CBP Agriculture Specialists in Texas find first discovery of pest in the US.

Dysschema mariamne_dorsal, courtesy CBP Hidalgo

Dysschema mariamne Warren (Erebidae), source: CBP

According to a U.S. Customs and Border Protection (CBP) media release, agriculture specialists at the Pharr, Texas Port of Entry discovered a rare pest, a first in nation discovery, in a shipment of prickly pear pads.

Specifically, CBP agents found the Dysschema mariamne Warren (Erebidae), a first in nation pest.

The Erebidae was discovered upon an inspection of shipment of pear pads from Mexico. After it was discovered, the U.S. Department of Agriculture entomology laboratory was consulted and the initial identification was later confirmed by a national specialist as Dysschema mariamne Warren (Erebidae). According to USDA entomologists, this pest has never been found at any of the nation’s ports of entry. CBP refused entry to the shipment and returned it back to Mexico.

If you have had a shipment detained by Customs for containing invasive species, or have had a shipment detained due to pests found in wood packaging materials – contact experienced customs seizure and detention attorney David Hsu at 832-896-6288 or by email at attorney.dave@yahoo.com, dh@gjatradelaw.com.

US and Japan reach trade deal.

birds eye view photo of freight containers

Photo by Tom Fisk on Pexels.com

Last week, President Trump and his counterpart Prime Minister Abe of Japan reached a trade deal to cut tariffs and increase trade between the two nations.

Part of the deal includes Japan agreeing to reduce or cancel tariffs on American agricultural exports such as beef, corn, pork and fruit – with the US agreeing to reduce tariffs on bicycles, flowers, tea and other industrial products.

At the same time, the agreement prohibits future tariffs on streaming videos, music and video games.

If you have any questions about how the new trade deal with Japan will impact your business, contact experienced trade attorney David Hsu at 832-896-6288 or by email at attorney.dave@yahoo.com, dh@gjatradelaw.com.

5,200 counterfeit refrigerator water filters seized.

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Image of seized water filters, source: CBP.gov

According to a U.S. Customs and Border Protection (CBP), CBP officers at LA/Long Beach port seized 5,202 counterfeit refrigerator water filters that if genuine would have an estimated manufacturer’s suggested retail price (MSRP) of $224,202.

The counterfeit filters contained trademarks registered by Brita, GE, Frigidaire, PUR and NSF Certification. As you are aware, trademark owners can register their trademark and CBP will seize infringing use of such trademarks.

The filters were shipped from China and were to be delivered to an address in Washington.

If you or anyone you know has had a shipment seized for suspected infringement of trademarks, contact experienced seizure attorney David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com, dh@gjatradelaw.com.

Fake NBA championship rings worth $560,000 seized by Customs.

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Image of counterfeit NBA rings, source: cbp.gov

According to a U.S. Customs and Border Protection (CBP) media release – officers assigned at Los Angeles International Airport (LAX) seized 28 counterfeit NBA rings with a manufacturer’s suggested retail price (MSRP) of $560,000.

According to the media release, the rings were shipped from China and packaged in a wooden box to be sold as a collection of championship rings from multiple teams – including the Cavaliers, Lakers, Bulls, etc.

When CBP suspects items are counterfeit, they will take photos or send samples to the  Consumer Products and Mass Merchandising Center of Excellence (CPMM Center) for a final determination regarding the authenticity of the items. If they are determined to be counterfeit, CBP will seize the goods and issue a seizure notice to the importer of record (in this instance, it is a not a formal entry – so the notice would be shipped to the person receiving the goods).

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

I want to file a 301 exclusion – what info do I need to provide the USTR?

aerial view photography of container van lot

Photo by Tom Fisk on Pexels.com

As you are aware, the exclusion process for List 3 is now openuntil September. We have received a lot of exclusion requests and I thought I’d share the information the US Trade Representative (USTR) requires in order to review an exclusion request:

1. 10-digit subheading of the HTSUS applicable, use 8/10 digits (if there are different HTSUS 8 and 10 digit codes used, we will need a separate request)

2. Product name

3. Detailed description of the product: (1) physical characteristics (e.g., dimensions, weight, material composition, etc.). (2) Requestors may submit a
range of comparable goods within the product definition set out in an exclusion request. Thus, a product request may include two or more goods with
similar product characteristics or attributes. Goods with different SKUs, model numbers, or sizes are not necessarily different products.

4. The products function, application (whether the product is designed to function in or with a particular machine or other device), principal use, and any
unique physical features that distinguish it from other products within the covered 8-digit HTSUS subheading. Requestors may submit attachments that
help distinguish the product (e.g., CBP rulings, photos and specification sheets, and previous import documentation). Documents submitted to support a
Requestor’s product description must be made available for public inspection and contain no BCI. USTR will not consider requests that identify the
product using criteria that cannot be made available for public inspection.

5. Requestors must provide their relationship to the product (Importer, U.S. Producer, Purchaser, Industry Association, Other) and provide specific data
on the annual quantity and value of the Chinese-origin product, domestic product, and third-country product the Requestor purchased, in 2017, 2018,
and the first quarter of 2019.

6. Requestors must provide information regarding their company’s gross revenues for 2018, the first quarter of 2018, and the first quarter of 2019.

7 For imports sold as final products, Requestors must provide the percentage of their total gross sales in 2018 that sales of the Chinese-origin product
accounted for.

8. For imports used in the production of final products, Requestors must provide the percentage of the total cost of producing the final product(s) the
Chinese-origin input accounts for and the percentage of their total gross sales in 2018 that sales of the final product(s) accounted for. Required
information regarding the Requestor’s purchases and gross sales and revenue is BCI and the information entered will not be publicly viewable.

9. Whether the particular product is available only from China and whether the particular product and/or a comparable product is available from sources
in the United States and/or in third countries. The Requestor must provide an explanation if the product is not available outside of China or the Requestor
is not sure of the product availability.

10. Whether the Requestor has attempted to source the product from the United States or third countries.

11. Whether the imposition of additional duties (since September 2018) on the particular product has or will cause severe economic harm to the
Requestor or other U.S. interests.

12. Whether the particular product is strategically important or related to “Made in China 2025” or other Chinese industrial programs.

If you have any questions about the exclusion request process, contact experienced attorney trade attorney David Hsu at 832-896-6288 or by email at dh@gjatradelaw.com.

CBP seizes $170k in smuggled cash.

currency

Image of seized cash in bundles, hidden in tailgate. Source: CBP media relations website.

Earlier this month, U.S. Customs and Border Protection (CBP) reported a seizure of $170,000 dollars in money hidden in the tailgate of a pick-up truck.

According to the media release, the currency was wrapped in black tape and hidden within the tailgate of the truck.

CBP seized the money and the driver and passenger were placed into custody by Homeland Security Investigation special agents.


I’ve handled countless currency seizures and here are some answers to currency seizure questions you may or may not have:

Can they get the seized money back?
Most likely not – (1) because of the method taken to conceal the money, also, (2) the case was turned over to HSI instead of with CBP. If the case stayed with CBP, then they are dealing with FP&F. If a case is with HSI, then there’s likely no civil seizure petition method.

What do you have to show to get your seized money back?
Short version – you need to show legitimate source and use of funds. Every case is different, call David Hsu to discuss yours – 832.896.6288 or by email at attorney.dave@yahoo.com.

Trump delays decision on steel and aluminium tariffs.

pexels-photo-93106.jpeg

A little background – back in March 2018, President Trump imposed worldwide tariffs of 25% on imports of steel and 10% on aluminum. Countries such as Canada, Mexico and the European Union were temporarily exempted from these tariffs.

Later in April, the US gave South Korea a permanent exemption from these tariffs in exchange for a 30% reduction of SK exports of steel to the United States.

One country not exempted was China, and as posted previously on this blog, China retaliated with their own duties on many US imports to the middle kingdom.

Fast forward to May 1st and the current administration has extended negotiations on steel and aluminium tariffs for an additional 30 days with Canada, Mexico and the European Union. Tentative agreements have been reached with Argentina, Brazil and Australia.

Check back here for more details as they become available.

CBP seizes $107,360 in unreported currency from traveler headed to Jordan.

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Courtesy CBP.gov Website

Another day, another CBP media release of a currency seizure. This time the seizure occurred at Chicago O’Hare (ORD). On April 11th, a traveler departing ORD to Jordan was intercepted by CBP and found to be concealing $107,360 in sealed shirt bags.

31 USC 5316 indicates that all travelers must report currency in the amount of $10,000 or more. Travelers carrying $10,000 or more need to complete a FinCEN Form 105, also known as the Report of International Transportation of Currency or Monetary Instruments (CMIR).

If you have had currency seized, call David Hsu for immediate assistance, 832-896-6288 or by email at attorney.dave@yahoo.com. We can assist clients all over the world, don’t delay call today.

CBP seizes combined $152k in unreported currency from two travelers in April 2018.

PHL Currency1M 040718

Courtesy CBP.gov Website

According to the U.S. Customs and Border Protection (CBP), officers at the Philadelphia International Airport seized a combined total of 152,342 in unreported currency from two travelers departing out of who recently departed PHL.

As a general rule, travelers can carry as much currency (cash, checks, money orders, or other monetary instruments), but MUST report all amounts totaling $10,000 or more on a U.S. Department of Treasury financial form.

The first seizure took place on April 1st, where a traveler headed to Turkey was seized with $46,500 and the second seizure occurred on April 7th, where a traveler to Ghana had possessed $105,842.

If you or anyone you know has had cash seized at the airport, contact experienced currency seizure attorney David Hsu at 832.896.6288 or email at attorney.dave@yahoo.com for immediate assistance.

We work hard to get your hard earned money back from Customs, don’t delay – call today!

Latest CBP Instructions on Section 232 Investigations (April 11, 2018)

Donghai Service Port

Photocredit: Imaginechina/REX/Shutterstock

See below for the most recent instructions regarding the Section 232 Investigations. These instructions were released by the CBP, on April 11th. The original text can be found here.

Commodities: Unchanged and includes steel mill and aluminum articles as specified in proclamations.

COUNTRIES COVERED:
March 23, 2018 through April 30, 2018: All countries of origin except Canada, Mexico, Australia, Argentina, South Korea, Brazil and member countries of the European Union (Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and the United Kingdom).

However, after May 1, 2018, all countries of origin.

Customs does make a note to remind readers that it is based on the country of origin, not the country of export.

ENTRY SUMMARY FILING INSTRUCTIONS:

Steel Products: importers shall use the HTS classification for imported merchandise subject to duty: 9903.80.01 (25 percent ad valorem additional duty for steel mill products)

Aluminum Products: importers shall use HTS classification: 9903.85.01 (10 percent ad valorem additional duty for aluminum products)

If the two above HTS numbers are not used for importers under Chapters 72, 73 and 76 for the covered countries of origin, these error messages will display:

E1 IQ10 LINE SUBJECT TO QUOTA

E1 FQ09 QUOTA NOT ALLOWED FOR ENTRY TYPE

E1 FQ05 BANNED IMPORT

E1 RF998 TRANSACTION DATA REJECTED

Note: Quota is not in effect, but this ACE functionality is being used to validate entry summary transmissions and reject when validations determine the data is missing the required chapter 99 number.

If importers or filers do not include the chapter 99 code with their Post Summary Corrections for imports under Chapters 72, 73 and 76, the above reject messages will also appear.

Importers may file a protest if they believe an entry was incorrectly liquidated.

Below are the FREQUENTLY ASKED QUESTIONS from the CBP website copied for your convenience.

1. What is the timing of duty calculations on immediate transportation in bond entries subject to Section 232?

Pursuant to the Presidential Proclamations, duties are due on goods entered, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern daylight time on March 23, 2018.

19 CFR 141.69(b) states:

Merchandise which is not subject to a quantitative or tariff-rate quota and which is covered by an entry for immediate transportation made at the port of original importation, if entered for consumption at the port designated by the consignee or his agent in such transportation entry without having been taken into custody by the port director for general order under section 490, Tariff Act of 1930, as amended ( 19 U.S.C. 1490), shall be subject to the rates in effect when the immediate transportation entry was accepted at the port of original importation.

For such entries covered by an entry for immediate transportation, and with a country of origin and Harmonized Tariff Schedule classification subject to the Presidential Proclamations, such entries shall be subject to the duty rates in effect when the immediate transportation entry was accepted at the port of original importation.

Accordingly, entries of steel and aluminum articles covered by an entry for immediate transportation accepted at the port of original importation before March 23, may have been incorrectly rejected by CBP and/or incorrectly filed with a Chapter 99 steel or aluminum HTS classification.

CBP is working to address the incorrectly filed entries to alleviate the need for the trade to resubmit entry summaries, submit post summary corrections (PSC), or file protests. CBP is aware that some entry summaries incorrectly submitted with the Chapter 99 HTS classification may have a deadline approaching to pay the associated duties. CBP will fully consider the issues associated with these entries in enforcing the duty deadline and CBP will be addressing these entries promptly. Importers who incorrectly paid duties pursuant to the Presidential Proclamations on an AD/CVD entry, and want to request an administrative refund of these duties prior to liquidation, may file a PSC to request an administrative refund of these duties prior to liquidation.

2. Which Harmonized Tariff System (HTS) classifications under HTS 7616.99.51 are subject to the Section 232 duties.

Per the Presidential Proclamations, 7616.99.51.60 and 7616.99.51.70 are subject to the Section 232 duties.

If you have any questions, call customs and trade law attorney David Hsu at 832-896-6288 or by email at attorney.dave@yahoo.com.