$450,000 worth of vaping pens from HK seized by US Customs.

Image of seized dragster pens, source: CBP.gov

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 attorney.dave@yahoo.com.

That stinks! Customs seizes counterfeit perfume.

crop sensual woman spraying perfume
Photo by Alina Vilchenko on Pexels.com

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 attorney.dave@yahoo.com.

Currency hidden in sanitary napkins seized by Customs.

Seized currency contained inside sanitary pad packaging – source: CBP.gov

According to a U.S. Customs and Border Protection (CBP) media release, CBP officers at Detroit Metropolitan Airport seized over $60,000 from a female traveler heading to Amsterdam in early February. According to the release, the traveler was stopped by CBP officers who conducted an outbound examination. During examination, the traveler indicated she only had $1,000, but during a subsequent inspection CBP officers found bundles of cash inside envelopes, further hidden inside packaging used for containing sanitary napkins (see photo above from the CBP media release).

CBP officers seized the currency for violating currency reporting requirements – which require all travelers leaving and entering the US to declare currency over $10,000.

If you are traveling – be sure to report any amounts over $10,000 – which includes foreign currency, foreign coins, traveler’s checks, money orders, negotiable instruments or investment securities in bearer form – if you aren’t sure – give me a call – 832-896-6288.

The media release did not say whether a portion of the $60,000 was returned to the traveler for humanitarian reasons – so my guess is Customs kept the entire sum.

If you have had your hard-earned cash seized by Customs, contact David Hsu immediately – your time may be running out. Call/text 832-896-6288 or email at attorney.dave@yahoo.com.

Import drug paraphernalia only if you want to get it seized.

Image of dabbers, source: CBP.gov

I get monthly calls from importers who had their shipment seized as drug paraphernalia. In general, anything that is used to produce, conceal and consume illicit drugs is considered drug paraphernalia.

In late December, U.S. Customs and Border Protection (CBP) officers in Chicago seized shipments of packages that contained dabbers and quartz banger nails. These are considered paraphernalia as they can be used to vaporize cannabis on a bong.

Importers of drug paraphernalia could be subject to fines and imprisonment. If you have had your drug paraphernalia shipment seized, contact David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com.

New Withhold Release Order for Seafood Harvested with Forced Labor

person throwing fish net while standing on boat
Photo by Quang Nguyen Vinh on Pexels.com

Effective today, US Customs and Border Protection (CBP) will detain at all US ports – tuna and other seafood harvested from the “Lien Yi Hsing Number 12”. The vessel is Taiwanese flagged and owned distant water fishing vessel due to reasonable information that indicates the use of forced labor – including but not limited to deception, withholding of wages and debt bondage.

As you are aware, 19 USC 1307 bans the importation of goods that have been mined, manufactured, produced in whole or in part by convict labor, forced labor and or indentured labor. If importers have goods from the Lien Yi Hsing vessel, CBP does allow the detained shipments to be exported or in the alternative, allow importers prove the merchandise was not produced using forced labor.

If you have any questions about this or any other withhold release order, or want to ensure you are in compliance with 19 USC 1307, or if you believe a company benefits from the use of forced labor, contact David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com, dh@gjatradelaw.com.

Drug paraphernalia seized by CBP in Chicago.

“Seahorse” vape kits seized by CBP, source: CBP.gov

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 attorney.dave@yahoo.com.

San Ysidro CBP officers seize $1 million in currency bound for Mexico.

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Photo by John Guccione http://www.advergroup.com on Pexels.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 attorney.dave@yahoo.com for immediate help. You typically only have 30 days to respond to a currency seizure.

$1.3 million of counterfeit currency seized in Chicago.

Image of seized currency, source: CBP.gov

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 attorney.dave@yahoo.com.

Operation Mega Flex – $8 million in counterfeit watches seized.

Counterfeit watches, sources: CBP.gov

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 attorney.dave@yahoo.com.

Unregulated tire rims from Thailand seized.

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.

Image of non NHTSA-approved rims, source: CBP.gov

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 attorney.dave@yahoo.com to discuss your options.