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.
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 email@example.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 firstname.lastname@example.org for assistance.
According to a U.S. Customs and Border Protection (CBP) media release, CBP officers in Ohio seized two shipments containing 500 pieces of counterfeit Cartier jewelry from China and Hong Kong. While the importer did not pay a combined $5.2 million for the 500 pieces, CBP values the shipments seized based on the value of the goods, if authentic.
The two shipments contained mostly bracelets and rings and were destined to an address in Florida and Mississippi.
On August 16, officers inspected the first shipment containing 450 Cartier Love bracelets and rings. The bracelets and rings were mixed in with other jewelry that did not violate Intellectual Property Rights (IPR). The shipment was from China and headed to a residence in Aventura, Florida.
When Customs seizes goods suspected of being counterfeit, samples (either photos or actual goods) will be sent to a CBP Centers for Excellence and Expertise, known as a (CEE, pronounced “see”). The CEE will verify with the trademark holders the authenticity of the goods. In general, the trademark holders will never say the goods are authentic.
If you have had your goods seized by customs, contact David Hsu by phone/text at 832-896-6288 or by email at email@example.com.
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 firstname.lastname@example.org; DH@GJATradeLaw.com.
In mid-June, U.S. Customs and Border Protection (CBP) officers in Louisville seized 8 shipments manifested as “bluetooth audio devices” and found 817 pairs of earbuds that bear a strong resemblance to Apple Incorporated’s AirPods three-dimensional configuration trademark. As you are aware, CBP is required by law to enforce trademarks and patents if the trademark/patent/copyright holder submits a request to Customs.
In all cases involving intellectual property rights seizures – CBP import specialists will submit photos or samples of goods suspected of violating intellectual property rights to the rights holder. In 100% of the cases, Apple will always reject any sample or photo as counterfeit. Even if the imported phone is a phone previously sold through T-Mobile, traded-in by the first user, sold to a liquidator, exported to China for repair, then shipped back to the US – Apple will notify Customs the phone is counterfeit.
While the AirPods in this shipment did not contain the Apple logo, CBP is enforcing the 3-d configuration trademark. While the photo provided by Customs is hard to see, I believe the AirPods seized are the TWS-iXX headphones. The earlier models of the TWS I believe started with the TWS-i7, and in 2021 I see TWS-i12 headphones being sold. I cannot see the model number clearly, but can determine the photos are boxed TWS series headphones.
Customs seized the headphones and determined the value of the 817 headphones was approximately $331,360 if genuine, or about $405 per pair. I do not know how CBP valued these headphones as authentic Apple AirPods start at $199 and go as high as $249 for the AirPod Pro models.
If you have had your TWS shipment seized by Customs, or have any other IPR violations, contact Customs attorney David Hsu for immediate assistance at 832-896-6288 or by email at email@example.com. We are based in Houston but represent clients nationwide and abroad. Call for your free consultation.
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 firstname.lastname@example.org.
According to a U.S. Customs and Border Protection (CBP) media release, Chicago-based CBP officers in early March seized 136 boxes of suspected counterfeit 3M branded N95 type masks bearing the 3M registered trademarks. This most recent seizure is just one of tens of shipments Customs has seized since the start of the pandemic over one year ago.
CBP questioned the authenticity of the masks due to a chemical smell and grammatical errors on the packaging. In instances of suspected counterfeit violations, CBP specialists check with the trademark holder. CBP seized over 65,000 masks contained within the 136 boxes, if authentic the masks would be valued at over $400,000.
If you have had your goods seized by Customs, contact David Hsu by phone/text at 832-896-6288 or by email at email@example.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 firstname.lastname@example.org.
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 email@example.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 firstname.lastname@example.org.