Syringes with unapproved drugs seized by FDA.

Seized syringes: source: CBP.gov

According to a U.S. Customs and Border Protection media release – officers seized a shipment of pre-filled syringes containing 200 Sodium Hyaluronate from Seoul, South Korea. Sodium Hyaluronate is used to treat osteoarthritis and seized for violation of the Food, Drug and Cosmetic Act (FDCA) prohibiting the importation of any food, drug, device, tobacco product, or cosmetic that is adulterated or misbranded.

The FDA Office of Criminal Investigation seized the shipment that would be worth $10,666 if authentic. Typical FDA seizures are due to unapproved prescriptions containing manufactured using incorrect or harmful ingredients.

If you have had your shipment seized by Customs for FDA violations, contact seizure attorney David Hsu by email at attorney.dave@yahoo.com or anytime by phone/text at 832-896-6288.

3,200+ importers file cases with the CIT!

white concrete pillar in grayscale photography
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As you are aware, the HMTX Industries LLC, et al., v. U.S., action initiated Sept. 10, 2020, in the U.S. Court of International Trade (“CIT”) alleges the U.S. failed to comply with applicable law when it imposed the additional “List 3” and “List 4a” duties on certain imports from China. Since the filing, over 3,200+ importers have filed their own “piggyback” actions in the CIT.

As the 2-year limitations period likely expires this upcoming Thursday, September 24th, I expect many more importers to file additional cases.

If you paid 25% duties under the Section 301 List 3 and List 4A duties and want to also preserve your opportunity to receive a future refund – contact David Hsu immediately by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com, dh@gjatradelaw.com.

 

您有机会取回因301条款所支付的中国关税退款

上周四,一位进口商在CIT提起诉讼,指责301条款因行政管理不当、理当视为无效之罚。

如果原告胜诉,则所有进口商都可以在CIT中提起诉讼。并就其已支付的任何关税,要求退款(无论是否提出抗议)。

要求退款的申请截止日期为2020年9月21日(星期一)。如果您希望获得协助,借以保留您的退款权利,请致电给我们。

Contact: David Hsu
Mobile: 832-896-6288
Email: attorney.dave@yahoo.com,
Email: DH@GJATradeLaw.com
Line/Telegram/WeChat/WhatsApp: 8328966288

Counterfeit and harmful pacifiers seized by CBP.

Counterfeit pacifier, source: CBP.gov

U.S. Customs and Border Protection (CBP) officers in Pittsburgh seized a shipment of 25 pacifiers with counterfeit marks of luxury brands such as Chanel and Mercedez Benz. In addition to bearing a registered mark, counterfeit products may also be manufactured using inferior quality of materials – such as lead paint with excessive lead paint levels. The pacifiers were bejeweled – causing CBP to note the poor quality workmanship may result in loose pieces breaking off and potentially choking a child that may ingest the pieces. If authentic, the pacifiers have a MSRP of $1,300.00.

If you have had your goods seized by Customs and you want to discuss your seizure options, contact David Hsu by phone/text at anytime at 832-896-6288 or by email at attorney.dave@yahoo.com.

Counterfeit shoes seized in LAX.

Counterfeit Nike, source: CBP.gov

Another day, another seizure by U.S. Customs and Border Protection (CBP) officers in LAX. The counterfeit shoes were from Hong Kong and labeled as “plastic ornaments”. Upon further examination, CBP officers found and seized 1,755 pairs of shoes with the Nike and Adidas branding.

Image of seized “Nike Air” shoes, source: cbp.gov

Customs then worked with import specialists at the Apparel, Footwear & Textiles Center of Excellence and Expertise (Apparel Center) to verify authenticity. As 100% of the time that occurs – the shoes were determined to be counterfeit and seized by Customs. CBP valued the seizure, if authentic, at $207,000.

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

Image of counterfeit Adidas – source: CBP.gov

Advance rulings: limiting your USMCA import liability.

business commerce container export
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Every importer of record needs to make declarations to Customs regarding tariff classification, valuation, origin of imported goods and more. Incorrect declarations can potentially lead to long term and expensive problems for the importer.

The NAFTA rules provided a method in which importers could seek guidance from Customs through an advance ruling to predetermine tariff classification, valuation, regional value issues, questions on qualifications of originating good, country of origin marking requirements, and more. NAFTA limited requests for guidance to only importers in the US and exporters and producers in Canada and Mexico who exported their goods to the US.

Fortunately, the new USMCA implemented several key changes. First, the USMCA not only allows an importer, but also allows an exporter, producer or anyone related to the trade transaction to request an advance ruling. Advance ruling requests are no longer limited to domestic residents.

Secondly, the USMCA agreement requires Customs to make a decision within 120 days – increasing transparency and predictability to the advance ruling process. Additionally, the USMCA also identifies the subjects that can be decided through ruling requests – tariff classification, customs valuation, origin of goods, quotas or “other issues agreed upon”.

Lastly, the USMCA offers increased protection in the event of customs modifying or revoking an advance ruling. Under the USMCA, an advance ruling cannot be revoked or modified if doing so will hurt the original ruling requester – unless the requester did not follow the advance ruling or the ruling was based on false information provided by the requester.

The best way to limit your USMCA import liability is to request an advance ruling – taking out the guesswork before the goods are shipped or entered into the US. Please do not hesitate to contact David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com.

$1.16 million in counterfeit good seized.

Seized handbag from Chicago, source: CBP.gov

Another day, another seizure – this time in Chicago on July 28th. CBP officers found 555 counterfeit Nike and Air Jordan shoes, 462 Louis Vuitton branded handbags, totes, backpacks, 165 Gucci handbags, totes, wallets, 13 Beats headphones and 10 Apple Airpods.

The media release noted the poor manufacturing and packaging quality as an indication the goods may be counterfeit. The shipment from Hong Kong (likely another reason why Customs believes the goods are counterfeit).

Author’s note – Customs can detain a shipment for up to 5 days to verify the authenticity of the goods seized. In this instance, CBP asked the importer of record to produce documentation showing they were licensed to import trademarked goods. If an importer cannot show they have a license to import goods of a certain brand holder – then the goods will be seized and a seizure notice will be issued.

Also, if a shipment has been detained for suspicion of violating trademark or copyright violations – the 5-day detention rule does not apply. The reason the 5-day rule does not apply is because CBP will contact the property rights holder and ask if the importer has a license to import the goods. Very rarely will the trademark holder side with the importer.

If you have had your goods seized by Customs, contact David Hsu by phone/text at 832-896-6288 to discuss your options. You can also email David at attorney.dave@yahoo.com.

New Orleans CBP seizes over $83k in counterfeit goods.

Image of seized goods, source: CBP.gov

Another day, another U.S. Customs and Border Protection (CBP) counterfeit seizure. This time, officers in New Orleans seized more than $83K worth of counterfeit goods in early August.

The counterfeit goods include belts, wallets, backpacks, purses from brands such as Gucci, Hermes and Louis Vuitton. In addition, the shipment also contained 10 brush kits from the MAC brand.

CBP seized the goods under 19 USC 1526e for containing the counterfeit trademarks. If you or someone you know has had their shipment seized – contact David Hsu by phone/text at 832-896-6288, or email at attorney.dave@yahoo.com to discuss your options.

$5.5 million in fake Gucci, Instagram and Facebook clothing seized.

Seized goods, source: CBP.gov

Earlier this past July, U.S. Customs and Border Protection (CBP) officers at one of our great nation’s biggest seaport of Los Angeles / Long Beach seized a large shipment of women’s sleepwear containing counterfeit brands such as Gucci, Facebook and Instagram.

2020 is a weird year indeed when we consider Facebook and Instagram to be a luxury brand. If authentic the 16,340 items of seized counterfeit pajamas (called “sleeping dresses”) would be worth an approximate retail value of $5.5 million.

CBP reported the counterfeit goods were concealed inside generic non-branded pajamas which CBP believes was intentionally packaged to avoid detection.

Author’s note – yes, in general if you pack counterfeit goods underneath unbranded goods, or try to conceal a counterfeit logo (such as using black tape to cover a logo), CBP will assume you are aware of the nature of the goods and are attempting to smuggle them into the US in violation of 19 USC 1595a (c)(1)(A), in other words merchandise that “is stolen, smuggled, or clandestinely imported or introduced“.

In addition to violating intellectual property rights of the trademark holder, CBP also claims counterfeit goods may not be in compliance with the U.S. Consumer Product Safety Commission (CPSC) requirements for flammability standards of sleepwear.

If you have had your shipment seized for alleged counterfeit violations or seized for alleged violations of CPSC consumer guidelines – contact seizure attorney David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com.

CBP in Puerto Rico seize counterfeit alloy wheels.

Photo by Reynaldo #brigworkz Brigantty on Pexels.com

According to a U.S. Customs and Border Protection (CBP) media release, San Juan Field Operations seized a shipment of 844 counterfeit alloy car wheels with an estimated manufacturer suggested retail price of approximately $238,000, if genuine.

The media release quotes CBP officials who claim counterfeit auto parts are safety risks for drivers as the fake rims do not meet industry wide safety standards. The seizure of counterfeit alloy wheels is just one of multiple seizures of car related parts – from fake air bags, fog lights and tires.

If CBP has seized your goods for suspicion of being counterfeit, contact seizure attorney David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com.