Man pleads guilty in multi-million dollar counterfeit cellphone scheme.

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According to CBS 2 news in Boise, Idaho – a man in Boise pleased guilty to trafficking in counterfeit cellphones and accessories. Artur Pupko, age 28, pleaded guilty to selling counterfeit cellphones and cellphone accessories on Amazon and eBay.
According to court documents, Pupko would buy bulk products from China, then repackage the products and claiming them as new and genuine. Pupko may face up to 10 years in prison and a $5 million dollar fine. Sentencing will occur on December 17, 2019.
If you have had your goods seized by Customs and are facing criminal or civil penalties, contact experienced seizure attorney David Hsu by text/call at 832-896-6288 or by email at attorney.dave@yahoo.com, dh@gjatradelaw.com.

Huawei 5G technology coming to the US?

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As Huawei is on the US Commerce Department’s Entity List, Huawei is prevented from doing business with US companies without permission (ie without a license from BIS).
However, media outlets report that Huawei is discussing licensing of their 5G technology to unnamed American companies who have shown interest in long term and one-time transfers. Even a license to an American company may be a violation even if no goods exchange hands.
The Huawei inclusion on the entity list is part of an effort to prevent suspected Chinese government surveillance onto their communications equipment.
If you or your company is interested in doing any business with Huawei – contact experienced BIS/trade compliance attorney David Hsu by text/phone at 832-896-6288 or by email at attorney.dave@yahoo.com, dh@gjatradelaw.com.

Huawei admits they are impacted by US blacklist.

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According to a recent Forbes article, Huawei has confirmed the U.S. blacklist in place since May is impacting their ability to offer Google software onto their mobile phones. The Forbes article also says Huawei has not finished their in house operating system.
The black list that took effect in May restricts Huawei from access to the US supply chain for software and hardware. While Huawei has been able to source non US goods for the hardware, they have not been able to replace Google’s Android software.
While our blog earlier indicated Huawei would be launching their own in-house operating system, it is not yet ready for smart phones. Huawei has launched their Harmony OS, but that software is limited to smart TVs.
While not mentioned in the article, without Google’s Play Store, Huawei users will likely have to download APK files from online if they want to install their aps onto a new Huawei phone.
Things for Huawei will also get worse next month – this November marks the expiration of a temporary exemption on certain suppliers.
If you  have any questions how your company may be impacted by the trade restrictions with Huawei, contact experienced export compliance attorney David Hsu by text/phone at 832-896-6288 or by email at attorney.dave@yahoo.com, dh@gjatradelaw.com.

CBP intercepts destructive long-horned beetles.

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Spondylindinae (Cerambycidae) larvae, source: CBP.gov

According to a CBP media release, CBP Officers in Baltimore intercepted the long-horned beetle larvae species known as Spondylidinae (Cerambycidae). According to Customs, the Long-horned beetle larvae are voracious wood borers that can cause extensive damage to living trees or untreated lumber.
After discovering the larvae, CBP issued an EAN (Emergency Action Notification) requiring the importer to re-export the shipment. Additionally from our experience, CBP will also issue a civil penalty for non-compliant wood packaging material.
This seizure in Baltimore is just a typical day for CBP, where CBP agriculture specialists across the nation seize approximately 4,552 prohibited plant, meat, animal byproduct, and soil, and intercepted 319 insect pests at U.S. ports of entry per day.
If you have had a wood packaging material penalty notice, or have received an Emergency Action Notification, contact experienced customs attorney David Hsu at 832-896-6288 or by  email at attorney.dave@yahoo.com, dh@gjatradelaw.com.

CBP Agriculture Specialists in Texas find first discovery of pest in the US.

Dysschema mariamne_dorsal, courtesy CBP Hidalgo

Dysschema mariamne Warren (Erebidae), source: CBP

According to a U.S. Customs and Border Protection (CBP) media release, agriculture specialists at the Pharr, Texas Port of Entry discovered a rare pest, a first in nation discovery, in a shipment of prickly pear pads.

Specifically, CBP agents found the Dysschema mariamne Warren (Erebidae), a first in nation pest.

The Erebidae was discovered upon an inspection of shipment of pear pads from Mexico. After it was discovered, the U.S. Department of Agriculture entomology laboratory was consulted and the initial identification was later confirmed by a national specialist as Dysschema mariamne Warren (Erebidae). According to USDA entomologists, this pest has never been found at any of the nation’s ports of entry. CBP refused entry to the shipment and returned it back to Mexico.

If you have had a shipment detained by Customs for containing invasive species, or have had a shipment detained due to pests found in wood packaging materials – contact experienced customs seizure and detention attorney David Hsu at 832-896-6288 or by email at attorney.dave@yahoo.com, dh@gjatradelaw.com.

US and Japan reach trade deal.

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Last week, President Trump and his counterpart Prime Minister Abe of Japan reached a trade deal to cut tariffs and increase trade between the two nations.

Part of the deal includes Japan agreeing to reduce or cancel tariffs on American agricultural exports such as beef, corn, pork and fruit – with the US agreeing to reduce tariffs on bicycles, flowers, tea and other industrial products.

At the same time, the agreement prohibits future tariffs on streaming videos, music and video games.

If you have any questions about how the new trade deal with Japan will impact your business, contact experienced trade attorney David Hsu at 832-896-6288 or by email at attorney.dave@yahoo.com, dh@gjatradelaw.com.

5,200 counterfeit refrigerator water filters seized.

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Image of seized water filters, source: CBP.gov

According to a U.S. Customs and Border Protection (CBP), CBP officers at LA/Long Beach port seized 5,202 counterfeit refrigerator water filters that if genuine would have an estimated manufacturer’s suggested retail price (MSRP) of $224,202.

The counterfeit filters contained trademarks registered by Brita, GE, Frigidaire, PUR and NSF Certification. As you are aware, trademark owners can register their trademark and CBP will seize infringing use of such trademarks.

The filters were shipped from China and were to be delivered to an address in Washington.

If you or anyone you know has had a shipment seized for suspected infringement of trademarks, contact experienced seizure attorney David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com, dh@gjatradelaw.com.

Fake NBA championship rings worth $560,000 seized by Customs.

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Image of counterfeit NBA rings, source: cbp.gov

According to a U.S. Customs and Border Protection (CBP) media release – officers assigned at Los Angeles International Airport (LAX) seized 28 counterfeit NBA rings with a manufacturer’s suggested retail price (MSRP) of $560,000.

According to the media release, the rings were shipped from China and packaged in a wooden box to be sold as a collection of championship rings from multiple teams – including the Cavaliers, Lakers, Bulls, etc.

When CBP suspects items are counterfeit, they will take photos or send samples to the  Consumer Products and Mass Merchandising Center of Excellence (CPMM Center) for a final determination regarding the authenticity of the items. If they are determined to be counterfeit, CBP will seize the goods and issue a seizure notice to the importer of record (in this instance, it is a not a formal entry – so the notice would be shipped to the person receiving the goods).

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

Newest Huawei P30 smartphone ships with Google Android 10.

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Photo by Tyler Lastovich on Pexels.com

Despite a current ban on US companies from supplying technology to Huawei, the new P30 Pro features a 6.47 inch display, 4 cameras and Google’s  Android 10 (Android 9 “Pie”was the last Android version to be released with a name associated with a confectionary food).
While Google was exempt from export restrictions imposed against Huawei and the supplying of software for new products. Future Huawei smartphones such as the 5G Mate 30 Pro may include the Huawei developed Harmony OS.
If your company does business with Huawei and you want to be sure you are in compliance, contact experienced trade attorney David Hsu at 832-896-6288 or by email at attorney.dave@yahoo.com, dh@gjatradelaw.com.

Trump delays List 4 tariffs until December 14th.

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The Trump administration has postponed the levying of 10% tariffs on List 4 goods covering $300 billion in imports from China until December 15th. The initial date of September 1st was postponed after reports of a phone call with Beijing.

A new round of trade talks will be held in September after this month’s talks did not result in a trade deal.

There is still time to lower your import risk, if you would like solutions to lowering the duties you need to pay, contact experienced trade attorney David Hsu at 832-896-6288 or by email at attorney.dave@yahoo.com, dh@gjatradelaw.com.