Category Archives: Customs

$5.5 million in fake Gucci, Instagram and Facebook clothing seized.

August 7, 2020 By in Attorney, CPSC, Import Export Attorney, IPR, Uncategorized Tags: , , , , , , , , , Leave a comment
Seized goods, source: CBP.gov

Earlier this past July, U.S. Customs and Border Protection (CBP) officers at one of our great nation’s biggest seaport of Los Angeles / Long Beach seized a large shipment of women’s sleepwear containing counterfeit brands such as Gucci, Facebook and Instagram.

2020 is a weird year indeed when we consider Facebook and Instagram to be a luxury brand. If authentic the 16,340 items of seized counterfeit pajamas (called “sleeping dresses”) would be worth an approximate retail value of $5.5 million.

CBP reported the counterfeit goods were concealed inside generic non-branded pajamas which CBP believes was intentionally packaged to avoid detection.

Author’s note – yes, in general if you pack counterfeit goods underneath unbranded goods, or try to conceal a counterfeit logo (such as using black tape to cover a logo), CBP will assume you are aware of the nature of the goods and are attempting to smuggle them into the US in violation of 19 USC 1595a (c)(1)(A), in other words merchandise that “is stolen, smuggled, or clandestinely imported or introduced“.

In addition to violating intellectual property rights of the trademark holder, CBP also claims counterfeit goods may not be in compliance with the U.S. Consumer Product Safety Commission (CPSC) requirements for flammability standards of sleepwear.

If you have had your shipment seized for alleged counterfeit violations or seized for alleged violations of CPSC consumer guidelines – contact seizure attorney David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com.

Kratom contaminated with salmonella seized by CBP.

June 28, 2020 By in Attorney, Customs Lawyer, FDA, Mitragyna speciosa, seizure notice Tags: , , , , , , , Leave a comment
Image of kratom powder, source: CBP.gov

According to a U.S. Customs and Border Protection’s (CBP) media release, CBP officers in Detroit seized more than a half ton of “salmonella-laced Kratom” at the Fort Street Cargo Facility.

Author’s comment: the original headline was “CBP Seizes Half Ton of Salmonella-Laced Kratom“. Not sure why they used the word “laced” in the headline as lacing something is typically used to mean adding an ingredient to bulk up a drug. I am unsure how a kratom exporter can “lace” kratom with salmonella on purpose or if there would be a benefit to doing so. Additionally, the use of the word “lace” to describe kratom may also be an effort to associate kratom as dangerous as other illegal drugs that are frequently laced such as crack, heroin, PCP, etc.

The media release reports 1,200 pounds of contaminated powder (valued according to CBP at $405,000) was selected for further inspection due to an unusual description and classification discrepancies.

CBP said the kratom “which originated from China, were manifested as botanical soils from Canada, though Officers and specialists believed it to be consistent in appearance to bulk green tea”.

Author’s comment: this is the first time I have heard of kratom from China, maybe it was transhipped from Indonesia? CBP did not indicate the “classification discrepancy” or point out what HTSUS code was used to enter the kratom.

CBP took a sample of the power and sent it to the Food and Drug Administration for lab tests – which confirmed the shipment was kratom but also saw it was contaminated with salmonella. As a result, CBP seized the shipment “due to significant risk to public health and safety”.

Author’s comment: CBP does not specify the import alert on kratom as the basis for seizure. I have not seen the seizure notice (it will only be sent to the importer of record), but it was likely seized for not being described as kratom on the shipping documents.

In the last paragraph of the CBP media release, they write:

Kratom is a tropical tree native to Southeast Asia, and its leaves are often ingested in the form of tea. Depending on dosage, Kratom can produce both stimulant and sedative effects. Kratom is not a scheduled substance under the Controlled Substances Act, though the Drug Enforcement Administration currently lists it as a Drug or Chemical of Concern.

It is interesting they do not mention the 2016 import alert regarding kratom. If you have had your shipment of kratom (mitragyna speciosa) seized by CBP, contact David Hsu, 24/7 by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com.

Over 10,000 assault weapons parts seized by Customs.

June 26, 2020 By in ATF, firerams, Import Tags: , , , , , Leave a comment
Image of seized parts, source: CBP.gov

According to a U.S. Customs and Border Protection (CBP) media release, CBP officers seized a shipment from China containing over 10,000 assault weapons parts being smuggled into the country. The shipment from Shenzhen, China was to be sent to a home in Florida and valued at approximately $129,600.

According to the media release, the packing list listed the items as “100 Steel Pin Samples”. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) regulates and restricts firearms and ammunition and importers of any firearms, ammunition or parts must be a licensed importer, dealer or manufacturer.

If you would like to be a licensed importer with ATF, contact David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com.

San Juan CBP seizes counterfeit luxury products worth $265,000.

June 10, 2020 By in Attorney, Import Export Attorney, U.S. Customs and Border Protection Tags: , , , , , Leave a comment
Image of seized Rolex watches, source: CBP.gov

U.S. Customs and Border Protection (CBP) agents in San Juan seized counterfeit watches and jewelry from a shipment from Hong Kong. If genuine, the value of the counterfeit products would total approximately $256,000. The above image from Customs shows a display of the fake Rolex brand watches seized.

If you have had your goods seized by Customs, you may face both criminal and civil penalties. Contact David Hsu by phone/text at 832-896-6288 to discuss your options – feel free to also send us an email at attorney.dave@yahoo.com.

CBP intercepts termites from entering the US.

June 6, 2020 By in fumigation, invasive species, pest, pests, USDA Tags: , , , , , , , , Leave a comment
Image of lumber from Cameroon, source: CBP.gov

According to a U.S. Customs and Border Protection (CBP) media release, CBP officers intercepted a shipment of lumber from Cameroon containing termites. The pests were found around the stacks of lumber for entry into the US. When CBP finds invasive pests or larvae of potentially invasive species, a sample is collected and submitted to the U.S. Department of Agriculture (USDA) for further analysis and confirmation.

The container with the lumber was sealed and secured while USDA evaluates the sample pest, ultimately determining the termites as Kalotermitidae species, or commonly known as the dry worm termites. These termites are known to damage timber used as a structure and hardwood floors in the home.

If you have your shipment seized by Customs due to the presence of an invasive species -whether the wood-boring wasp or a dry worm termite – contact David Hsu immediately to discuss your options. Depending on the type of pest, there may be some cost effective options instead of re-exporting back to the origination. Call/text anytime to 832-896-6288 or email David at attorney.dave@yahoo.com, dh@gjatradelaw.com.

Image of termite, source: CBP.gov

Tobacco from Malawi’s Alliance One International no longer subject to withhold release order.

June 4, 2020 By in Malawi, WRO Tags: , , , , , Leave a comment
Photo by Pixabay on Pexels.com

Earlier today, U.S. Customs and Border Protection (CBP) changed a withhold release order (WRO) to allow tobacco from Malawi’s Alliance One International, LLC.

What is a withhold release order (WRO)?
A WRO is used by CBP to prevent the importation of goods from companies with a reasonable suspicion of being produced using forced labor.

How do you cancel a WRO?
CBP will require an audit of the company to cancel a WRO. In the instant article, Alliance One International’s social compliance program was likely evaluated and found by Customs to minimize the risks of forced labor from the supply chain. Alliance One likely had to demonstrate to CBP the the tobacco produced and harvested from their farms does not use forced labor.

Does this impact the other tobacco growers on Malawi?
No, the WRO will continue to apply to imports of tobacco from Malawi by any other company that has not demonstrated to CBP there is no forced labor in its supply chain.

Can you tell me more about a WRO?
The WRO was born out of Federal statute 19 U.S.C. 1307. This statute prohibits importation of merchandise mined, manufactured or produced, wholly or in part, by forced labor, including convict labor, forced child labor and indentured labor.

If you are an exporter subject to a WRO, and would like the WRO to be removed, contact attorney David Hsu by phone/text anytime at 832-896-6288 or by email at attorney.dave@yahoo.com.

Follow CBP Office of Trade on Twitter @CBPTradeGov.

Counterfeit purses, headphones, sunglasses and even coolers seized by Customs.

June 4, 2020 By in Uncategorized Tags: , , , , , , , , Leave a comment
Seized “Gucci” sunglasses, source: CBP.gov

U.S. Customs and Border Protection officers in Dallas Fort Worth International Airport seized counterfeit purses, headphones, sunglasses and Yeti collers valued at over $108,000 if authentic. This seized shipment originated from Hong Kong – where 9 out of 10 seizure cases reported by Customs indicate as the source of the counterfeit goods. I believe the tech goods are likely made across the border in Shenzhen and the fashion items are also made cheaply across the border in Guangzhou.

The exact counterfeit items included Tiffany & Company rings, six Louis Vuitton handbags, seven pairs of Chanel and Guicci sunglasses, Beats headphones, seven Apple AirPod Pros and two Yeti coolers.

My guess is the Yeti coolers are made by one of the vendors on Aliexpress that sells same or similar type coolers, not sure why they would risk a seizure by using the Yeti name.

CBP officers intercepted a shipment and after reviewing the information in the shipping documents, selected it for examination. During the examination, officers discovered three Tiffany & Co rings, six Louis Vuitton handbags, seven pairs of Chanel and Gucci sunglasses, Powerbeats Beats by Dre headphones, seven Apple AirPod Pros and two Yeti coolers.

In general, seized goods suspected of being counterfeit will have samples sent to the CBP’s Consumer Products and Mass Merchandising Center of Excellence and Expertise’s import specialists to determine their authenticity. At this CEE, the staff will examine the goods and discuss the items with the trademark owners. After examining the goods, import specialists determined the goods were counterfeit and seized the shipment.

If you receive a Notice of Seizure from Customs, you have 30 days to respond. Contact David Hsu for all your customs seizure needs at 832-896-6288, or by email at attorney.dave@yahoo.com.

Counterfeit Super Bowl rings seized by CBP.

June 4, 2020 By in Super Bowl Tags: , , , , , Leave a comment
Image of counterfeit rings, source: CBP.gov

U.S. Customs and Border Protection (CBP) Officers in Kentucky seized over 150 counterfeit Super Bowl championship rings arriving from China. It wasn’t mentioned in the article, but the seizure in Kentucky means it was likely shipped by DHL.

The shipment contained rings from various professional sports organizations such as the NFL, NBA, MLB and NHL. If authentic, the rings would have an MSRP of $43,450. As the rings likely were not licnsed by the team or organization, they were seized for Intellectual Property Rights (IPR) violations.

For suspected counterfeit goods, CBP will send an image to the property right holder – if the rights holder says the goods are not authentic, then Customs will seize the goods.

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

Invasive and destructive beetle larvae seized by Customs.

June 4, 2020 By in fumigation, invasive species, pests, USDA, wood packaging material, wood wasps, wooden packaging materials Tags: , , , , , , , , Leave a comment
Image of the intercepted khapra beetle larvae, source: CBP.gov

According to a US Customs media release, U.S. Customs and Border Protection (CBP) agriculture specialists intercepted beetle larvae found on a shipment of welding wire from China. The larvae were sent to the US Department of Agriculture for testing and identification and identified as Trogoderma granarium Everts or the commonly known Khapra beetle. As a result of identification, the shipment was sealed to prevent potential contamination with other shipments.

According to CBP, Khapra beetles are dangerous pests that pose a risk to grain and other stored seeds. The Khapra beetle is usually located in burlap bags, corrugated carboard boxes and animal hides. Originally from India, Khapra beetles are found in shipments from Africa, the Middle East, Eastern Asia and some parts of Europe.

If you have received a notice of action or if Customs has found a pest in your import – time is of the essence – contact attorney David Hsu for immediate assistance – phone/text anytime at 832-896-6288 or by email at attorney.dave@yahoo.com.

Imported drones seized by Customs for not meeting FAA labeling requirements.

June 4, 2020 By in Drone, FAA, Import Tags: , , , , , , Leave a comment
Image of seized drones, source: CBP.gov

Yesterday, U.S. Customs and Border Protection (CBP) offiecers in Detroit seized over 4,600 remote controlled helicopter drones from China (see image of seized drones). The value of the drones is approximately $69,000 even though they were declared at $7,000.

The Customs media release did not specify the deficiencies in the labeling – however, since February 2019, the FCC has required all drones to display a registration number among other requirements.

If you are a toy or hobby importer and import drones and want to ensure your imports are compliant with FAA or Consumer Product Safety Commission guidelines, contact import compliance attorney David Hsu by phone/text anytime 24/7 at 832-896-6288 or by email at attorney.dave@yahoo.com.