Banned! Cotton from Xinjiang, China.

stylish collection of multicolored clothes on hangers in boutique
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In early December, the House and Senate unanimously passed a law banning the importation of products made from China’s Xinjiang region. The bill that passed both houses was signed on December 23rd by President Biden. The new bill requires suppliers to prove their products were not produced using forced labor. As previously posted on this blog – many products such as cotton and solar panels are imported from the Xinjiang region of China. In response, China has denied allegations of forced labor.

If you import any clothing from China, contact our office for a free consultation on how you can avoid any upcoming import compliance issues. Contact David Hsu anytime by phone or text at 832-896-6288 or by email at attorney.dave@yahoo.com, DH@GJATradeLaw.com.

Fake jewelry and scarves valued over $3 million seized.

Counterfeit “LV” bracelets, source: CBP.gov

U.S. Customs and Border Protection (CBP) officers in Cincinnati seized a shipment containing 1,830 counterfeit accessories such as scarves, bracelets, rings and earrings. The counterfeit goods contained marks from designer brands such as LV, Gucci, Chanel and Versace. As with most seizures by CBP, the items were easily identified as counterfeit due to poor product packaging and quality of the materials. According to the media release, the Center for Excellence and Expertise determined all of the goods to be counterfeit.

In total, the value of all the goods, if authentic would have a MSRP of approximately $3.09 million. If you have had your goods seized for suspicion of being counterfeit, contact seizure attorney David Hsu by phone/text at 832.896.6288 or by email at attorney.dave@yahoo.com.

CBP seizes over $30 million in fake designer goods.

Image of seized goods, source: CBP.gov

According to a CBP media release, CBP officers at the Los Angeles/Long Beach seaport seized over 13,586 counterfeit designer products arriving from a shipment from China.

For goods suspected of being counterfeit, CBP officers will work with a Center of Excellence and Expertise (CEE) – in the instance of goods suspected to be counterfeit – CBP will work with the Consumer Products and Mass Merchandising (CPMM) CEE.

The CEE will typically send images or samples of detained merchandise to the trademark or intellectual property rights holder for verification whether the goods are authentic or not. In 99.99% of the time, the trademark holder will tell CBP/CEE the goods are not authentic.

In the instant seizure, the counterfeit goods included handbags, tote bags, shoulder bags, crossbody bags, backpacks, shirts, and pants displaying brand names such as Gucci, Chanel, Fendi, YSL and Louis Vuitton. If genuine, the seized goods would have a combined MSRP of approximately $30,473,775.

CBP officers examining a detained purse, source: CBP.gov

Typically after a seizure, CBP will issue a seizure notice to the Importer of Record. This seizure notice will be sent by certified mail, return receipt requested. If you have received a seizure notice, contact David Hsu for immediate assistance by phone or text at 832-896-6288 or by email at attorney.dave@yahoo.com.

1,000 counterfeit solar panels from China seized.

Image of seized solar panels, source: CBP.gov

In late September, U.S. Customs and Border Protection (CBP) officials in Baltimore seized 1,000 solar panels from China destined to Denver. The 365-watt crystalline silicon photovoltaic modules from China were seized because the ELT markings were applied with the ETL trademark owner’s authorization. The Intertek ETL mark is only allowed on authorized goods that meet Intertek’s standards for compliance with North American performance and safety standards.

The seized panels were appraised at $275,000, if authentic. If you have had your shipment detained or seized due to not having the appropriate mark or alleged unauthorized use of a mark even though you have authorization – contact David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com for immediate assistance to explore your options.

CBP Issues Withhold Release Order on Supermax Corporation Bhd. and its Subsidiaries.

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See below for the text of the actual CBP media release:

WASHINGTON —Effective Oct. 21, U.S. Customs and Border Protection (CBP) officers at all U.S. ports of entry will detain disposable gloves produced by Supermax Corporation Bhd.’s wholly-owned subsidiaries, Maxter Glove Manufacturing Sdn. Bhd., Maxwell Glove Manufacturing Bhd., and Supermax Glove Manufacturing.

“With this Withhold Release Order, the Biden-Harris Administration continues to make clear that products made in whole or in part by forced labor will not be allowed into the United States,” said Secretary of Homeland Security Alejandro N. Mayorkas. “DHS will continue to set an international standard for the elimination of the deplorable practice of forced labor. We will remove it from American supply chains.”

CBP issued a Withhold Release Order (WRO) against Supermax Corporation Bhd. and its subsidiaries based on information that reasonably indicates their use of forced labor in manufacturing operations. CBP identified 10 of the International Labour Organization’s indicators of forced labor during its investigation.

“This Withhold Release Order will help protect vulnerable workers,” said Troy Miller, CBP Acting Commissioner. “CBP is a global leader in forced labor enforcement, and we will continue to exclude products made by modern slavery from entering into the United States.”

Federal statute 19 U.S.C. 1307 prohibits the importation of merchandise produced, wholly or in part, by convict labor, forced labor, and/or indentured labor, including forced or indentured child labor. CBP detains shipments of goods suspected of being imported in violation of this statute. Importers of detained shipments have the opportunity to export their shipments or demonstrate that the merchandise was not produced with forced labor.

“With 10 of the 11 forced labor indicators identified during the course of our investigation, CBP has ample evidence to conclude that Supermax Corporation Bhd. and its subsidiaries produce gloves in violation of U.S. trade law,” said CBP Office of Trade Executive Assistant Commissioner AnnMarie R. Highsmith. “Until Supermax and its subsidiaries can prove their manufacturing processes are free of forced labor, their goods are not welcome here.”

In Fiscal Year 2021, CBP issued seven WROs and two forced labor findings. The International Labour Organization estimates that 25 million workers suffer under conditions of forced labor worldwide. Foreign companies exploit forced labor to sell goods below market value. This exposes vulnerable populations to inhumane working conditions like physical and sexual violence, isolation, restriction of movement, withholding of wages, excessive overtime, and more. It also hurts law-abiding businesses, threatens American jobs, and exposes consumers to unwittingly supporting unethical business practices.

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If you are subject to a WRO or have any questions how a CBP WRO will impact your business, contact David Hsu anytime by phone or text to: 832-896-6288 or by email at attorney.dave@yahoo.com.

$26 Million in Counterfeit Watches Seized

Image of counterfeit seized watches, source: CBP.gov

Back in mid-September, U.S. Customs and Border Protection (CBP) officers in Kentucky seized 2,168 counterfeit designer watches with a MSRP of $57.84 million.

The shipment from Hong Kong and Turkey were destined for addresses in Florida and Michigan before they were inspected, detained and seized (1/4 of all counterfeit goods seized in the US originate from Hong Kong) The seizure included 21 counterfeit “Richard Mille” watches that would have been worth $25.56 million MSRP if authentic. The $25.26 million seized is only a fraction of the average $650 million of counterfeit watches and jewelry seized per year by CBP.

If you have had your shipment seized for suspicion of being counterfeit, contact seizure attorney David Hsu by phone/text at anytime to: 832-896-6288 or by email at attorney.dave@yahoo.com.

Nearly half million in counterfeit contacts seized.

Counterfeit contact lenses, source: CBP.gov

In late October, U.S. Customs and Border Protection (CBP) officers along with the U.S. Food and Drug Administration (FDA) Office of Criminal Investigation special agents and FDA consumer safety officers seized nearly half a million dollars worth of nearly 26,000 pairs of counterfeit contact lenses. Contact lenses are regulated by the FDA and CBP is the enforcement mechanism.

The CBP media release further highlighted the dangers of purchasing counterfeit goods to the American consumer. If you have had your goods seized on suspicion of being counterfeit, contact seizure attorney David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com

“Water pipes” or “Gravity Pipes” seized by CBP.

Image of one of the seized “water pipes”, source: CBP.gov

CBP officers at Dulles International Airport seized a shipment of 3,738 glass bongs from China in early October. The documentation listed the goods as “gravity pipes”. CBP officers detained the shipment and sent a sample and photo to the CBP Centers of Excellence and Expertise (CEE) that handles Consumer Products and Mass Merchandising. More than a month later, CBP import specialists seized the goods (appraised at $56,033) on the basis of drug paraphernalia.

If you or someone you know has had a seizure for goods suspected of being drug paraphernalia, contact David Hsu by phone/text anytime to 832-896-6288 or by email at attorney.dave@yahoo.com.

CBP Officers and Agriculture Specialists seize tomato shipment from company subject to a Withhold Release Order.

Image of the seized tomatoes, source CBP.gov

According to a U.S. Customs and Border Protection (CBP) media release, CBP officers at the Pharr International Bridge detained a shipment of tomatoes from the company: Horticola Tom, S.A. de C.V., a company subject to a recent Withhold Release Order. The goods from Horticola Tom are suspected to have been produced using forced labor, and as such are barred from import to the US.

CBP Agriculture Specialists examined a shipment of tomatoes purported to be from a company not affected by recent WRO’s. However, when CBP reviewed the paperwork and compared the packaging of the tomatoes, CBP determined the tomatoes were from the grower, Horticola Tom.

As with all goods subject to a WRO, the tomatoes were re-exported back to Mexico.

If your company is subject to a WRO or your goods have been wrongfully detained, contact David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com to discuss your options moving forward.

Another day, another seizure of fake COVID-19 vaccination cards.

U.S. Customs and Border Protection officers in Pittsburgh seized 70 counterfeit COVID-19 vaccination cards on September 7 that shipped from China and were destined to an address in Beaver County, Pa.
Source: CBP.gov. CBP seized 70 counterfeit COVID-19
vaccination cards shipped from China.

Must be a shortage of card stock in the US, as a U.S. Customs and Border Protection (CBP) media release reports a seizure of 2 shipments of counterfeit COVID-19 vaccination cards in Pittsburgh in early September. CBP were able to determine the vaccination cards as counterfeit due to the low-quality appearance and the importer of record or consignee was not the Centers for Disease Control and Prevention.

The Customs media release reminds readers of the illegality of buying, selling or using counterfeit COVID-19 vaccination cards.

If you have had your shipment seized by customs, contact David Hsu by phone/text anytime for assistance at 832-896-6288 or by email at attorney.dave@yahoo.com for assistance.