Category Archives: Import Export Attorney

Suspected counterfeit corona virus test kits seized.

March 14, 2020 By in Attorney, corona virus, covid-19, FDA, Import Export Attorney, U.S. Customs and Border Protection, Uncategorized Tags: , , , , , , , Leave a comment
Suspected counterfeit test kids – source: cbp.gov
Suspected counterfeit test kids – source: cbp.gov
Suspected counterfeit test kids – source: cbp.gov

That didn’t take long – U.S. Customs and Border Protection (CBP) officers at LAX seized a package containing what they suspect are counterfeit COVID-19 (corona virus) test kids from the UK.

Earlier this week, the CBP officers inspected a package labeled as “Purified Water Vials” with a declared value of $196.81, upon further inspection, CBP officers found six bags of vials filled with a white liquid and labeled “Corona Virus 2019nconv (COVID-19)” and “Virus1 Test Kit”.

CBP turned over the suspected fake test kids to the U.S. Food and Drug Administration (FDA) for analysis.

In general, there is something you can do if your shipment has been detained or seized for being suspected as counterfeit – however, in this situation, and given the current concerns over corona virus, the importer of record will likely not get this shipment returned and may receive a civil penalty notice from CBP in the upcoming weeks.

Huawei’s latest license extension cut in half by US government, 45 instead of 90 days.

February 19, 2020 By in Export, Huawei, Import Export Attorney, NDAA, Uncategorized Tags: , , , , , Leave a comment
black huawei android smartphone

Photo by Alex Fu on Pexels.com

Since May of 2019, Huawei has been placed on the US entity list and therefore unable to conduct business with US companies. However, the Trump administration did permit companies to do business with Huawei through license extensions.

The most recent 90-day extension was granted in November 2019, allowing companies to do business with Huawei until the expiration of 90 days.

Last week, an 45-day extension was granted. After 45 days, and if no further extensions are granted, then American companies can no longer do business with Huawei.

Contact experienced export compliance attorney David Hsu by phone/text if you have any questions how the current prohibitions against Huawei and ZTE will impact your business. Email at attorney.dave@yahoo.com, dh@gjatradelaw.com.

Federal Court rules against Huawei.

February 19, 2020 By in Huawei, Import Export Attorney, NDAA, Uncategorized Tags: , , , , , , Leave a comment
pexels-photo-3054065

Photo by JJ Jordan on Pexels.com

Yesterday, a federal judge in Texas ruled in favor of the United States, concluding Congress acted within its powers by including contract prohibitions against ZTE and Huawei in the 2019 National Defense Authorization Act.

Also earlier this week, the government also charged Huwei and a couple of their subsidiaries with federal racketeering and conspiracy (RICO) charges to steal trade secrets from US companies.

The recent decision stems from a Huawei lawsuit filed in March 2019, in which they claim Section 889 of the National Defense Authorization Act was unconstitutional because it limited Huawei’s business in the US. Huawei’s main argument was the NDAA overbroad in restricting sales to Huawei and violated Huawei’s due process.

Contact experienced export compliance attorney David Hsu by phone/text if you have any questions how the current prohibitions against Huawei and ZTE will impact your business. Email at attorney.dave@yahoo.com, dh@gjatradelaw.com.

Huawei’s Google maps alternative.

January 26, 2020 By in entity list, Export, Huawei, Import Export Attorney, Uncategorized Tags: , , , , Leave a comment
pexels-photo

Photo by Ingo Joseph on Pexels.com

As you are aware, Huawei’s inclusion on the US entity list means no access Android and the Google Play Store. As a result Huawei has been looking at alternative companies to replace the Google Maps application – and last week, found their replacement.

According to Reuters, Huawei reached a deal with Dutch mapping company, TomTom which will see TomTom providing Huawei access to their navigation, mapping and traffic information.

With the TomTom information, Huawei will create their own proprietary apps for their own Harmony Operating System.

If you have any questions how Huawei’s inclusion on the BIS entity list will impact your business or if you are in need of export compliance, contact experienced trade attorney David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com, dh@gjatradelaw.com.

CBP seizes $90,000 in counterfeit goods from Hong Kong.

January 23, 2020 By in Attorney, Customs Lawyer, Import Export Attorney, U.S. Customs and Border Protection, Uncategorized Tags: , , , , , , Leave a comment
PIT IPR2L 011820

Image of seized goods. Source: CBP.gov

According to a U.S. Customs and Border Protection (CBP) media release, officers seized two shipments of counterfeit products arriving at Pittsburgh International Airport.

The first shipment’s manifest indicated the package contained men’s casual shoes. Upon inspection, CBP found a Rolex watch, LV bracelet, Christian Loubouton shoes, par of Amiri jeans, Gucci jacket and a LV sweatshirt. If authentic, the merchandise would have a manufacturer suggested retail price of $90,798.

In the second shipment, the packing list indicated phones cases – but instead contained designer brand charms and jewelry.

As is the case in most counterfeit seizures, poor quality of items and lack of authentic packaging were common indications of counterfeit merchandise.

CEE?
In all counterfeit seizure cases, CBP typically sends the counterfeited items to the Consumer Products and Mass Merchandising Centers for Excellence and Expertise (CEE for short). The CEE center is sort of a misnomer, as the CEE offices are located throughout the US and not in a centralized location. The CEE center then verifies the authenticity of the goods with the trademark holders. In all cases, the trademark holder will claim the seized goods are counterfeit.

So what happens after a seizure?
The importer of record (person who will receive the package) will receive a seizure notice by certified mail, return receipt requested. The importer of recorder can then either abandon the items, file a petition, offer in compromise or refer to court action.

If you have had a shipment seized by Customs for alleged counterfeit violations or if you have received a notice of seizure, contact experienced seizure attorney David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com, dh@gjatradelaw.com.

Trump administration eases regulations on exportation of small arms and ammunition.

January 19, 2020 By in CCL, Export, Import Export Attorney, ITAR, Uncategorized, USML Tags: , , , , , , , Leave a comment
pexels-photo-864987

Photo by Alex Andrews on Pexels.com

The Trump administration issued new rules related to the export licensing of firearms and ammunition products. Firearms and ammunition exports will now be managed by the Commerce Department and not the State Department.

In other words, small arms and ammunition shifts from the Department of State’s International Traffic in Arm’s Regulations US Munitions List to the US Department of Commerce’s Export Administration regulations.

ITAR concerns defense-related exports whereas EAR is “dual use” for commercial or military use, and therefore less strict export rules versus the State Department.

The new Trump administration rules also eliminates the $2,250 registration fee for gunsmiths and small companies who do not manufacture, or export firearms or ammunition.

The final rule will be published on January 23 rd and implemented 45 days later after formal publication.

If you have any questions how these new rules will impact your small arms or ammunition export business, contact experienced export compliance attorney David Hsu by phone/text at attorney.dave@yahoo.com or dh@gjatradelaw.com.

Undeclared currency seized by traveler to Lebanon.

January 16, 2020 By in Attorney, Import Export Attorney, Travel, U.S. Customs and Border Protection, Uncategorized Tags: , , , Leave a comment
pexels-photo-1574851

Photo by Craig Adderley on Pexels.com

According to a U.S. Customs and Border Protection (CBP) media release, a passenger traveling to Lebanon had her undeclared currency seized at Philadelphia International Airport.

CBP officers approached the traveler and informed her of the currency reporting requirements. After explaining the requirements they asked the traveler how much money she was carrying. She replied $10,000 and upon subsequent examination or her belongings, CBP officers seized a total of $15,000.

Customs released $300 to her for “humanitarian purposes” and released her.

As you are aware, all currency over $10,000 needs to be declared. The currency is not taxed nor taken, but only has to be reported. People traveling in the same party are subject to the $10,000 limit as a party and not individually. The humanitarian relief is a discretionary amount and is not always given to the travelers.

If you have had a  currency seizure at the airport or any of the 400+ ports of entry to the US, contact experienced currency seizure attorney David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com, dh@gjatradelaw.com.

US lawmaker wants to ban US intelligence sharing with countries that use Huawei 5G.

January 13, 2020 By in Export, Huawei, Import Export Attorney, Uncategorized Tags: , , , , Leave a comment
satellite antenna tower

Photo by Andre Moura on Pexels.com

According to a Reuters article, U.S. Senator Tom Cotton introduced a bill last Wednesday that would stop the United States from sharing intelligence with countries that allow Huawei Technologies to operate 5G network technology.

The Sen. Cotton bill is just one of several legislative efforts against Huawei for potential national security concerns – last year Huawei was placed on the entity list.

The countries and companies that are considering Huawei’s 5G equipment include: Bahrain, Belgium, Britain Telecom, France, Hungary, Norway, Thailand and more.

The countries and companies that ban Huawei’s 5G equipment include: the United States, Australia, Facebook, Google, Japan, Microsoft, New Zealand, Softbank, Sophos, South Korea, University of Oxford, UAE, Verizon Communications and Vodafone.

If you have any questions about the Huawei ban, or want to ensure your exports are in compliance, contact experienced export attorney, David Hsu by phone at 832-896-6288 or by email at attorney.dave@yahoo.com, dh@gjatradelaw.com.

US China set to sign a trade deal on Wednesday.

January 13, 2020 By in Import, Import Export Attorney, international trade, trade deal, Uncategorized Tags: , , , , , , , , Leave a comment
birds eye view photo of freight containers

Photo by Tom Fisk on Pexels.com

On January 15th, the US and China are expected to sign phase one of the new trade deal between the two nations. The deal is 86 pages long and the full content has not yet been released.

According to Barron’s, citing a former Trump administration trade negotiator, the deal will cover 5 areas:

1.  Commitment from China to stop forced technology transfers.

2. Process for China to create judicial proceedings to enforce trade law secrets, patent extensions for US pharmaceuticals.

3. No further currency manipulation

4. Commitment by China to buy more agricultural products.

5. Use science-based risk assessment when determining whether to ban US imports.

Will post more details as soon as they are confirmed. If you have any questions about the trade deal or general import and export questions, contact David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com, dh@gjatradelaw.com.

Huawei received approximately $75 billion in support from…

December 26, 2019 By in Attorney, compliance, entity list, Huawei, Import Export Attorney, trade compliance, Uncategorized Tags: , , , , Leave a comment
black huawei android smartphone

Photo by Alex Fu on Pexels.com

According to a Wall Street Journal article published on Christmas day, Huawei reportedly had “access to as much as $75 billion in state support”. The $75 million figure was a result of the WSJ accounting of public records of Huawei and includes $46 billion in loans and $25 billion in tax cuts.
This recent article from the WSJ may bolster the US government’s case for barring mobile hardware made by Huawei to be used by government agencies. The US government may also cite this argument in it’s appeal to other countries to avoid using Huawei telecommunications equipment when municipalities choose a 5G equipment provider.
Huawei has denied any ties to the Chinese government and Huawei is still subject to a ban on using US origin hardware and software.
If you have any questions on how the Huawei band will impact your business, or if you have concerns about your export compliance with the current ban on Huawei – contact experienced trade and compliance attorney David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com, dh@gjatradelaw.com.