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 Louisville, Kentucky seized over 618 bottles of Viagra containing about 18,540 pills. The Food and Drug Administration (FDA) seized the pills for being misbranded – a violation of the Federal Food, Drug and Cosmetic Act (FDCA).
Since the pills were being imported, they were likely purchased online and may have been produced abroad and seized by the FDA on the basis the pills were from a non-regulated foreign company and may contain da ngerous compounds, with different ingredients and poor quality control.
I-f you have had your goods seized by Customs, contact seizure attorney David Hsu by phone/text at 832-896-6288 or by email at firstname.lastname@example.org.
The firm and I are located in Houston, and I only have a Texas law license (SBOT #: 24062636). About once or twice a week I am frequently asked the above question – whether or not I can represent someone a client in another state?
The answer is yes! While we are based in Houston, Texas, we can represent clients in any state, jurisdiction or country because trade and customs law issues are matters of federal law.
It is very common for attorneys to represent clients in other states because there are many other areas of federal law besides trade and customs law – such as bankruptcy, IRS and tax issues and immigration law.
No matter where you are, we can represent you – call or text 24/7: 832.896.6288 or send me an email to my catch-all email address: email@example.com.
According to a U.S. Customs and Border Protection (CBP) media release, CBP officers at Chicago O’Hare seized 50,000 vaping pens from Hong Kong.
The “dragster Mountain Vape Pens” were seized because they violate the Federal Food, Drug, and Cosmetic Act (FD&C Act) regarding the importation of tobacco products – specifically for being misbranded and for being imported by an unauthorized agent. Typically this means an importer is not authorized to import goods (that may be counterfeit).
According to the Customs media release, Customs believes the shipment was intentionally and improperly mislabeled as “lithium ion batteries” to avoid seizure.
While not reported in the Customs media release – shipments that are mislabeled are typically seized under statute 19USC1499(a)(3)(A), copied below:
(3)Unspecified articles If any package contains any article not specified in the invoice or entry and, in the opinion of the Customs Service, the article was omitted from the invoice or entry—(A) with fraudulent intent on the part of the seller, shipper, owner, agent, importer of record, or entry filer, the contents of the entire package in which such article is found shall be subject to seizure; or
19USC1499(a)(3)(A) is a catch all statute Customs frequently uses to seize any goods that are not included in paperwork. Omissions or mis-representations on the paperwork (regardless of goods being imported) is the easiest way for Customs to seize shipments. If you are in the import business – be sure the exporter is correctly declaring the shipment and are following your import compliance manual and procedures.
If you import and don’t have a compliance manual or procedures – contact me, you need one, 832-896-6288.
Going back to the vape pens – Customs will likely not release these goods as the FDA has increasingly cracked down on the importation of these vape pens and other nicotine delivery systems. The alleged counterfeit nature of the pens and the mislabeling of the shipment will likely mean these vape pens will not be released.
If you have had your goods seized by Customs, contact seizure attorney David Hsu immediately by phone or text at 832-896-6288 or by email at firstname.lastname@example.org.
According to a U.S. Customs and Border Protection (CBP) media release, CBP officers at the Los Angeles/Long Beach (LA/LB) seaport seized a shipment of counterfeit perfumes valued over $366,000 if authentic.
The shipment of over 80 cartons from Hong Kong contained 3,739 bottles with brand names such as Dior, Chanel and Paco Rabanne according to import specialists with the Consumer Products Mass Merchandising Center (CPMM). The CPMM will contact the trademark or intellectual property rights holder and seize the goods if they are told the goods are not authentic.
If you have had your shipment seized for alleged trademark violations – contact David Hsu to discuss your options 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 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 firstname.lastname@example.org
According to a U.S. Customs and Border Protection (CBP) media release, CBP officers in Chicago seized drug paraphernalia goods on multiple days earlier in December. In one shipment, CBP seized wax vaping kits and glass pipes in another shipment.
In general – if you import any sort of glass pipe, or glass pipes with plastic roses in them, or other vaping kits – they will likely be seized by CBP because it is illegal to import and export paraphernalia (21 U.S.C. 863(a)).
CBP broadly defines drug paraphernalia as:
“any equipment, product, or material of any kind which is primarily intended or designed for use in manufacturing, compounding, converting, concealing, producing, processing, preparing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance, possession of which is unlawful under this subchapter.” (21 U.S.C. 863(d))
CBP seized both the wax vaping kits and glass pipes because they can be used to smoke marijuana.
If you have had your good seized because they are considered drug paraphernalia, contact seizure 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 media release – on December 9th, CBP officers stopped a vehicle traveling to Mexico for further inspection. During the inspection by the CBP canine team, the dog alerted CBP to the driver’s side quarter panel of the car.
Further inspection by CBP officers found many wrapped packages containing unreported US currency in the quarter panels, under the rear seat of the third row and the cargo area.
The media release doesn’t go into further details other than writing the cash was seized.
Typically, US media releases would mention the case was referred to Homeland Security Investigations – the criminal investigation arm of the Department of Homeland Security.
If you have had your currency seized by Customs, call David Hsu now at 832-896-6288 or email firstname.lastname@example.org for immediate help. You typically only have 30 days to respond to a currency seizure.
U.S. Customs and Border Protection (CBP) officers in Louisville, Kentucky seized 1,280 “Rolex” watches, if authentic, would be worth an estimated $25.2 million dollars. The shipment from Hong Kong arrived in four shipments to Louisville, Kentucky ultimately destined for Salt Lake City, Utah. If you are wondering why the seizures usually occur in Louisville, it is because that is where DHL/FedEx/UPS have their hub for shipments from China.
The Customs media release claims the watches were mis-manifested (wrongly described on the entry paperwork, packing list, or invoice). As an aside – Customs at their discretion seize goods that are mis-identfied.
Customs seized the watches and sent either sample photos or a sample seized watch to Rolex to confirm authenticity. As Rolex (and any property rights holder) denied the authenticity, the watches were seized and will be forfeited (destroyed by Customs).
Last week, U.S. Customs and Border Protection (CBP) officers in the Chicago International Mail Facility seized a shipment from the Ukraine containing more than $1.3 million in funny money. The exporters from the Ukraine labeled the shipment of 13,957 $100 bills as “prop money”.
While many importers believe the words or marking of currency as “prop money” means they can be imported – CBP considers any counterfeit of US currency a violation of the federal law prohibiting the reproduction of currency. CBP then turned over the money to Homeland Security Investigations (HSI) and the U.S. Secret Service (USSS) for investigation.
In general, if CBP turns a case over to HSI and/or the USSS, then the importer is likely subject to criminal penalties instead of the usual civil penalties.
If you have had your currency seized by Customs, contact seizure attorney David Hsu by phone 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 in Ohio seized 11 counterfeit Richard Mille watches from Hong Kong with the ultimate end user in New Orleans. See image above of the seized watches.
The seizures in Ohio and the other intellectual property rights violations seizures are part of CBP’s efforts to stop unfair Chinese trade practices and protect US businesses. This operation is known as “Operation Mega Flex and has resulted in 4,200 seizures of goods in the past 15 months”.
If you have had your goods seized by Customs, contact David Hsu by phone/text at 832-896-6288 or by email at firstname.lastname@example.org.