Category Archives: Import Export Attorney

Bill introduced to ban government employees from using Huawei, ZTE products.

May 2, 2020 By in compliance, Export, Export Administration Regulations, Huawei, Import Export Attorney, trade compliance, Uncategorized Tags: , , , , , , , Leave a comment
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Senators Ted Cruz and Josh Hawley will introduce a bill banning US officials from using projects from Chinese companies that have been deemed to be national security threats. In the past, Chinese companies such as Huawei and ZTE have been deemed to be national security threats.

The proposed legislation is named the “Countering Chinese Attempts at Snooping Act” and would prohibit federal employees from conducting official business through technology from companies deemed by the State Department to be under the control of the Chinese government.

If passed, the bill would also require the State Department to create a list of companies supported by the Chinese company that could pose a threat and be used to conduct espionage.

This proposed legislation comes one month after President Trump signed into law legislation that barred the use of federal funds to purchase equipment from Huawei and ZTE.

If you have any questions about export compliance or think it’s time to revisit your compliance program, contact experienced compliance attorney David Hsu for a no-cost consultation by/phone or text at 832-896-6288 or by email at attorney.dave@yahoo.com.

New rules on exports to China, effective June 29, 2020.

April 28, 2020 By in EAR, Export, Export Administration Regulations, Import Export Attorney, Uncategorized Tags: , , , Leave a comment
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Yesterday, the Federal Register published new guidelines by the Bureau of Industry and Security governing the export, reexport and transfer of goods to the People’s Republic of China (PRC).

The Bureau of Industry and Security (BIS) is amending the Export Administration Regulations (EAR) to expand license requirements on exports, reexports, and transfers (in-country) of items intended for military end use or military end users in the People’s Republic of China (China).

The first major change will require U.S. companies to obtain a license before selling certain items in China that can support the military, even if the products are for civilian use. Previously, a loophole allowed an exception for civilian technology to be exported with a license.

The new regulations will impact several industries in the US, such as the semiconductor industry.

The second major change will require U.S. companies to file declarations for all exports to China, regardless of value.

A third proposed rule change will require foreign companies shipping American goods to China to seek approval from the US prior to export.

There will be a brief comment period to collect information on the proposed changes.

If you would like to submit a comment, or if you would like an evaluation of your company’s export (and import) compliance program, or have any trade questions – contact experienced trade law attorney David Hsu by phone/text at anytime: 832-896-6288 or by email at attorney.dave@yahoo.com

Corona virus’ January and February impact on trade.

April 26, 2020 By in corona virus, Export, Import, Import Export Attorney, international trade, trade law, Uncategorized Tags: , , , , , , Leave a comment
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According to the Financial Times, global trade dropped 2.6 percent in February compared to the same time in 2019. This February drop also follows a 1.5 percent drop from January 2020. Specifically, China had a 7.3 percent fall in imports in January 2020 due to parts of the country shutting down in response to the Corona virus. For February, China had another 3.2 percent drop for the month.

The US did not show any impact in trade volume while the EU trade volume dropped 1.5 percent for February 2020. Will be interesting to see March and April numbers when reported.

General importing/exporting questions? Contact experienced trade attorney David Hsu by phone/email at: attorney.dave@yahoo.com.

Port Laredo #1 in two-way trade.

April 25, 2020 By in Export, Import, Import Export Attorney, Laredo, Uncategorized Tags: , , , , , , , Leave a comment
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Photo by Yigithan Bal on Pexels.com

They say everything is bigger in Texas and Port Laredo is no exception.

According to census data analysis by WorldCity, for the second time in a year, Port Laredo has occupied the number 1 spot out of 450 international gateways, with a recorded 18.6 billion in two-way trade for the month of February. At the number 2 spot for recorded trade of $17.2 billion, the Port of Los Angeles. Port Laredo also surpassed the Port of Los Angeles in March 2918.

World City attributed LA’s second place ranking to the US-China trade war and corona virus pandemic impacting LA and the state of California.

Port Laredo is located in South Texas along the U.S. Mexico border and includes four vehicle bridges, international rail bridge and an international airport. World City expects Port Laredo to continue holding the lead as the Port of Los Angeles seaport will be impacted by the corona virus and ongoing trade war.

Questions about importing/exporting? Contact experienced trade law attorney David Hsu by phone/text at 832-896-6288 for a no cost or obligation consultation. Email attorney.dave@yahoo.com.

90-day suspension of tariff payments.

April 24, 2020 By in Import, Import Export Attorney, Uncategorized Tags: , , , , , , , Leave a comment
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Photo by Frans Van Heerden on Pexels.com

Last Sunday, the Treasury Department and U.S. Customs and Border Protection announced a rule delaying payment of tariffs on certain goods coming into the US for 90 days. The announcement indicated the U.S. importer seeking a 90-day delay must “demonstrate a significant financial hardship” and also must have work operations that are “fully or partially suspended during March or April 2020 due to orders from a competent governmental authority limiting commerce, travel, or group meetings.”

While providing some relief to importers, the announcement was not a complete tariff delay for all imports as was sought by retailers. Other noticeable exceptions to the 90-day delay included steel and aluminum imports from China along with antidumping and countervailing duties.

If you are interested in seeing if your company is able to defer duty payments, contact experienced trade attorney David Hsu by phone/text anytime to 832-896-6288 or by email at attorney.dave@yahoo.com.

CBP seizes counterfeit 3M masks.

April 23, 2020 By in Attorney, Import Export Attorney, Uncategorized Tags: , , , , , , , , Leave a comment
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Image of seized “3M” masks, source: CBP.gov

U.S. Customs and Border Protection (CBP) Officers in Cincinnati examined a package from China with its contents manifested as “mask” on April 3rd. Upon examination, CBP officers discovered 2,000 counterfeit masks branded as 3M. If authentic, the value of the masks would have been approximately $7,000. The package was destined to an individual residence in Austin, Texas.
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If CBP seizes your goods for violating intellectual property rights, such as importing facemasks using the “3M” mark, you will receive a Notice of Seizure or Seizure Notice in the mail. The notice will be sent by certified mail, return receipt requested (CMRRR) and will be sent to the address on the package or the listed importer of record.
From 30 days of the date of notice (and not the day you receive it), you will need to file a response. The options are: forfeit the items, offer in compromise, refer to court or file a seiure petition.
What if you do nothing? Then after 30 days, CBP will begin forfeiture of the seized goods – ie, CBP will take and destroy the items.
And then? Then you (importer of record) may receive a civil penalty notice (ie, a fine) for importing goods that violate a trademark registered with Customs.
If you have had your shipment seized by Customs, contact David Hsu by phone/text anytime at 832.896.6288 or by email at attorney.dave@yahoo.com.

COVID-19 victim? Huawei dropped as UK 5G vendor.

April 21, 2020 By in 5G, Export, Huawei, Import Export Attorney, UK, Uncategorized Tags: , , , , , Leave a comment
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One fallout of the COVID-19 pandemic is the United Kingdom’s recent decision to move away from China-based Huawei as the company to help build the UK’s 5G infrastructure. Last year, Prime Minister Boris Johnson (who is currently recovering from COVID-19) gave Huawei the lead in building the UK’s 5G infrastructure.

UK lawmaker Tom Tugendhat, the Conservative Party’s chairman of the House of Commons Foreign Affairs Committee, is quoted as saying: “It’s a shared realization of what it means for dependence on a business that is part of a state that does not share our values,” Tugendhat said.

This is likely welcome news to the US which was very critical of Johnson’s decision last year to go with Huawei – raising concerns by the US that China could use Huawei technology to collect intelligence.

The US viewed Johnson’s decision on Huawei as a major blow to the “five eyes” electronic surveillance alliance among the US, the UK, Canada, Australia and New Zealand. US officials fear China could use Huawei to collect intelligence.

If you or your company does business with Huawei, and you  have concerns about your export compliance, contact experienced import/export compliance attorney David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com.

CBP seizes non-FDA compliant thermometers.

April 21, 2020 By in corona virus, FDA, Import, Import Export Attorney, Uncategorized Tags: , , , , , , Leave a comment
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According to a U.S. Customs and Border Protection media release, CBP officers in El Paso’s Bridge of the America’s facility seized a shipment of “pyrometers” (infrared forehead thermometers) with a value of over $7,000.

Upon examination, the CBP officers found the pyrometers to be non-compliant with FDA regulations. It is important for FDA compliance on these types of thermometers because they can give false readings if they do not meet strict FDA requirements.

If you have had your goods seized for non-FDA compliance, or if you have any questions about ensuring FDA compliance BEFORE you import, contact experienced import and export attorney David Hsu at 832-896-6288 or by email at attorney.dave@yahoo.com.

Unlabeled hand sanitizer seized by Customs.

April 19, 2020 By in corona virus, hand sanitizer, Import, Import Export Attorney, Uncategorized Tags: , , , , , , , Leave a comment
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Actual image of the seized hand sanitizer, source: CBP.gov

U.S. Customs and Border Protection Officers at the Bridge of the Americas international crossing seized a shipment of unlabeled gel product April 15 that was claimed to be hand sanitizer.

The U.S. citizen was driving a car from Mexico and declared they had personal use quantity of hand sanitizer. During a secondary evaluation, CBP offers found 2,205 unlabeled bottles in the vehicle along with 1,000 unmarked masks. CBP officers declared the shipment a “commercial quantity”.

If you have had a shipment of personal protective equipment or hand sanitizing products seized by CBP during the coronavirus pandemic, contact experienced seizure attorney David Hsu by phone/text at 832-896-6288 or by email attorney.dave@yahoo.com.

CBP seizes $45k in unreported currency.

April 19, 2020 By in Attorney, Import Export Attorney, Uncategorized, vehicle seizure Tags: , , , , , , , , , , Leave a comment
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Image of the seized currency, source: CBP.gov

According to a U.S. Customs and Border Protection (CBP) media release, the Office of Field Operations (OFO) in Laredo seized over $45,000 in undeclared currency in a single event over the weekend.

Officers seized the currency from a new 2020 Toyota Avalon traveling to Mexico during examination. A physical inspection revealed $45,147 in undeclared currency. As a result, the vehicle and cash was seized by CBP. In this instance, the vehicle, cash and seizure was turned over to U.S. Immigration and Customs Enforcement-Homeland Security Investigations (ICE-HSI) special agents for further investigation.

In general, if your seized goods are referred to HSI, then there will likely be a criminal investigation into the seized goods.

If you have had your goods seized in the Port of Laredo or any of the over 400 ports of entry into the US, contact experienced seizure attorney David Hsu by phone/text at 832-896-6288 or by email attorney.dave@yahoo.com.