Children’s clothing seized by CBP for excessive lead levels and flammability risks.

Kids Pajamas CHM

Seized clothing, source: CBP.gov

According to a U.S. Customs and Border Protection (CBP) media release, CBP officers seized commercial shipments of girls clothing and pajamas. The shipment from China was tested by the Consumer Product Safety Commission (CPSC) and found to contain excessive amounts of lead, violating the Federal Hazardous Substances Act. The other shipment contained pajamas also manufactured in China. Upon testing by the CPSC, Customs found the pajamas failed the flammability requirements under the Flammable Fabrics Act.

As a result of the violations, Customs seized the merchandise and will likely destroy the goods. I do not see any possibility the FPF paralegal would allow these goods to be entered into the US.

As I previously mentioned, CBP will first detain a shipment, have the shipment tested and then seize the shipment. After a seizure, Customs will send a Notice of Seizure to the importer of record for both shipments. Given the value of the shipment, $700 for the clothing and $1,500 for the pajamas, I don’t believe an importer of record will contest the seizures, much less hire an attorney to handle the seizure.

If you have had your goods seized for violating the CPSC regulations, Flammable Fabrics Act, the Federal Hazardous Substances Act or any other regulations from the alphabet soup of federal agencies, call experienced seizure attorney David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com, dh@gjatradelaw.com.

CBP revoke withhold release order (WRO) on disposable rubber gloves.

pexels-photo-1267349

Photo by ELEVATE on Pexels.com

According to a U.S. Customs and Border Protection media release, yesterday, CBP revoked a Withhold Release Order (WRO) for rubber gloves imported by WRP Asia Pacific Sdn. Bhd.

Briefly, a WRO is issued by CBP and intended to prevent goods suspected to have been made with forced labor or in violation of labor standards from entering the US.

The WRO, which was initially put in place last September and revoked recently because CBP obtained information demonstrating the company no longer produces rubber gloves under forced labor conditions. The process to revoke a WRO required CBP becoming involved with the manufacturing and labor practices to ensure WRP complied with international and US labor standards.

While the media release made no mention of the corona virus, it is unusual to see a media release singling out a revocation of a withhold release order, especially a WRO on PPE goods  such as disposable rubber gloves.

If you are subject to a WRO and want to explore your options, contact experienced customs attorney David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com, dh@gjatradelaw.com.

ITC publishes final determination of no material injury by imports of Fabricated Structural Steel from China, Canada and Mexico.

dirty industry stack factory

Photo by Life Of Pix on Pexels.com

About 30 minutes ago, the Federal Register published the final determination decision by the International Trade Commission finding no material injury by imports of fabricated structural steel from Canada, China and Mexico. The Final Determination can be viewed here: https://www.govinfo.gov/content/pkg/FR-2020-03-20/pdf/2020-05845.pdf

The petitioners have 30 days to file an appeal in court. If no appeal is filed, importers who paid duties may be eligible for a refund after the deadline to appeal expires.

If you want to learn more about getting a refund for your imports of fabricated structural steel from China, Canada or Mexico, contact experienced trade attorney David Hsu by phone/text at 832-896-6288, or by email at attorney.dave@yahoo.com, dh@gjatradelaw.com.

Second shipment of prohibited coronavirus test kits seized.

Medical Test Kits

Images of seized test kits, source: CBP.gov

According to a U.S. Customs and Border Protection (CBP) media release on Thursday, CBP officers at O’Hare International Airport, International Mail Facility (IMF) seized packages containing medical drug kits from the United Kingdom. These test kits were to test for viruses and diseases such as meningitis, IVF, MRSA, apple, salmonella and COVID-19.

The Federal Food, Drug, and Cosmetic Act (FDCA) prohibits the importation or delivery for introduction into interstate commerce, or the causing thereof, of any food, drug, device, tobacco product, or cosmetic that is adulterated or misbranded.

CBP says coronavirus testing should occur in laboratories and the public should be aware of counterfeit home testing kits sold online.

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

Counterfeit designer bags seized from Turkey.

PHL Handbags1L 022620

Image of seized purses, source: CBP.gov

According to a U.S. Customs and Border Protection (CBP) media release, CBP officers in Philadelphia seized a shipment of 32 counterfeit designer brand purses from Turkey. If authentic, the handbags would have a retail price of $113,683.

This is the second significant shipment of designer brand handbags that CBP officers recently seized in Philadelphia, following the $317,080 in counterfeit designer brand products officers seized February 24.

According to the media release, CBP suspected the goods were counterfeit because of the poor quality and packaging.

What happens next?
The importer of record in Atlanta will receive a seizure notice (Notice of Seizure). The IOR can then petition for release, refer to court, abandon the goods or offer in compromise.

If you have been suspected of importing counterfeit goods, don’t risk the civil penalty by Customs, contact experienced seizure attorney David Hsu at 832-896-6288 or by email at attorney.dave@yahoo.com, dh@gjatradelaw.com.

Canada approves USMCA trade deal.

pexels-photo-374870

Photo by Burst on Pexels.com

While the US is focused on the Corona Virus (COVID-19), on Friday, Canada formally approved the United States-Mexico-Canada Agreement (USMCA), the last nation needed to implement the deal to replace the 25-year-old North American Free Trade Agreement (NAFTA).

The trade deal was ratified by the Mexican legislature last June, the US legislature this past January and formally ratified by Canada on Friday. The Canadian parliament is now shut down for five weeks in response to the coronavirus pandemic.

Contact experienced trade attorney David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com, dh@gjatradelaw.com if you have any questions about how the new USMCA will impact you and your business!

Suspected counterfeit corona virus test kits seized.

That didn’t take long – U.S. Customs and Border Protection (CBP) officers at LAX seized a package containing what they suspect are counterfeit COVID-19 (corona virus) test kids from the UK.

Earlier this week, the CBP officers inspected a package labeled as “Purified Water Vials” with a declared value of $196.81, upon further inspection, CBP officers found six bags of vials filled with a white liquid and labeled “Corona Virus 2019nconv (COVID-19)” and “Virus1 Test Kit”.

CBP turned over the suspected fake test kids to the U.S. Food and Drug Administration (FDA) for analysis.

In general, there is something you can do if your shipment has been detained or seized for being suspected as counterfeit – however, in this situation, and given the current concerns over corona virus, the importer of record will likely not get this shipment returned and may receive a civil penalty notice from CBP in the upcoming weeks.

CBP seizes $90,000 in counterfeit goods from Hong Kong.

PIT IPR2L 011820

Image of seized goods. Source: CBP.gov

According to a U.S. Customs and Border Protection (CBP) media release, officers seized two shipments of counterfeit products arriving at Pittsburgh International Airport.

The first shipment’s manifest indicated the package contained men’s casual shoes. Upon inspection, CBP found a Rolex watch, LV bracelet, Christian Loubouton shoes, par of Amiri jeans, Gucci jacket and a LV sweatshirt. If authentic, the merchandise would have a manufacturer suggested retail price of $90,798.

In the second shipment, the packing list indicated phones cases – but instead contained designer brand charms and jewelry.

As is the case in most counterfeit seizures, poor quality of items and lack of authentic packaging were common indications of counterfeit merchandise.

CEE?
In all counterfeit seizure cases, CBP typically sends the counterfeited items to the Consumer Products and Mass Merchandising Centers for Excellence and Expertise (CEE for short). The CEE center is sort of a misnomer, as the CEE offices are located throughout the US and not in a centralized location. The CEE center then verifies the authenticity of the goods with the trademark holders. In all cases, the trademark holder will claim the seized goods are counterfeit.

So what happens after a seizure?
The importer of record (person who will receive the package) will receive a seizure notice by certified mail, return receipt requested. The importer of recorder can then either abandon the items, file a petition, offer in compromise or refer to court action.

If you have had a shipment seized by Customs for alleged counterfeit violations or if you have received a notice of seizure, contact experienced seizure attorney David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com, dh@gjatradelaw.com.

Undeclared currency seized by traveler to Lebanon.

pexels-photo-1574851

Photo by Craig Adderley on Pexels.com

According to a U.S. Customs and Border Protection (CBP) media release, a passenger traveling to Lebanon had her undeclared currency seized at Philadelphia International Airport.

CBP officers approached the traveler and informed her of the currency reporting requirements. After explaining the requirements they asked the traveler how much money she was carrying. She replied $10,000 and upon subsequent examination or her belongings, CBP officers seized a total of $15,000.

Customs released $300 to her for “humanitarian purposes” and released her.

As you are aware, all currency over $10,000 needs to be declared. The currency is not taxed nor taken, but only has to be reported. People traveling in the same party are subject to the $10,000 limit as a party and not individually. The humanitarian relief is a discretionary amount and is not always given to the travelers.

If you have had a  currency seizure at the airport or any of the 400+ ports of entry to the US, contact experienced currency seizure attorney David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com, dh@gjatradelaw.com.

Huawei received approximately $75 billion in support from…

black huawei android smartphone

Photo by Alex Fu on Pexels.com

According to a Wall Street Journal article published on Christmas day, Huawei reportedly had “access to as much as $75 billion in state support”. The $75 million figure was a result of the WSJ accounting of public records of Huawei and includes $46 billion in loans and $25 billion in tax cuts.
This recent article from the WSJ may bolster the US government’s case for barring mobile hardware made by Huawei to be used by government agencies. The US government may also cite this argument in it’s appeal to other countries to avoid using Huawei telecommunications equipment when municipalities choose a 5G equipment provider.
Huawei has denied any ties to the Chinese government and Huawei is still subject to a ban on using US origin hardware and software.
If you have any questions on how the Huawei band will impact your business, or if you have concerns about your export compliance with the current ban on Huawei – contact experienced trade and compliance attorney David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com, dh@gjatradelaw.com.