$4.2 million in fake jewelry seized.

Image of seized good, source: CBP.gov

According to a CBP media release – officers in Cincinnati seized a shipment in late March containing jewelry with name brands such as Tiffany, Chanel, Rolex, Pandora, Cartier, Dior, Gucci and more. When suspected counterfeit goods are seized, samples and photos of the seized goods are sent to a CBP Centers of Excellence and Expertise (CEE) where the shipment is further evaluated. At the CEE, an import specialist will determine whether the jewelry is real – one method is through verification with the property right holder.

While the declared value on the shipment was $119, the actual value of the seized goods, if authentic would total more than $4.2 million dollars.

I am frequently asked why customs uses the “if authentic” value versus the declared value – since the declared value is likely more accurate to what the seized goods actually cost.

The main reason is Customs will use the “if authentic” value when issuing fines to the importer of record. And perhaps the most obvious reason to only use the “if authentic” value is for impact. A $4.2 million seizure is much more impactful than a $119 seizure of counterfeit goods.

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

Over $300,000 in unreported currency seized in P.R

Image of seized funds in PR, source: CBP.gov

U.S. Customs and Border Protection (CBP) Officers in Puerto Rico seized $348,940 in undeclared currency hidden inside wooden tables and a sink found inside a 1989 Ford cargo truck. The shipment was destined to an address in Santo Domingo, Dominican Republic.

In general, there is no limit to how much currency (cash, checks, traveler’s checks, foreign currency) can be importer or exported by travelers. However, any amount over $10,000, however federal law requires travelers to report to CBP any amount exceeding $10,000 in US dollars or the equivalent in foreign currency. When the funds over $10,000 are not reported or are under-reported, CBP may seize the currency and may lead to an arrest.

If you have any questions about what to do BEFORE you travel and are carrying over $10,000, give David Hsu a call, or text at 832-896-6288 or by email at attorney.dave@yahoo.com.

Unapproved Juul pods seized by CBP.

Image of seized Juul pods, source: CBP.gov

According to a U.S. Customs and Border Protections media release, officers in Indianapolis over 10,000 Juul Pods shipped from Ontario, Canada to New York and New Jersey. The shipments were seized because they were misbranded consumer goods imported by an unauthorized agent.

The Federal Food, Drug, and Cosmetic Act (FD&C Act) governs the importation of e-cigarettes and other tobacco products. However, the basis of this seizure was likely under 19 USC 1499(a)(3)(a) unspecified articles and 19 USC 1595(c)(1) merchandise introduced contrary to law because the packages were labeled as an “electrical apparatus”.

If you have had your goods seized and you received a seizure notice alleging violations of 19 USC 1499 and 19 USC 1595, contact David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com.

CBP seizes $91,000 in currency – could you be next?

$91,000+ in seized currency, source: CBP.gov

According to a U.S. Customs and Border Protection (CBP) media release, CBP officers at the Larredo, Texas Juarez-Lincoln Bridge seized $91,000 in unreported currency from a 30-year old male US citizen headed to Mexico.

When the male driver’s 2017 Chevrolet Equinox was referred to secondary inspection, CBP found $91,116 in undeclared US currency. This press release indicates CBP turned the case over to U.S. Immigration and Customs Enforcement-Homeland Security Investigations (ICE-HSI) special agents for further investigation.

In general, if your currency case is referred from CBP to Homeland Security, they believe the source of the funds may be from illegal activity and you will need to prepare a very strong seizure petition if you want your currency returned (minus a remission fee).

If you have had your hard-earned currency seized, contact David Hsu for immediate assistance at 832-896-6288 by phone or text. You can also email anytime at attorney.dave@yahoo.com.

Your office is in Texas, can you still represent me? I live in [your state here].

antique antique globe antique shop antique store
Photo by Pixabay on Pexels.com

The firm and I are located in Houston, and I only have a Texas law license (SBOT #: 24062636). About once or twice a week I am frequently asked the above question – whether or not I can represent someone a client in another state?

The answer is yes! While we are based in Houston, Texas, we can represent clients in any state, jurisdiction or country because trade and customs law issues are matters of federal law.

It is very common for attorneys to represent clients in other states because there are many other areas of federal law besides trade and customs law – such as bankruptcy, IRS and tax issues and immigration law.

No matter where you are, we can represent you – call or text 24/7: 832.896.6288 or send me an email to my catch-all email address: attorney.dave@yahoo.com.

$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.