Category Archives: Customs Broker

Counterfeit AirPods seized in Houston – over $1.6 million worth.

February 16, 2021 By in Attorney, Customs Broker, Customs Lawyer, Import Export Attorney, Notice of Seizure Tags: , , , , , , , , Leave a comment
Seized AirPods, source: cbp.gov

According to a U.S. Customs and Border Protection (CBP) media release, CBP working in Houston in late January seized counterfeit electronics – including Apple’s “AirPods” worth more than $1.6 million dollars of MSRP value. According to the media release – the importer of record abandoned the merchandise, meaning CBP will destroy the goods.

Do you have to abandon your goods if they have been seized for intellectual property rights violations?
No, you do not – the other alternative is to petition for the release of the goods if you know they are authentic. While a petition does not guarantee a return of your goods, it gives you the opportunity to present your information and argue why the goods are authentic to CBP.

The remainder of the media release reiterated CBP’s arguments against counterfeit goods – (1) may be produced from forced labor, (2) economic harm to the trademark holder, (3) unsafe products that may cause injuries to the consumer.

If you or anyone you know has had your shipment seized for alleged intellectual property or trademark violations – contact David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com

What is a Customs Form 28 (CF-28)(CBP Form 28) Request for Information?

February 19, 2020 By in Customs Broker, Customs Lawyer, U.S. Customs and Border Protection, Uncategorized Tags: , , , , Leave a comment

CF28

Image of the CF-28, source: CBP.gov

If you are an importer, you may have received a Customs Form 29 (CF-29) or CBP Form 28. This form is an official request for information from Customs.

Why did I receive a CBP Form 28?
Upon importation of your goods, if Customs finds incomplete, inaccurate or insufficient information, they will send a CF 28 to your office.

What does Customs ask for?
Customs will ask for different things depending on what you imported. They could ask for more information or ask for a sample, or any additional information related the specific goods you imported.

What are some common reasons to receive a CF-28?
Most common issues relate to HTS code classification, intellectual property rights, antidumping and countervailing duty and more.

Do I need to respond?
Yes, you need to respond honestly to the CF-28 wihtin the time specified on the letter. A response is due 30 days from the date of the request (the Date of Request is located in box #1 at the top left corner of page 1).

What do I do if I receive a CF-28?
1. Make a note of the due date.
2. Try to respond as quickly as possible.
3. Answer all questions, be sure to look at box 14 to see if there are any additional items you are asked to provide.
4. Talk to your Customs broker if you need copies of any documents.
5. Respond to all questions honestly

Feel free to reach out to Customs if you have questions. The CF-28 will contain the name, email and telephone number of the CBP Official in boxes 17-21 at the bottom of the page.

If you have any questions on how to respond to the CF-28, contact experienced Customs attorney David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com, dh@gjatradelaw.com.

End of the Customs Broker’s District Permit?

January 29, 2020 By in Customs Broker, U.S. Customs and Border Protection, Uncategorized Tags: , , , , , , Leave a comment

pexels-photo-3057960

Photo by Tom Fisk on Pexels.com

For the past several years, there have been efforts within CBP to remove the requirement for individual district permits. Just recently CBP published a Notice of Proposed Rulemaking to take the first step to getting rid of the district permits (see: https://www.cbp.gov/trade/programs-administration/customs-brokers).

The proposed rules will likely address the Commercial Customs Operations Advisory Committee’s (COAC) recommendations. Some recommendations are listed below:

  1. “District permit” and “national permit” will be replaced with “the permit” to reflect a single permit functioning at the national level.
  2. Single permit allows brokers to have authority to conduct customs business at the national level.
  3.  Transition to a single permit.
  4.  Brokers need to show evidence how they intend to exercise responsible supervision and control.
  5.  Enhancements to ACE for broker reporting and streamlining broker reporting.
  6.  Requires the Power of Attorney come from the importer to the broker.
  7.  Removing specific feed dollar amounts
  8.  Require customs business may be conducted only within the customs territory of the United States.

If you need help or have questions about this transition, give David Hsu a call/text at 832-896-6288 or by email at attorney.dave@yahoo.com, dh@gjatradelaw.com.

Support HR 2261 – Customs Business Fairness Act of 2019

May 14, 2019 By in bankruptcy, Customs Broker, HR 2261, Uncategorized Tags: Leave a comment

brown wooden gavel close up photography

Photo by rawpixel.com on Pexels.com

Representatives Peter King (R-NY) and Gregory Meeks (D-NY) have introduced H.R. 2261, the Customs Business Fairness Act of 2019. This act protects customs brokers in the event an importer-client declares bankruptcy. As currently written, the bankruptcy laws allow bankruptcy trustees to recover duty payments made by the importer to CBP through the customs broker during the 90-day “claw back” period.

The Customs Business and Fairness Act will allow customs brokers to be “subrogated” to the priority rights of CBP for duties paid by the customs broker on behalf of an importer that subsequently files for bankruptcy – allowing a customs broker to standing the shoes of CBP as a credit who collected duties from the importer.

Click on this link below to call or write to Congress about HR 2261:
https://www.govtrack.us/congress/bills/116/hr2261/comment

US Customs agents ensure pest-free flowers just in time for Valentine’s Day.

February 12, 2019 By in Customs Broker, human rights, Uncategorized Tags: , , , Leave a comment

Customs VDay

Source: CBP.gov

According to a U.S. Customs and Border Protection (CBP) press release, Customs’ agriculture specialists are working hard to examine the hundreds of millions of cut flower stems arriving into the US in time for Valentine’s Day later this week. CBP will especially exam cut flower stems to look for plant diseases and plant pests before they enter the United States.

While it is okay to bring flowers and floral arrangements into the US, there are some prohibited plant species that will be used in the arrangement and that all agricultural products are declared.

CBP officers at the Laredo filed office processed 11.3 million cut flower stems from January to February 14th and ranks fifth largest office by volume for cut flower importations nationwide.

If you  have received a notice from Customs or have any further questions, call experienced trade attorney David Hsu at 832-896-6288 or by email at attorney.dave@yahoo.com.

Customs broker and freight forwarder found liable for “use of a counterfeit mark in commerce”.

July 25, 2018 By in Customs Broker, freight forwarder, trademark, Uncategorized Tags: , , , , , , , , Leave a comment

bench girl leisure lifestyle

Photo by Marx Ilagan on Pexels.com

A New Jersey U.S. District Court found a customs broker and freight forwarder liable for trademark infringements on Nike trademarks. The customs broker was ordered to pay $240,000 in damages and the freight forwarder will pay a yet undetermined amount.

The court held the broker and forwarder liable because they determined the arrangement of transportation and creation of documents related to the importation of the shipments constituted “use in commerce” of the Nike trademarks under the Lanham Act even though forwarder argued it had no physical control or knowledge of the shipments. Unfortunately for the broker and forwarder, the Lanham Act is a “strict liability statute” and does not consider intent or lack of intent in whether someone is liable. Speeding violations are the most common type of “strict liability statute” in that the act of speeding is the violation and it is not required to have the intent to speed. In this instance, the “use of a counterfeit mark in commerce” is the violation – with intent only a factor when determining the damages.

According to the case, (Nike, Inc. v. Eastern Ports Custom Brokers, Inc., et al., D.N.J. 2:11-cv-4390, July 19, 2018), the forwarder created the bill of lading, made arrangements for the cargo, and gave the broker a POA to act on behalf of the importer. The court ultimately found the broker and forwarder “played an active role in arranging for transportation” of the footwear and took “responsibility for the goods and making representations regarding the nature of the goods”. These actions were enough of an “use in commerce” under the Lanham Act and therefore liable for the trademark infringement.

One interesting note is the forwarder lost the case because they were in default after their lawyer withdrew in 2013. Default means a party to a lawsuit was properly served and noticed, but failed to make an appearance at any of the required hearings. For example, all parties are required to provide notice of trial dates and hearing dates. Proper notices were most likely sent by Nike to the forwarder – however, on the day of trial, no one made an appearance on behalf of the forwarder and as such lost the case for because they were in default. The forwarder, being in default, did not make an appearance and had no way to present any evidence to support their position.

Definitely an interesting case and the first time I’ve heard of a forwarder and broker liable for trademark infringement.

If you have any questions about this case and are would like to know how this ruling may impact your business as a broker or forwarder, contact experienced trade attorney David Hsu at 832.896.6288 or by email at attorney.dave@yahoo.com.