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.
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.
According to a U.S. Customs and Border Protection (CBP) media release, officers in Memphis, Tennessee seized a shipment from China containing counterfeit COVID-19 vaccination cards. The shipment from Shenzhen was labeled as “PAPER CARD, PAPER” and CBP officers knew the inside contents as this was the 15th shipment for the night.
CBP knew the cards were counterfeit because of typos, incomplete words and the Spanish translation was incorrect. You are probably thinking why the counterfeiters didn’t simply photocopy an actual vaccination card posted on social media. I don’t know why either.
CBP has so far seized 3,017 vaccination cards in over 121 shipments. Fake vaccination cards are illegal under 18 USC Section 1017.
If you have had your shipment seized (except counterfeit vaccination cards) by Customs, contact David Hsu by email at firstname.lastname@example.org or phone/text 832-896-6288.
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 email@example.com; 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 firstname.lastname@example.org. 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 email@example.com.
According to Reuters on October 20th, a US trade delegation visited Brazilian President Bolsonaro to offer financing to telecommunications companies that purchase network equipment from suppliers other than Huawei.
China is Brazil’s biggest trading partner and Huawei currently supplies equipment to telecommunications companies. Brazil plans to auction the 5G spectrum next year and this effort may be an attempt to convince Brazilian authorities to look at other 5G suppliers.
If successful, Brazil would join the US, UK, Australia, Sweden and Japan as countries already taking a position on banning Huawei into their 5G network.
Do you supply Huawei equipment or parts to Huawei and have questions about the export control ban? If so, 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. CBP officers in Ohio seized 11 counterfeit Richard Mille watches from Hong Kong with the ultimate end user in New Orleans. See image above of the seized watches.
The seizures in Ohio and the other intellectual property rights violations seizures are part of CBP’s efforts to stop unfair Chinese trade practices and protect US businesses. This operation is known as “Operation Mega Flex and has resulted in 4,200 seizures of goods in the past 15 months”.
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.
CBP seized 32 cartons of women’s leather gloves suspected of being manufactured by forced labor. CBP believes the shipment may have been made from forced labor because the shipment originated from the Xinjiang Uyghur Autonomous Region. As you may or may not know, the Xinjiang region is where the CBP media release reports the Chinese is committing human rights abuses against the Uyghur people and other ethnic and religious minorities.
The shipment was detained under a “Withhold Release Order” (WRO) against Yili Zhuowan Garment Manufacturing Company Limited and Baoding LYSZD Trade And Business Company Limited. A WRO is typically issued against a manufacturer after CBP conducts an investigation. The investigation will look for forced labor indicators such as restriction of movement, isolation, intimidation, threats, withholding of wages and abusive working and living conditions.
If CBP issues a WRO, this enables CBP personnel at the port of entry to detain the shipment if there is a reasonable belief the goods were made by forced labor. WRO seizures are not able to be admitted to the US and Importer of Records of WRO goods have 90 days to re-export detained shipments or submit proof to CBP the goods were not made with forced labor.
If your goods are subject to a WRO and you want to discuss your options – contact David Hsu by phone/text at anytime to 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 the Roma, Texas Port of Entry seized more than $838,000 in unreported currency hidden in a vehicle heading out of the US.
As you are aware, all currency and monetary instruments $10,000 or more need to be reported. In this case, CBP officers seized stacks of cash totaling $838,481 in unreported currency concealed within a 2016 Chevrolet Colorado.
After seizing the currency – CBP referred the case to U.S. Immigration and Customs Enforcement – Homeland Security Investigations (ICE-HSI). In general, if your case is referred to HSI – then there is likely a criminal case.
If you have had your currency seized by Customs, contact our office immediately – there are time limits regarding the seizures – call or text David Hsu directly at 832-896-6288 or by email at email@example.com.