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.

CBP agriculture specialists intercept moth egg mass.

Mass of egg moths, source: CBP.gov

Brownsville U.S. Customs and Border Protection (CBP) officers intercept egg masses belonging to the Euproctis sp. (Erebidae) moth – a “first in port” of this pest. When initially discovered in late July, CBP agriculture specialists were unaware of the species and submitted a sample to the U.S. Department of Agriculture (USDA) for identification.

The Euproctis sp. (Erebidae) months are found in Europe and Asia, it is believed the caterpillars are serious pests to agricultural crops and forests.

If your vessel has been seized by Customs or if you receive a notice of action for pests found on your shipment, contact invasive pests attorney David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com.

CBP issues detention order on clothing made from prison labor.

curious isolated young woman looking away through metal bars of fence with hope at entrance of modern building
Photo by Andrea Piacquadio on Pexels.com

Last week, U.S. Customs and Border Protection (CBP) issued a Withhold Release Order (WRO) against garments produced by the “Hero Vast Group”. According to Customs, the Hero Vast Group includes entities such as: Shanghai Hero Vast International Trading Co., Ltd.; Henan Hero Vast Garment Co., Ltd.; Yuexi Hero Vast Garment Co., Ltd.; Ying Han International Co., Ltd.; and Hero Vast Canada Inc.

Under 19 USC 1307, you cannot import merchandise mined, manufactured, or produced through use of forced labor such as child labor, convict labor or through indentured labor.

CBP believes the Hero Vast Group is violation 19 USC 1307 by the use of prison labor to produce garments.

If you are subject to a withhold release order and your goods are detained, contact David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com. Our office may be able to

$1.16 million in counterfeit good seized.

Seized handbag from Chicago, source: CBP.gov

Another day, another seizure – this time in Chicago on July 28th. CBP officers found 555 counterfeit Nike and Air Jordan shoes, 462 Louis Vuitton branded handbags, totes, backpacks, 165 Gucci handbags, totes, wallets, 13 Beats headphones and 10 Apple Airpods.

The media release noted the poor manufacturing and packaging quality as an indication the goods may be counterfeit. The shipment from Hong Kong (likely another reason why Customs believes the goods are counterfeit).

Author’s note – Customs can detain a shipment for up to 5 days to verify the authenticity of the goods seized. In this instance, CBP asked the importer of record to produce documentation showing they were licensed to import trademarked goods. If an importer cannot show they have a license to import goods of a certain brand holder – then the goods will be seized and a seizure notice will be issued.

Also, if a shipment has been detained for suspicion of violating trademark or copyright violations – the 5-day detention rule does not apply. The reason the 5-day rule does not apply is because CBP will contact the property rights holder and ask if the importer has a license to import the goods. Very rarely will the trademark holder side with the importer.

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

Fake designer jewelry seized by CBP in San Juan.

“Piguet” watch, Source: CBP.gov

Another day, another U.S. Customs and Border Protection (CBP) counterfeit seizure – this time in San Juan, Puerto Rico. According to the CBP media release, San Juan Field Operations seized counterfeit jewelry from a shipment originating out of Hong Kong. If genuine, Customs estimated the shipment to be worth approximately $1.2 million.

CBP did not mention the copied brands, but the photo attached to the media release was labeled “Piguet”, perhaps the name found on the watch to copy the “Piaget” brand.

Author’s comments – if the image of the watch attached to the media release is indicative of the products seized, it seems like this shipment probably was not trying to copy any actual luxury brands.

I don’t wear a watch – but looking at the Piaget watches sold online – I don’t see anything closely resembling what is shown in the attached photo. Most Piaget watches I see online look like a typical watchface with dials and easy to read numbers – much different than the “diamond” covered face of the seized watch. My guess is that a manufacturer in Shenzhen created their own brand of watches and needed a name, and therefore took the “Piaget” name and changed a few letters to “Piguet” (which appears more similar to the “Peugeot” car brand.

I understand that Customs is tasked with enforcing registered marks, word marks, trademarks etc., however, is this “Piguet” watch an attempt to counterfeit a real “Piaget” watch? Or is this an instance of a manufacturer taking a brand name, and changing it. I always think back to the old Simpsons episode where Homer buys a “SORNY” TV instead of a real “SONY”.

A quick search on Alibaba shows “Reebow” branded athletic equipment, and “Hommy Tilfiger” duffel bags next to “Carsonkangaroo” branded wallets under a logo silhouette of a kangaroo not closely resembling the Kangol logo.

I think it is arguable these shipments are not counterfeits – someone (not your author) aware of a high-end luxury brand such as Piaget would not confuse a watch branded “Piguet” with a real Piaget.

If you have had your goods seized by Customs, contact David Hsu anytime by phone/text at 832-896-6288. You can also find me on Line, WeChat, WhatsApp, Telegram by the same phone number – or email me at attorney.dave@yahoo.com, would be glad to evaluate your case for free.

Counterfeit coolers seized by CBP.

Counterfeit cooler, source: CBP.gov

Earlier this week, U.S. Customs and Border Protection (CBP) inspected a rail container at the Portal Port of Entry and found coolers in violation of intellectual property rights. The seized coolers, if genuine would total approximately $151,149.

Author note – not sure which brand these coolers appear to be trying to counterfeit – I see RTIC and YETI both have these types of coolers – but could not find one that was similar.

If you have any questions about importing and/or exporting, contact us for a no fee consultation – David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com.

CBP seizes mislabeled shipment filled with counterfeit goods.

Image of counterfeit sandals, source: CBP.gov

In late June, U.S. Customs and Border Protection (CBP) officers Kentucky detained and seized a shipment containing over 300 counterfeit items shipped from Hong Kong.

While the outside packing list indicated the contents were belts, CBP officers instead found watches from “Rolex”, “Cartier” and “Panerai Luminor”. The shipment also contained sandals from Tory Burch, earrings from Chanel, Gucci sandals bracelets, LV scarves, Gucci scarves, Chanel Scares and many more luxury branded goods. CBP indicated the shipment contained over $371,365 worth of goods – if authentic.

Author’s note: in general, CBP will detain goods suspected of being counterfeit and then send images or samples of the goods to the trademark holder. If the trademark holder tells Customs the goods are not authentic – CBP will seize them and issue the importer of record a seizure notice.

Also – in addition to seizing the goods for being counterfeit, CBP can also seize any goods that are included in the shipment, but not properly declared or mis-declared on the packing list and entry paperwork.

In general – it is easy to run into Customs problems – before you import, or before you export, contact David Hsu by phone/text anytime at 832-896-6288 or by email at attorney.dave@yahoo.com for a free consultation.

$5.5 million in fake Gucci, Instagram and Facebook clothing seized.

Seized goods, source: CBP.gov

Earlier this past July, U.S. Customs and Border Protection (CBP) officers at one of our great nation’s biggest seaport of Los Angeles / Long Beach seized a large shipment of women’s sleepwear containing counterfeit brands such as Gucci, Facebook and Instagram.

2020 is a weird year indeed when we consider Facebook and Instagram to be a luxury brand. If authentic the 16,340 items of seized counterfeit pajamas (called “sleeping dresses”) would be worth an approximate retail value of $5.5 million.

CBP reported the counterfeit goods were concealed inside generic non-branded pajamas which CBP believes was intentionally packaged to avoid detection.

Author’s note – yes, in general if you pack counterfeit goods underneath unbranded goods, or try to conceal a counterfeit logo (such as using black tape to cover a logo), CBP will assume you are aware of the nature of the goods and are attempting to smuggle them into the US in violation of 19 USC 1595a (c)(1)(A), in other words merchandise that “is stolen, smuggled, or clandestinely imported or introduced“.

In addition to violating intellectual property rights of the trademark holder, CBP also claims counterfeit goods may not be in compliance with the U.S. Consumer Product Safety Commission (CPSC) requirements for flammability standards of sleepwear.

If you have had your shipment seized for alleged counterfeit violations or seized for alleged violations of CPSC consumer guidelines – contact seizure attorney David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com.

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.