The opinions expressed are those of David Hsu and do not necessarily reflect the views of the firm, its partners, or its clients. The information in this blog is for general information purposes only and is not intended to be and should not be taken as legal advice on any subject. No recipient of content from this site, clients or otherwise, should act on the basis of any content in this site without seeking the appropriate legal or professional advice based on the particular facts and circumstances at issue from an attorney licensed in the recipient's state.
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.
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 firstname.lastname@example.org to discuss your options.
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 email@example.com.
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 firstname.lastname@example.org.
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 email@example.com.
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 firstname.lastname@example.org.
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 email@example.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 firstname.lastname@example.org. Our office may be able to
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 email@example.com.
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 firstname.lastname@example.org, would be glad to evaluate your case for free.