The opinions expressed are those of David Hsu and do not necessarily reflect the views of the firm, its partners, or its clients. The information in this blog is for general information purposes only and is not intended to be and should not be taken as legal advice on any subject. No recipient of content from this site, clients or otherwise, should act on the basis of any content in this site without seeking the appropriate legal or professional advice based on the particular facts and circumstances at issue from an attorney licensed in the recipient's state.
In late October, U.S. Customs and Border Protection (CBP) officers along with the U.S. Food and Drug Administration (FDA) Office of Criminal Investigation special agents and FDA consumer safety officers seized nearly half a million dollars worth of nearly 26,000 pairs of counterfeit contact lenses. Contact lenses are regulated by the FDA and CBP is the enforcement mechanism.
The CBP media release further highlighted the dangers of purchasing counterfeit goods to the American consumer. If you have had your goods seized on suspicion of being counterfeit, contact seizure attorney David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com
Image of hidden currency found in couple heading to Ghana, source: CBP.gov
According to a US Customs and Border Protection (CBP) media release – officers at Dulles airport seized unreported currency from a couple traveling to Ghana. While at Dulles airport, the couple declared to CBP they both had a combined $10,500. However, upon subsequent inspection, CBP officers seized $23,641 – more than double the initial claim amount.
According to the media release – the carry-on bag contained an envelope concealed behind the carry-on bag. CBP seized the currency for violations of the currency reporting laws, but did provide the couple with $641 in cash for “humanitarian relief”.
From my experience – it is a lot harder to get a return of seized property when the currency was concealed. In the instant seizure, CBP reports the cash was concealed behind the carry on bag’s liner. We also see travelers who try to place $100 bills between pages of a book or magazine – when this happens, it is a lot harder to prove to Customs the travelers were not trying to evade currency reporting guidelines.
If you have had your cash seized, contact seizure attorney David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com. Looking forward to hearing from you.
U.S. Customs and Border Protection (CBP) officers in Chicago seized a shipment from China containing counterfeit championship rings in mid-September. The shipment contained 86 rings celebrating championships from sports teams such as the Chicago Bulls, New York Yankees, St. Louis Cardinals among others.
CBP Officers and the trade experts at the Centers of Excellence and Expertise determined the rings were counterfeit because the rings were of poor quality. The MSRP of the rings, if authentic would equal approximately $2.38 million.
This shipment was just one of the over 27,599 shipments containing counterfeit goods in 2019 – in which the total value of seized goods totaled over $1.5 billion.
If you have had your shipments seized for suspicion of counterfeit goods, contact David Hsu by phone/text anytime at 832-896-6288 or by email at attorney.dave@yahoo.com.
According to a U.S. Customs and Border Protection (CBP) media release, CBP officers in Louisville, Kentucky seized a shipment last Saturday of 32 separate shipments containing counterfeit designer watches valued at $57.84 million dollars, if authentic. Some of the counterfeits were branded Rolex and Richard Mille.
The 32 separate shipments contained 2,168 watches that were determined to be counterfeit by CBP’s experts at the various CEE departments. The watches were from Hong Kong where approximately 25% of the counterfeit goods seized originate.
If you have had your goods seized by Customs, contact David Hsu by phone/text at 832-896-6288; or email attorney.dave@yahoo.com for assistance.
Our clients have recently experienced an increase in seizures of glass pipes and water pipes (among other items) used for the sole purpose of smoking Cannabidiol-laden hemp (CBD). As you are aware, CBD was legalized by the Federal Government under the Farm Bill of 2018. Additionally, multiple states have also taken measures to legalize smoking of CBD and Congress has been silent on prohibiting smokable hemp.
If you have had a shipment of CBD goods seized for drug paraphernalia, we may be able to help – contact David Hsu by phone/text anytime at 832-896-6288 or by email at attorney.dave@yahoo.com; DH@GJATradeLaw.com.
According to a CBP media release – officers in Cincinnati seized a shipment in late March containing jewelry with name brands such as Tiffany, Chanel, Rolex, Pandora, Cartier, Dior, Gucci and more. When suspected counterfeit goods are seized, samples and photos of the seized goods are sent to a CBP Centers of Excellence and Expertise (CEE) where the shipment is further evaluated. At the CEE, an import specialist will determine whether the jewelry is real – one method is through verification with the property right holder.
While the declared value on the shipment was $119, the actual value of the seized goods, if authentic would total more than $4.2 million dollars.
I am frequently asked why customs uses the “if authentic” value versus the declared value – since the declared value is likely more accurate to what the seized goods actually cost.
The main reason is Customs will use the “if authentic” value when issuing fines to the importer of record. And perhaps the most obvious reason to only use the “if authentic” value is for impact. A $4.2 million seizure is much more impactful than a $119 seizure of counterfeit goods.
If you or anyone you know has had your goods seized by Customs, contact David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com.
According to a U.S. Customs and Border Protection (CBP) media release, CBP officers at the Larredo, Texas Juarez-Lincoln Bridge seized $91,000 in unreported currency from a 30-year old male US citizen headed to Mexico.
When the male driver’s 2017 Chevrolet Equinox was referred to secondary inspection, CBP found $91,116 in undeclared US currency. This press release indicates CBP turned the case over to U.S. Immigration and Customs Enforcement-Homeland Security Investigations (ICE-HSI) special agents for further investigation.
In general, if your currency case is referred from CBP to Homeland Security, they believe the source of the funds may be from illegal activity and you will need to prepare a very strong seizure petition if you want your currency returned (minus a remission fee).
If you have had your hard-earned currency seized, contact David Hsu for immediate assistance at 832-896-6288 by phone or text. You can also email anytime at attorney.dave@yahoo.com.
According to a U.S. Customs and Border Protection (CBP) media release – CBP officers in Louisville, Kentucky seized over 618 bottles of Viagra containing about 18,540 pills. The Food and Drug Administration (FDA) seized the pills for being misbranded – a violation of the Federal Food, Drug and Cosmetic Act (FDCA).
Since the pills were being imported, they were likely purchased online and may have been produced abroad and seized by the FDA on the basis the pills were from a non-regulated foreign company and may contain da ngerous compounds, with different ingredients and poor quality control.
I-f you have had your goods seized by Customs, contact seizure attorney David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com.
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.
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.
