$2.2 million worth of fake Nike shoes seized by Customs.

Image of seized Nike shoes, source: CBP.gov

According to a U.S. Customs and Border Protection (CBP) media release, officers assigned to the port at LA/Long Beach seized over 14,806 pairs of counterfeit Nike shoes that if genuine, carry an estimated MSRP of $2,247,680.

The seizure was multi-agency and included U.S. Homeland Security Investigations (HSI) special agents assigned at the Trade Enforcement Coordination Center (TECC). The shoes were discovered during examination of a shipment from China and were misdeclared as “napkins”.

Apparel, Footwear and Textiles Center of Excellence (AFT Center) import specialists and the trademark owner confirmed the shoes were in violation of Nike’s Air Jordan 1 Off-White, Air Jordan 12, Air Jordan 1 (blue, black, red, white), Air Jordan 11, Air Max ’97 protected designs and trademarks.

If you have had your goods seized by CBP or if they are sending you a civil penalty or you are facing criminal penalties, contact experienced seizure attorney David Hsu at 832-896-6288 or by email at attorney.dave@yahoo.com, dh@gjatradelaw.com.

CBP intercepts stolen SUV destined for West Africa.

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Image of seized stolen SUV, source: CBP.gov

According to a U.S. Customs and Border Protection (CBP) media release, CBP officers seized a stolen 2018 Cadillac Escalade, valued at more than $57,000 at the Port of Wilmington, Del, September 25th.

This most recent seizure was one of 16 stolen vehicles seized this year at the Port of Wilmington, a combined value of over $454,007 in stolen vehicles.

The vehicle was seized during a routine CBP inspection of outbound shipments destined for West Africa when the VIN number was associated with a 2018 Mercedes Benz.

Further investigation found the true VIN and the SUV was traced to a stolen vehicle in North Carolina along with fraudulent titles and export documents.

In instances such as the above, CBP will not release these vehicles – however, if you export vehicles and have complied with all the requirements, CBP may still seize your vehicle – if so, contact experienced seizure attorney David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com, dh@gjatradelaw.com.

CBP Agriculture Specialists in Texas find first discovery of pest in the US.

Dysschema mariamne_dorsal, courtesy CBP Hidalgo

Dysschema mariamne Warren (Erebidae), source: CBP

According to a U.S. Customs and Border Protection (CBP) media release, agriculture specialists at the Pharr, Texas Port of Entry discovered a rare pest, a first in nation discovery, in a shipment of prickly pear pads.

Specifically, CBP agents found the Dysschema mariamne Warren (Erebidae), a first in nation pest.

The Erebidae was discovered upon an inspection of shipment of pear pads from Mexico. After it was discovered, the U.S. Department of Agriculture entomology laboratory was consulted and the initial identification was later confirmed by a national specialist as Dysschema mariamne Warren (Erebidae). According to USDA entomologists, this pest has never been found at any of the nation’s ports of entry. CBP refused entry to the shipment and returned it back to Mexico.

If you have had a shipment detained by Customs for containing invasive species, or have had a shipment detained due to pests found in wood packaging materials – contact experienced customs seizure and detention attorney David Hsu at 832-896-6288 or by email at attorney.dave@yahoo.com, dh@gjatradelaw.com.

Zimbabwe claims CBP’s accusation of use of forced labor in their diamond mine is a “shameless lie”.

photo of diamond ring

Photo by W W on Pexels.com

Earlier this week, I blogged about CBP’s issuance of a Withhold Release Order (WRO) that allows CBP to seize products produced “in whole or in part using forced labor”.

One of the products subject to detention are “Rough diamonds from the Marange Diamond Fields in Zimbabwe; mined from forced labor.

Earlier today, moneyweb.co.za (a Zimbabwe financial web publication) accused the US of lying about diamond mining at the Marange Diamond Fields using forced labor – calling the claim a “shameless lie”.

In support of their claim, the article cites the Kimberley Process (steps that are taken to ensure diamond mining isn’t used to fund conflicts) finding that there are no restrictions on trade in Zimbabwean diamonds. The Kimberley Process represents 81 countries and covers 99.8% of the global rough diamond production.

Zimbabwe’s deputy mines minister, Polite Kambamura is quoted as saying the “doors are open” if CBP wants to visit Marange and that “we are a responsible state miner that operates within the laws of the country and we observe strict adherence to critical tenets of corporate governance”.

Like Marange in Zimbabwe, if you feel your company has been wrongly placed on CBP’s WRO list, contact experienced customs and trade attorney David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com, dh@gjatradelaw.com.

Trump impeachment inquiry delays USMCA ratification.

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Photo by kendall hoopes on Pexels.com

This past Wednesday, the Trump administration warned the impeachment inquiry would likely result in no congressional action on the United States-Mexico-Canada trade deal (USMCA).

While the US Trade Representative Robert Lighthizer believed the deal would pass the House, Trump was less confident and doesn’t believe the Houston majority leader will set a vote to pass the trade agreement.

Last year, Canada, the US and Mexico reached an agreement to replace the North American Free Trade Agreement with the final step being ratification among the three members. Canada and Mexico have already urged the US to ratify the agreement sooner rather than later.

If you have any questions how the new USMCA may impact your business, contact experienced trade attorney David Hsu at 832-896-6288 or by email at attorney.dave@yahoo.com, dh@gjatradelaw.com.

US and Japan reach trade deal.

birds eye view photo of freight containers

Photo by Tom Fisk on Pexels.com

Last week, President Trump and his counterpart Prime Minister Abe of Japan reached a trade deal to cut tariffs and increase trade between the two nations.

Part of the deal includes Japan agreeing to reduce or cancel tariffs on American agricultural exports such as beef, corn, pork and fruit – with the US agreeing to reduce tariffs on bicycles, flowers, tea and other industrial products.

At the same time, the agreement prohibits future tariffs on streaming videos, music and video games.

If you have any questions about how the new trade deal with Japan will impact your business, contact experienced trade attorney David Hsu at 832-896-6288 or by email at attorney.dave@yahoo.com, dh@gjatradelaw.com.

US to tax goods from Europe – airplanes, agriculture and industrial products.

aeroplane air travel airbus aircraft

Photo by Quintin Gellar on Pexels.com

Earlier this week, President Trump’s administration announced the imposition of tariffs on European goods covering a wide range of goods, from aircraft, to wine, cheese, olive oil and many more items starting October 18th.

The move comes after the World Trade Organization granted the US permission to tax European exports annually to the amount of $7.5 billion in response a US complaint over subsidies given to the European plane manufacturer Airbus. The $7.5 billion in tariffs is annually and continues until an agreement is reached.

The list of goods subject to tariffs will place a 25% tariff on Parmesan cheese, coffee, mussels, single malt whiskeys and other agricultural goods from Europe in addition to a 10% tariff on European aircraft.

If you have any questions how this may impact your business, contact experienced trade and customs attorney David Hsu by phone/text at 832-896-6288, or by email at attorney.dave@yahoo.com, dh@gjatradelaw.com.

 

 

 

CBP seizes over $162k in mislabeled baby formula from Germany.

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Image of seized baby formula, source: CBP.gov

According to a U.S. Customs and Border Protection’s (CBP) media release, officers in Philadelphia seized over 1,560 packages of HiPP brand infant formula for Germany because the product was mislabeled and not authorized for sale in the United States.

FDA inspectors also said the mislabeled products violated 21 USC 331 and 19 USC 1595 governing the importation of mislabeled or misbranded consumer goods.

CBP used this seizure as a warning to consumers about making internet purchases online and to ask consumers to ensure “online purchases comply with both state and federal government import regulations to ensure that those goods are safe and meet U.S. health code requirements”.

If you want to import your food products to the US, be sure your goods meet all US FDA and other agency requirements. Contact experienced import compliance attorney David Hsu at 832-896-6288 or by email at attorney.dave@yahoo.com, dh@gjatradelaw.com.

5,200 counterfeit refrigerator water filters seized.

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Image of seized water filters, source: CBP.gov

According to a U.S. Customs and Border Protection (CBP), CBP officers at LA/Long Beach port seized 5,202 counterfeit refrigerator water filters that if genuine would have an estimated manufacturer’s suggested retail price (MSRP) of $224,202.

The counterfeit filters contained trademarks registered by Brita, GE, Frigidaire, PUR and NSF Certification. As you are aware, trademark owners can register their trademark and CBP will seize infringing use of such trademarks.

The filters were shipped from China and were to be delivered to an address in Washington.

If you or anyone you know has had a shipment seized for suspected infringement of trademarks, contact experienced seizure attorney David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com, dh@gjatradelaw.com.

CBP issues detention orders against companies who may have used forced labor.

woman in black shirt and green latex gloves

Photo by ELEVATE on Pexels.com

According to a U.S. Customs and Border Protection (CBP) press release, CBP issued 5 Withhold Release Orders (WROs) covering different products imported from different countries. WRO’s are also detention orders and allow CBP to seize products that are produced in whole or in part using forced labor.

The detention orders are part of a US law that makes it illegal to import goods to the US that are made “wholly or in part by forced labor”.  Forced labor covers convict labor, indentured labor and child labor.

The press release did not specify how CBP was made aware of the allegations of forced labor, but typically investigations may be started by news reports and tips from either the public or trade community.

According to the press release, the following WROs are effective immediately:

Garments produced by Hetian Taida Apparel Co., Ltd. in Xinjiang, China; produced with prison or forced labor.
Disposable rubber gloves produced in Malaysia by WRP Asia Pacific Sdn. Bhd.; produced with forced labor.
Gold mined in artisanal small mines (ASM) in eastern Democratic Republic of the Congo (DRC); mined from forced labor.
Rough diamonds from the Marange Diamond Fields in Zimbabwe; mined from forced labor.
Bone black manufactured in Brazil by Bonechar Carvão Ativado Do Brasil Ltda; produced with forced labor.

If you are an importer and have had your items seized on suspicion of being wholly or in part produced by forced labor – contact experienced trade attorney David Hsu. We assist importers in re-exporting the shipment or submitting information to counter CBP’s claims – call/text 832-896-6288 or email attorney.dave@yahoo.com, dh@gjatradelaw.com.