 in currency, it is because they already know you are carrying more than $10,000 in currency.
  2. Be honest with Customs, you can carry more than $10,000, you just have to report it.
  3. Don’t sign the FINCEN 105 form before you count the amount of currency you have. Count first, then sign.
  4. If you get your currency seized, you have about 30 days, if you will be overseas – be sure someone will be able to access your physical mail to receive the “Notice of Seizure”

If you have had your hard-earned currency seized, contact customs seizure attorney David Hsu by phone/text for immediate help: 832-896-6288 or by email at attorney.dave@yahoo.com.

Follow the Director of CBP’s Baltimore Field Office on Twitter at @DFOBaltimore and on Instagram at @dfobaltimore for breaking news, current events, human interest stories and photos.

Currency hidden in sanitary napkins seized by Customs.

Seized currency contained inside sanitary pad packaging – source: CBP.gov

According to a U.S. Customs and Border Protection (CBP) media release, CBP officers at Detroit Metropolitan Airport seized over $60,000 from a female traveler heading to Amsterdam in early February. According to the release, the traveler was stopped by CBP officers who conducted an outbound examination. During examination, the traveler indicated she only had $1,000, but during a subsequent inspection CBP officers found bundles of cash inside envelopes, further hidden inside packaging used for containing sanitary napkins (see photo above from the CBP media release).

CBP officers seized the currency for violating currency reporting requirements – which require all travelers leaving and entering the US to declare currency over $10,000.

If you are traveling – be sure to report any amounts over $10,000 – which includes foreign currency, foreign coins, traveler’s checks, money orders, negotiable instruments or investment securities in bearer form – if you aren’t sure – give me a call – 832-896-6288.

The media release did not say whether a portion of the $60,000 was returned to the traveler for humanitarian reasons – so my guess is Customs kept the entire sum.

If you have had your hard-earned cash seized by Customs, contact David Hsu immediately – your time may be running out. Call/text 832-896-6288 or email at attorney.dave@yahoo.com.

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

Unregulated tire rims from Thailand seized.

According to a U.S. Customs and Border Protection (CBP) media release, CBP officers in Minnesota seized 2,500 tire rims from Thailand. The shipment from Thailand was labeled as “steel wheels” but CBP officers instead found wheel rims. Photos of the wheels were sent to the National Highway Traffic and Safety Administration (NHTSA) where it was determined the company was not a registered manufacturer and therefore not admissible.

Image of non NHTSA-approved rims, source: CBP.gov

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

Will Huawei sell their “Honor” phone brand to avoid US sanctions?

apps blur button close up
Photo by Pixabay on Pexels.com

According to a Reuters article on October 14th, Huawei Technologies Co. Ltd. is in talks with Digital China Group, TCL, and/or Xiaomi to sell their “Honor” brand smartphone business. Honor was established in 2013 as Huawei’s budget line of smart phones. It is believed the new deal may earn Huawei more than $3.5 billion dollars.

One benefit of the sale away from Huawei – would be Honor’s ability to purchase materials from US suppliers. The deal, if sold would include the Honor brand, research and development, and the supply chain management business.

If you export goods overseas or have any questions about how to avoid violating export penalties for violating US sanctions – contact export attorney David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com.

$838,481 in unreported currency seized by Customs.

Image of $838k in seized currency, source: CBP.gov

According to a U.S. Customs and Border Protection (CBP) media release. CBP officers at the Roma, Texas Port of Entry seized more than $838,000 in unreported currency hidden in a vehicle heading out of the US.

As you are aware, all currency and monetary instruments $10,000 or more need to be reported. In this case, CBP officers seized stacks of cash totaling $838,481 in unreported currency concealed within a 2016 Chevrolet Colorado.

After seizing the currency – CBP referred the case to U.S. Immigration and Customs Enforcement – Homeland Security Investigations (ICE-HSI). In general, if your case is referred to HSI – then there is likely a criminal case.

If you have had your currency seized by Customs, contact our office immediately – there are time limits regarding the seizures – call or text David Hsu directly at 832-896-6288 or by email at attorney.dave@yahoo.com.

$46,000 in unreported currency seized.

Image of seized currency, source: CBP.gov

According to a U.S. Customs and Border Protection (CBP) media release, officers at the Brownsville and Matamoros International Bridge Port of Entry seized over $46,000 in unreported currency.

The inspection occurred when travelers were leaving the US to Mexico. During a routine inspection, CBP officers discovered $46,000 in currency and also seized the vehicle. According to the media release – the traveler with the unreported currency was referred to Homeland Security Investigations (HSI).

Author’s note – typically customs seizure of unreported currency are not referred out to HSI. If your currency seizure was referred to HSI, then Customs believes there is a criminal element to your seizure.

What’s the rule about traveling in and out of the country with currency?
It is legal to carry more than $10,000, but it is a federal offense not to declare currency or other monetary instruments when entering or exiting the US (and even if you have a layover in a US airport with no intention of entering the US).

What happens if Customs suspects I am carrying more than $10,000 in currency?
They will stop you and the party you are traveling with prior to boarding the plane. You will be given an opportunity to declare all currency and monetary instruments. You will be given a Fincen 105 form to sign. You must accurately state all the money you have. Once you sign the Fincen 105 form, CBP will search your belongings.

I received a “Notice of Seizure” and my currency was seized by CBP at the airport. What do I do?
If you receive a “Notice of Seizure” sent Certified Mail Return Receipt Requested, then you must respond or risk forfeiting all the seized funds. Typically you have 30 days from the date of the letter to respond to the seizure.

If you get a notice of seizure or if your currency was seized by Customs, contact David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com.

您有機會取回因301條款所支付的中國關稅退款

上週四,一位進口商在CIT提起訴訟,指責301條款因行政管理不當、理當視為無效之罰。

如果原告勝訴,則所有進口商都可以在CIT中提起訴訟。並就其已支付的任何關稅,要求退款(無論是否提出抗議)。

要求退款的申請截止日期為2020年9月21日(星期一)。如果您希望獲得協助,藉以保留您的退款權利,請致電給我們。

Contact: David Hsu
Mobile: 832-896-6288
Email: attorney.dave@yahoo.com,
Email: DH@GJATradeLaw.com
Line/Telegram/WeChat/WhatsApp: 8328966288

Counterfeit championship sports rings seized.

Seized counterfeit rings.

In early August, U.S. Customs and Border Protection (CBP) officer seized a package containing 62 counterfeit championship rings in Chicago. The shipment from Shanghai China was destined for a store in Aurora.

CBP officers detained and examined the rings before sending them to an import specialist to verify authenticity. Customs noted the poor quality, poor packaging, low declared value and typical security features found on licensed merchandise.

Customs seized the goods, that if authentic, would have been valued at more than $93,600.

Author’s note – while this shipment was destined to go to a store address, my guess is the purchaser of these items was likely a collector searching for a novelty item to collect – instead of buying the rings to re sell to unsuspecting buyers. Championship rings are well documented and easy to verify authenticity. Also, a buyer of these rings would want to know the history of the prior owner and authenticity can be verified by any jeweler. Highly doubt a real collector would be fooled by these cheap knockoffs.

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