$1.7 million in fake Nike shoes seized by CBP.

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Photo by Wendy Wei on Pexels.com

According to the CBP media release, CBP officers in New York/Newark seized nearly 9,024 pairs of counterfeit Nike speakers. If genuine Nike products, the total value of the shipment equaled almost $1.7 million dollars.

The shipment of sneakers was from Dongguan City. Dongguan is a city in Guangdong (Canton) Province and borders Shenzhen and Hong Kong. When CBP suspects goods to be counterfeit, CBP will take photos and submit the photos or samples to the trademark holder. In this case CBP’s Apparel Footwear and Textiles Center for Excellence and Expertise sent the images to Nike where the images were determined to represent fake shoes.

The rest of the news release mentions ICE and Homeland Security Investigations will continue to investigate and look into the destination address in Chino, California. Given the value of the funds and the referral to ICE and HSI, it is likely CBP will look further into this shipment and may involve criminal charges for the importer of record.

If you have had your shipment seized on the basis of suspected counterfeit goods, or if you receive a penalty notice or seizure notice, contact experienced trade attorney David Hsu at 832.896.6288 or email at dhsu@givensjohnston.comdhsu@givensjohnston.com for immediate assistance.

 

 

CBP finds invasive Egyptian Locusts from Italy.

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Screenshot of the Egyptian tree locust. Source: cbp.gov

In mid-November, agriculture specialists from US Customs and Border Protection (CBP) discovered the Egyptian tree locust in the port of Baltimore. The locusts were found in a shipment of Italian wine. As a result of the finding, CBP had the shipment re-exported back to Italy.

The Anacridium aegyptium, or commonly known as the Egyptian tree locust is a leaf feeder and pest to grapevines, citrus, fruit and other vegetable. While the Egyptian tree locust is common in Europe, it is considered an invasive species in the US.

In addition to invasive pests, CBP’s agriculture specialists also work hard to stop noxious weeds and prevent foreign plant and animal diseases from entering the US.

If CBP finds the presence of invasive species in your shipment – you will receive an EAN (Emergency Action Notification) typically requiring you to re-export the shipment and contents. If you have received an EAN, contact experienced trade and customs attorney, David Hsu at 832.896.6822 or by email at dhsu@givensjohnston.com for immediate assistance.

CBP seizes wall charges bearing counterfeit “UL” markings.

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By Underwriters Laboratories (Underwriters Laboratories) [Public domain], via Wikimedia Commons

A U. S. Customs and Border Protection media release today reported that CBP officers at the Port of New York/Newark seized wall chargers with counterfeit UL markings.

What is UL?
Underwriters Laboratory (UL) is a worldwide safety consulting and certification company based in Illinois. UL will test products and issue a UL mark. The UL mark means that someone from UL has tested a representative sample of a product and such product meets defined requirements based on UL’s published and nationally recognized safety standards.

Back to the seized wall chargers –
The seizure occurred back in late September when CBP officers inspection a shipment of imported merchandise for possible Intellectual Property Rights violations. Import Specialists from the CBP’s Electronics Center of Excellence and Expertise (eCEE) determined that 150,000 wall chargers had counterfeit UL markings.

The total MSRP of the wall chargers, if genuine is estimated to be $2.7 million.

My thoughts?
Customs places liability for counterfeit goods on the Importer of Record. It is important for the IOR to verify with the shipper that goods do not contain any counterfeit markings and meet all other requirements before importation to the US. This is especially true since the IR bears all the risk and loss from seizures for IPR violations.

If you or anyone you know has a customs seizure or received a penalty for IPR violations, contact experienced customs and trade attorney David Hsu at 832.896.6288 or by email at dhsu@givensjohnston.com.

More invasive mitten crabs seized.

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Screen shot of seized mitten crabs – source: cbp.gov

For some reason, CBP likes to post their invasive mitten crab seizures. According to the CBP website – last Wednesday, October 31st, CBP officers found 108 Chinese mitten crabs in a package labeled as a dress.

Mitten crabs are a delicacy in Asia and typically eaten.

The mitten crabs were seized and turned over to the New York State Department of Environmental Conservation (DEC). The article does not say what happened to the mitten crabs.

If you have received a notice of seizure or penalty notice from Customs, contact experienced trade attorney David Hsu at 832-896-6288 or by email at: dhsu@givensjohnston.com.

CBP seizes 900 pounds of invasive mitten crabs.

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Screen grab of a Chinese mitten crab, source: CBP.gov website

In mid-October, U.S. Customs and Border Protection officers seized nearly 900 pounds of the invasive Chinese mitten crabs. For some reason CBP frequently publicizes their mitten crab seizures and this is the second they have posted about mitten crab seizures (there have been a total of 3 interceptions in Chicago in October).

The mitten crabs are considered a delicacy food, but cause damage to their non-native habits, with the mitten crabs even earning recognition as one of “100 of the World’s Worst Invasive Alien Species”.

According to CBP, agriculture specialists seize more than 352 pests and 4,638 quarantine materials on any given day in Fiscal Year 2017.

If you have had a customs seizure or received a seizure notice, penalty or fine, contact experienced trade attorney David Hsu at 832-896-6288 or by email at dhsu@givensjohnston.com.

Customs seizes counterfeit Mercedez parts valued over $1.8 million.

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Photo by Ingo Joseph on Pexels.com

U.S. Customs and Border Protection (CBP) seized suspected counterfeit Mercedes Benz auto parts in Philadelphia shipped from China New Jersey. If the parts were authentic, the value of the counterfeit goods retailed at approximately $1,764,126 in value.

The shipment from Yangshan, China was labeled as “other parts and accessories of motor vehicles”. The trademarked Mercedes logo and origin of the shipment raised CBP’s suspicion of the authenticity of the goods.

Without going into detail, the CBP media release says CBP has their own inspection methods and use computer databases to find counterfeit goods that may be imported to the US.

If you had your shipment seized for suspected counterfeit of goods – contact experienced trade attorney David Hsu at 832-896-6288 or by email at dhsu@givensjohnston.com.

 

CBP stops harmful Asian Gypsy Moth found aboard a vessel.

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In late April, U.S. Customs and Border Protection (CBP) agriculture specialists stopped the importation of viable eggs of the Asian Gypsy Moth found aboard a vessel

Once the vessel arrived at the port, CBP agriculture specialists found egg masses which they suspect were to be the Asian Gypsy moth.

The Asian gypsy moth is harmful to US vegetation because it feed on trees and plants. The danger is further highlighted by the fact a female gypsy moth can lay hundreds of eggs that develop into caterpillars.

If you have had a vessel detained by CBP and received a notice from CBP regarding pests – contact experienced customs attorney, David Hsu at 832-896-6288 or by email at dhsu@givensjohnston.com.

Khapra Beetles intercepted by CBP in Houston.

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Photo by Jeerayut Rianwed on Pexels.com

Back in August, U.S. Customs and Border Protection (CBP) agriculture specialists stopped Khapra beetles from entering the US at George Bush Intercontinental Airport (IAH). CBP found these invasive pests hidden among travelers arriving from Sudan, India and Turkey. The Khapra beetle and cast skin remains are known to be found in dry fava beans, dried coriander seeds and dried dates.

Khapra beetles are resilient bugs that can live without food for long periods of time and known to be resistant to insect sprays. They typically feed on grain and cereal but can eat other food products to survive – as such the introduction of the Khapra bettle would be damaging to US agriculture.

According to CBP – agricultural specialists intercept over 352 agricultural pests per day. If you have a pest issue or CBP sent you a notice regarding wood packaging materials – contact experienced customs and WPM/wasps attorneys at 832.896.6288 or by email at dhsu@givensjohnston.com.

135 Chinese Mitten Crabs seized in Indianapolis.

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By Christian Fischer, CC BY-SA 3.0, https://commons.wikimedia.org/w/index.php?curid=342346

CBP reported on September 18th, the seizure of 135 Chinese Mitten Crabs. Also known as the “Shanghai hairy crab”, these burrowing crabs are named after their furry claws that resemble mittens.

Mitten crabs are invasive species that burrow causing damage to embankments and clogging drainage systems and as such it is illegal to import, transport or possess live Chinese Mitten Crabs in the US.

If you have any import, export or compliance questions, contact David Hsu at 832-896-6288 or by email at dhsu@givensjohnston.com.

CBP reports first encounter with Rosy Gypsy Moth from transport ship in Baltimore.

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Photo by Sascha Hormel on Pexels.com

CBP issued a press release yesterday reporting the first encounter of the Rosy Asian Gypsy Moth (AGM) (species: Lymantri mathura). CBP with the U.S. Department of Agriculture discovered the moth aboard a ship in Baltimore and suspect the destructive pest may have been due to a June part call in Japan (a high risk AGM area).

The USDA says the AGM is a threat to forests and urban landscapes as the moth can travel up to 25 miles per day and lay egg masses which yield hundreds of hungry caterpillars. The hungry hungry caterpillars are said to be voracious eaters that attack more than 500 species of trees and plants.

If CBP Agriculture Specialists have detained your vessel at a port and there are issues of whether to turn the ship around or fumigate – call experienced attorney David Hsu at 832-896-6288 or by email at dhsu@givensjohnston.com.