CBP seizes +$2 million in counterfeit goods from China.

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Counterfeit goods seized by CBP, source: cbp.gov

According to a  U.S. Customs and Border Protection (CBP) media release, officers in Washington Dulles airport seized fake goods from China with a MSRP of $2 million destined to Flushing, New York.

The air cargo shipment contained 2,601 coin purses, 459 purses, and backpacks with counterfeit logos of luxury brand names such as Gucci, Louis Vuitton and Chanel.

When CBP seizes suspected counterfeit goods, they send samples and photos to the CBP Consumer Products and Mass Merchandising Centers for Excellence and Expertise (CEE) for verification with the trademark holders.

The goods were determined to be counterfeit (no trademark holder has ever agreed that a product was not counterfeit), and if authentic, would have an MSRP of $2,244,370.

If you have had your shipment seized by CBP on suspicion of being counterfeit, contact experienced seizure attorney David Hsu for assistance, we can explore your options. If you have received a penalty notice for violation of intellectual property rights, give us a call or text at 832-896-6288 or by email at attorney.dave@yahoo.com, dh@gjatradelaw.com.

$715k in US currency seized from bus entering the US from Mexico.

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According to U.S. Customs and Border Protection, officers in Hidalgo intercepted $715,010 in unreported U.S. currency in a commercial bus attempting to enter into Mexico on September 24th.

The officers were conducting an outbound operation at the Hidalgo-Reynosa International Bridge and stopped the bus for further inspection. Officers used an imaging system and found 32 packages containing US currency hidden in the bus.

The hidden currency was seized by CBP and Homeland Security Investigations (HSI) were involved.

In general, if HSI is involved, CBP believes the currency is the proceeds or will be used for illegal activities.

If you have had your currency seized by CBP, contact experienced currency seizure attorney David Hsu for immediate assistance. Phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com, dh@gjatradelaw.com.

China leading the way for new trade deal with ASEAN nations.

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This week, the 10 members of the Association of Southeast Asian Nations (ASEAN) are meeting in Bangkok, Thailand and one main focus will be the creation of a free-trade pact that will cover 50% of the world’s population and 40% of the world’s commerce. The ASEAN nations hope to enact the Regional Comprehensive Economic Partnership (RCEP), a trade deal that covers a territory from India to New Zealand.
In negotiation for the past few years, the current US China trade war is pushing the effort to create the RCEP. Will post any updates as available.
Do you have any trade or customs law questions, contact your trade and customs attorney David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com, dh@gjatradelaw.com.

US to end Cameroon’s preferential trade status on January 1, 2020.

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Earlier this week, President Trump announced to Congress his decision to end Cameroon’s preferential trade status starting 2020 due to alleged human rights violations  – citing “extrajudicial killings, arbitrary and unlawful detention and torture”.

As of January 1, 2020, Cameroon will be removed from the list of countries benefiting under the African Grown and Opportunity Act of 2000 that encompasses 39 African nations.

Part of the move to end Cameroon’s trade status came from reports by Human Rights Watch (HRW) reports of torture and abuse that included overcrowded conditions, torture and delayed trials.

Overall, Cameroon is the US’s 128th largest trade partner with an estimated $413 million worth of goods exchanged last year.

If you believe you will be impacted by this, contact experienced trade attorney David Hsu to explore your options for exporting and importing from Cameroon after January 1st. Phone/text David at 832-896-6288 or by email at attorney.dave@yahoo.com, dh@gjatradelaw.com.

Tobacco from Malawi subject to detention by US Customs.

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Yesterday, U.S. Customs and Border Protection (CBP) issued a withhold release order on tobacco from the southeast African country of Malawi and other products that contain tobacco from Malawi.
A withhold release order (WRO) means any products from Malawi containing tobacco will be detained by CBP at all of the ports of entry. A WRO was issued after information was collected by CBP that indicates tobacco from Malawi is produced using forced labor and forced child labor.
Many believe a WRO means you cannot import tobacco from Malawi – however, an WRO still allows for importation of tobacco, but importers need to provide documentation that their tobacco and tobacco containing products do not include tobacco from Malwai that was produced using child labor or other prohibitions under US law. 
This most recent WRO is just one of 7 previously issued by CBP this year to prevent the importation of products made using forced labor (which includes convict labor, forced child labor or indentured labor).
If you believe your goods have been wrongly seized by a WRO, contact experienced trade and customs attorney David Hsu for immediate assistance – we have helped many importers and can be reached by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com, dh@gjatradelaw.com.

CBP conducts anti-counterfeit operations in New Orleans.

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According to a U.S. Customs and Border Protection (CBP) media release, CBP officers in the New Orleans Field Office partnered with Homeland Security Investigations (HSI) for their “Operation Safety Claus”. As indicated by the name of the operation, “Operation Safety Claus” is a joint anti-counterfeiting law enforcement operation in metro New Orleans to target the importation of counterfeit goods during the holiday season.

According to the press release, in the past few weeks, CBP officers have seized items such as makeup, contact lenses, hair products, eyelashes, and clothing. During the Halloween holiday, CBP seized an increase in items like contact lenses, makeup and other cosmetics. CBP warns counterfeit goods may contain bacteria, heavy metals, or other toxins that pose a health risk.

As in all their media releases related to counterfeit goods, CBP highlighted the public safety risk of counterfeit goods, the sale of counterfeit goods to fund illicit activities and crime and restated their counterfeit seizure figures.

If your property has been seized by CBP, you must respond or risk a civil penalty down the road and a loss of your shipment. Contact experienced seizure attorney David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com, dh@gjatradelaw.com.

HSI New Orleans Deputy Special Agent in Charge Gilbert S. Trill explained that selling and purchasing counterfeit items is an intellectual property crime, often used to fund international and transnational criminal organizations. These crimes can also have an adverse effect on the United States, in terms of reduced innovation, repressed job markets, and reduced quality. Additionally, it puts the public at risk with little recourse.

“You’re not going to be able to sue an illegal activity or transnational criminal organization,” he said.

On a typical day in 2018, U.S. Customs and Border Protection alone seized $3.7 million worth of products with Intellectual Property Rights violations, with the IPR industry topping $ billion nationally. Many of these products are shipped through mail facilities throughout the country.

“The discovery and interception of counterfeit merchandise that pose safety hazards to our citizens is an illustration of how CBP works every single day to keep dangerous goods from the commerce of the United States,” said Mark S. Choina, Assistant Port Director, Trade, Port of New Orleans.

The New Orleans office of HSI covers Arkansas, Louisiana, and Mississippi, while the New Orleans CBP office covers Louisiana, Mississippi, Alabama, Arkansas, and Tennessee. For more information on IPR, visit https://www.cbp.gov/trade/priority-issues/ipr.

US ends preferential trade for Thai exports.

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Earlier this week, the Office of the United States Trade Representative announced Friday it was suspending $1.3 billion in trade preferences for Thailand under the Generalized System of Preferences (GSP) due to Thailand’s failure to protect worker rights.

The worker rights issues have been an issue for over the years and complaints about working conditions have particularly focused on the fishing industry in Thailand.

The loss of GSP for Thai exports are effective next April and Thailand will likely try to negotiate the issue with the US prior to April of 2020.

If you have any questions how the loss of GSP for exports from Thailand 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.

$72,000 in undeclared currency seized from traveler.

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According to a U.S. Customs and Border Protection (CBP) press release, CBP officers at Orlando International Airport (MCO) seized over $72,000 in currency from a traveler who failed to declare the entire amount of the currency they were carrying.

The traveler initially said they were only in possession of $15,000.00. CBP officers then presented the traveler with a Fincen form in which the traveler wrote the amount of $51,000. After further inspection, CBP officers discovered additional bundles of cash inside a backpack – leading to a seizure of $72,000 in currency.

If you are ever presented with a Treasury Department Financial Crimes Enforcement Network (FinCEN) form, you must write down the accurate amount of currency you are carrying (including checks, money orders, foreign currency and other monetary instruments).

Violations of the reporting requirements typically lead to a seizure of the currency and may lead to involvement by HSI – resulting in your arrest. If you have had your currency seized by CBP, contact experienced currency seizure attorney David Hsu at 832-896-6288 or by email at attorney.dave@yahoo.com, dh@gjatradelaw.com.

CBP intercepts invasive “almond bug” from Italy.

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Image of the “almond bug”, source: CBP.gov

According to a U.S. Customs and Border Protection (CBP) press release, Agriculture Specialist canine alerted CBP officers to a passenger’s bag arriving from from Italy. The Agriculture Specialists inspected the item and found prohibited plant items such as pomegranates. Examination of the pomegranates led to the discovery of an insect that was then sent to the U. S. Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS) for identification. The insect was identified as the Monosteira unicostata, or “Almond bug.”

This species of pest poses a serious risk to the $5.3 billion California almond industry. These bugs are typically found in almond trees in the Mediterranean region.

If you have had your shipment seized due to invasive species or had a shipment seized due to invasive pests located in or among wooden packaging materials – contact experienced trade attorney David Hsu to explore options – call/text 832-896-6288 or email attorney.dave@yahoo.com, dh@gjatradelaw.com.

CBP intercepts insects hiding in pumpkin shipment.

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Image of the longhorn beetle larvae, source: CBP.gov

According to a U.S. Customs and Border Protection (CBP) media release, CBP officers and agriculture specialists at the Port of Wilmington, Delaware inspected a shipment of pumpkins from Costa Rica.

During inspection, CBP agriculture specialists found the flower longhorn beetle larvae in wood packaging material. The larvae were sent to the to the U.S. Department of Agriculture entomologist and was identified as belonging in the subfamily Lepturinae, or flower longhorn beetles.

According to CBP: “The adult beetles are considered pollinators, but while in their larvae stage they bore beneath a tree’s bark, potentially damage healthy trees.

The importer chose to re-export the pumpkins and wood packaging material instead of destroying the shipment.”

If you have had a shipment seized by CBP due to wood packaging materials (WPM) containing suspected invasive species of pests such as the wood boring wasp or this longhorn beetle – contact experienced wood packaging materials attorney David Hsu by text/phone at 832-896-6288 or by email at attorney.dave@yahoo.com, dh@gjatradelaw.com.