CBP seizes counterfeit Air Pods and Apple watches.

Seized counterfeit Apple watches, source: CBP.gov

U.S. Customs and Border Protection Officers in Chicago inspected and seized seven boxes from Hong Kong containing 423 smart watches and 200 earphones. With suspected intellectual property seizures, CBP will send photos or samples of the items to the Electronics Center of Excellence and Expertise (Electronics CEE). The CEE will then verify with the property rights holder if the importer was authorized to use the word mark. 100% of the time the property rights holder will reply the importer of record is not authorized to import the goods and the entire shipment will be seized.

In addition to registering the “Apple”, “iPhone” with Customs, companies can also protect the shape, design, form and function of the items. For example, the photo above shows the same shape and design of an Apple Watch. CBP estimates the value of the shipment, if authentic would be approximately $204,168.

What happens after a seizure?
If you are an importer, after a seizure, CBP will send you a “Notice of Seizure”. You will then have 30 days to respond to the Notice of Seizure, if you do not – then Customs will begin forfeiture of your goods.

Contact David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com if you have received a seizure notice to discuss your options.

Get a refund of your List 3 and List 4A duties paid.

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Photo by John Guccione http://www.advergroup.com on Pexels.com

A recent lawsuit filed in Federal court will address the question whether President Trump and his Administration lawfully imposed additional “trade war” duties on certain goods imported from China. The lawsuit alleges the goods included on “List 3” and “List 4A” were unlawfully enacted – and as such, importers who paid for the List 3 and 4A duties are entitled to a refund of duties paid with interest.

More specifically, the case of HMTX Industries LLC, et. al., v. US will determine whether the US did not comply with the applicable law when implementing the List 3 and List 4A duties on certain imports from China.

Importers who wish to preserve their opportunity to receive future refunds must act quickly to file their own “piggyback” actions in the CIT, as the lawsuit alleges a 2 year limitations period expiring Monday, September 21, 2020.

David Hsu and the trade law firm of Givens & Johnston stand ready to immediate file both CIT actions and CBP protests. To get the process started, contact David Hsu directly by phone/text to 832-896-6288 or by email at attorney.dave@yahoo.com,

Counterfeit championship sports rings seized.

Seized counterfeit rings.

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 attorney.dave@yahoo.com.

Invasive snails seized from arriving cargo.

Image of invasive snails, source: CBP.gov

U.S. Customs and Border Protection agriculture specialists at the Houston Seaport discovered snails known as: Xeropicta krynickii and Monacha cf. syriaca. The snails are an invasive species of pests that can damage crops and are likely to harm US food and natural resources.

The vessel arrived from Israel and CBP found the snails on the interior and exterior of military vehicles being transported within the vessel. Amazing work by Customs agriculture specialists as these snails are only millimeters long and can hide in small crevices for long periods of time.

If your vessel is being detained by CBP for containing invasive pests, contact David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com immediately to start discussing your options.

$115k counterfeit luxury goods seized by Customs.

Image of counterfeit goods, source: CBP.gov

U.S. Customs and Border Protection (CBP) officers in Kentucky seized a shipment of counterfeit goods valued at more than $115,000. The shipment contained counterfeit goods from brands such as Louis Vuitton, Gucci, Chanel, Tory Burch, Tiffany and Michael Kors.

Besides counterfeit goods, the shipments also contained counterfeit make-up, electronics and shoes. The shipment from Hong Kong was destined for an address in Texas.

If your goods have been detained or seized by Customs, contact David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com.

Counterfeit shoes seized in LAX.

Counterfeit Nike, source: CBP.gov

Another day, another seizure by U.S. Customs and Border Protection (CBP) officers in LAX. The counterfeit shoes were from Hong Kong and labeled as “plastic ornaments”. Upon further examination, CBP officers found and seized 1,755 pairs of shoes with the Nike and Adidas branding.

Image of seized “Nike Air” shoes, source: cbp.gov

Customs then worked with import specialists at the Apparel, Footwear & Textiles Center of Excellence and Expertise (Apparel Center) to verify authenticity. As 100% of the time that occurs – the shoes were determined to be counterfeit and seized by Customs. CBP valued the seizure, if authentic, at $207,000.

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

Image of counterfeit Adidas – source: CBP.gov

Detention order on seafood harvested with forced labor.

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Photo by Tom Fisk on Pexels.com

As of yesterday (August 18th), at all of the over 450 U.S. ports of entry, U.S. Customs and Border Protection (CBP) will detain any seafood harvested by the vessel named “Da Wang”, a Vanuatu-flagged, Taiwan-owned water fishing vessel.

CBP’s Office of Trade (OT) issued the Withhold Release Order (WRO) against the Da Wang due to reasonable indications they used forced labor, physical violence, debt bondage, withholding of wages, and abusive working conditions.

If you believe part of your supply chain will be impacted by this WRO, or any of the other pending WRO’s – contact David Hsu by phone or text anytime at 832-896-6288 or by email at attorney.dave@yahoo.com.

Federal statute 19 U.S.C. §1307 prohibits the importation of merchandise mined, manufactured, or produced, wholly or in part, by forced labor, including convict labor, forced child labor, and indentured labor. This WRO will require detention of seafood harvested by the Da Wang at all U.S. ports of entry. Importers of detained shipments will have an opportunity to export their shipments or submit proof to CBP that the merchandise was not produced with forced labor.

This is the twelfth WRO that CBP has issued since September 2019, and the second against a fishing vessel. All WROs are publically available and listed by country on the CBP’s Forced Labor Withhold Release Orders and Findings page. The Forced Labor Division, established in 2017 within the CBP Office of Trade, leads enforcement of the prohibition on the importation of goods made from forced labor.

CBP is committed to identifying and preventing products made by forced labor from entering the United States to maintain a level playing field for U.S. domestic industry. CBP receives allegations of forced labor from a variety of sources, including from the general public. Any person or organization that has reason to believe merchandise produced with the use of forced labor is being, or likely to be, imported into the U.S. can report detailed allegations by contacting CBP through the e-Allegations Online Trade Violation Reporting System or by calling 1-800-BE-ALERT.

Follow CBP Office of Trade on Twitter @CBPTradeGov.

Counterfeit fireplaces seized by Customs.

Counterfeit fireplace; source: CBP.gov

In late July, U.S. Customs and Border Protection (CBP) in Minnesota inspected a rail container for Seattle and seized 15,015 fireplaces for violating intellectual property rights (IPR). CBP estimates the value of the seizure of $523,784 if the fireplaces were genuine.

CBP did not specify which brand of fireplaces were copied and the image supplied by CBP (above) does not specify the name brand.

If you have had your goods seized by CBP, there may be some options available – contact David Hsu by phone/text anytime at 832-896-6288 or by email at attorney.dave@yahoo.com.

CBP issues detention order on clothing made from prison labor.

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Photo by Andrea Piacquadio on Pexels.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 attorney.dave@yahoo.com. Our office may be able to

More counterfeit seizures – “Dior X Air Jordan 1”.

Image of seized shoes, source: CBP.gov

Another busy day for U.S. Customs and Border Protection (CBP) officers working in Dallas where they seized a shipment of counterfeit footwear (Nike basketball shoes) that are reported by CBP to retail for $2,000 per pair. Customs described the shoes as the “Dior X Air Jordan 1” shoes ultimately destined for Mexico. Besides Nike, the shipment also contained shoes featuring registered trademarks by Adidas.

The entire shipment contained over 1,800 pairs of shoes in 60 boxes from Hong Kong and labeled as “Ball Golf”. CBP estimates the seizure is valued at over $4.3 million dollars.

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