What is a Customs Form 28 (CF-28)(CBP Form 28) Request for Information?

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Image of the CF-28, source: CBP.gov

If you are an importer, you may have received a Customs Form 29 (CF-29) or CBP Form 28. This form is an official request for information from Customs.

Why did I receive a CBP Form 28?
Upon importation of your goods, if Customs finds incomplete, inaccurate or insufficient information, they will send a CF 28 to your office.

What does Customs ask for?
Customs will ask for different things depending on what you imported. They could ask for more information or ask for a sample, or any additional information related the specific goods you imported.

What are some common reasons to receive a CF-28?
Most common issues relate to HTS code classification, intellectual property rights, antidumping and countervailing duty and more.

Do I need to respond?
Yes, you need to respond honestly to the CF-28 wihtin the time specified on the letter. A response is due 30 days from the date of the request (the Date of Request is located in box #1 at the top left corner of page 1).

What do I do if I receive a CF-28?
1. Make a note of the due date.
2. Try to respond as quickly as possible.
3. Answer all questions, be sure to look at box 14 to see if there are any additional items you are asked to provide.
4. Talk to your Customs broker if you need copies of any documents.
5. Respond to all questions honestly

Feel free to reach out to Customs if you have questions. The CF-28 will contain the name, email and telephone number of the CBP Official in boxes 17-21 at the bottom of the page.

If you have any questions on how to respond to the CF-28, contact experienced Customs attorney David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com, dh@gjatradelaw.com.

CBP Returns artifacts to Cyprus Government

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Image of seized coins being returned to the Cyprus Government; source: CBP.govQ

Back in 2009, U.S. Customs and Border Protection’s (CBP) seized a shipment of ancient coins in a 2009 air cargo shipment from London to a coin collector in Missouri. CBP officers seized the coins and sent a request to the coin collector for documentation to show they could import the goods.

In general, CBP is tasked with returning cultural property (arts, artifacts, antiques, etc) to the country that owns the cultural property. CBP does require importers to have the correct documents to show they have the ability to import the goods in to the US. In the instnat seizure, the collector in Missouri told CBP they did not have authority from Cyprus and the coins were seized. Recently, the coin collector lost their legal battle and the coins were returned to the government of Cyprus in a ceremony at the Cyprus Embassy in Washington D.C.

According to the Customs media release:

An appraisal determined that the collection dated from the Roman Empire, from several periods during 81 BC through 217 AD. The collection includes:

Two bronze coins from an unspecified Roman period
One coin from the Ptolemaeus period, 81 BC -58 BC
One coin from the Augustus period, 27 BC – 14 AD
Two coins from the Tiberius period, 14-37 AD
One coin from the Severan period, 193 AD – 217 AD

If you have had your import seized because they were a “cultural artifact”, contact experienced seizure attorney David Hsu to evaluate your options. Phone/text 832-896-6288 at anytime or by email at attorney.dave@yahoo.com, dh@gjatradelaw.com.

CBP intercepts dead birds sold as pet food from traveler from China.

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Image of seized small birds, source: CBP.gov

According to a U.S. Customs and Border Protection (CBP) media release, CBP officers seized a package of tiny dead birds in the luggage belonging to a traveler from China. The package was labeled as pet food and contained small birds of an unknown species about 2.5 to 3.5 inches in length.

All birds from China cannot be imported due to the threat of pathogens from avian influenza. According to the media release, the birds were seized and destroyed by incineration.

Questions about whether you can import something to the US? Give David Hsu a call/text at 832-896-6288, or email attorney.dave@yahoo.com, dh@gjatradelaw.com.

NY-titled vehicles cannot be exported.

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Photo by Ibrahim Boran on Pexels.com

As of February 7, 2020, U.S. Customs and Border Protection (CBP) will no longer allow vehicles titled in New York state for export because CBP and NY’s Department of Motor Vehicles can no longer share information.

New York no longer allows CBP (or any federal agency) to access their DMW records in order to prevent federal agencies from accessing the identity of illegal aliens who have a New York driver’s license.

If you are a vehicle exporter, do not purchase any New York titled vehicles.

Counterfeit Goods Seizure Act of 2019.

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Photo by Florian Köppen on Pexels.com

In early December 2019, the Counterfeit Goods Seizure Act of 2019 was introduced in the U.S. Senate to allow U.S. Customs and Border Protection (CBP) to enforce design patents at the border.

Currently, Customs has the power to enforce only copyrights and trademarks that have been previously recorded with Customs under Section 1595a(c)(2)(C) of Title 19 of the U.S. Code.

The new bill amends amending 19 U.S.C. § 1595a(c)(2)(C) to allow Customs discretionary power to seize and detain imported goods that infringe upon a recorded U.S. design patent.

The reason for this bill is because counterfeiters are capable of producing nearly 1 to 1 replicas of goods that avoid seizure by Customs because the counterfeit goods do not include the infringing trademark.

For example, in 2018, counterfeiters imported over $70 million in fake Nike shoes similar to the Air Jordan line and avoided customs by not including the trademarked logos – not surprisingly, Nike is one prominent supporter of the new bill.

If the bill passes, future counterfeit Air Jordan shoes omitting any trademarked labels would be subject to seizure as Customs would now be able to enforce design patents.

If you have had a seizure for suspected violations of intellectual property or 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.

Customs seizes $32,000 in currency from travelers.

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Image of seized unreported currency, source: CBP.gov

According to a U.S. Customs and Border Protection media release, CBP officers working at the San Antonio International Airport carried out 2 seizures of currency currency from travelers who under reported the amount of currency they were carrying.

In the first seizure, CBP officers stopped a pair of travelers arriving from Mexico. The travelers individually reported they were carrying less than $10,000, but upon subsequent questioning by CBP, admitted they divided the money amongst each other to get below the $10,000 threshold. This agreement among parties to divide the money amongst themselves is known as “structuring” in the eyes of Customs. The total amount seized from the two travelers totaled $14,807.

Similarly, in the second seizure, 2 Mexican nationals were detained and questioned regarding the amount of currency they were carrying. Both individuals reported carrying below the $10,000 threshold amount, however, they both admitted they divided the currency before boarding the flight. The combined amount of currency totaled $17,200.

In short, the two take aways are to always report how much currency you are carrying and to answer all questions by CBP truthfully.

Other tips to avoid currency seizures:

  1. Always declare any amounts you have.
  2. Always declare any currency (regardless of denomination), monetary instruments such as checks, cashier’s checks, money orders, etc.
  3. If you are traveling in a group, count the group as one.

While not mentioned, I believe the travelers were alerted to CBP by trained dogs and then the travelers were followed on camera prior to the flight.

“Travelers are provided multiple opportunities to mak

If you or someone you know have had their hard earned currency seized by Customs, contact experienced currency seizure attorney David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com, dh@gjatradelaw.com.

15,000 invasive mitten crabs seized since September 2019.

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Image of seized mitten crabs, source: CBP.gov

According to a US Customs and Border Protection media release, Customs agents in Cincinnati have seized 3,700 mitten crabs from China and Hong Kong in the past 4 months.

Over the past 4 months, 3,700 mitten crabs have been found in 51 shipments and were set to be delivered to New York. The shipments were labeled as “tools and various clothing articles”. Nationwide, Customs has seized over 15,000 mitten crabs since September 2019. The mitten crabs are considered a delicacy in Asia.

Here in the US, mitten crabs are an invasive species because they are omnivores and eat anything, impacting the food supply to aquatic plants, fish, algae, other crabs and all living organisms in the water. Mitten crabs are also especially invasive as they are found in fresh water when young and salty water in adult life. Mitten crabs also tend to burrow furthering land erosion and weakening levees and flood control measures.

If you have received a letter from Customs regarding the wrongful importation of invasive species or if you have questions about the exportation of foods that may be subject to Fish and Wildlife regulations, contact experienced Customs and seizure attorney David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com, dh@gjatradelaw.com.

CBP seizes $90,000 in counterfeit goods from Hong Kong.

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Image of seized goods. Source: CBP.gov

According to a U.S. Customs and Border Protection (CBP) media release, officers seized two shipments of counterfeit products arriving at Pittsburgh International Airport.

The first shipment’s manifest indicated the package contained men’s casual shoes. Upon inspection, CBP found a Rolex watch, LV bracelet, Christian Loubouton shoes, par of Amiri jeans, Gucci jacket and a LV sweatshirt. If authentic, the merchandise would have a manufacturer suggested retail price of $90,798.

In the second shipment, the packing list indicated phones cases – but instead contained designer brand charms and jewelry.

As is the case in most counterfeit seizures, poor quality of items and lack of authentic packaging were common indications of counterfeit merchandise.

CEE?
In all counterfeit seizure cases, CBP typically sends the counterfeited items to the Consumer Products and Mass Merchandising Centers for Excellence and Expertise (CEE for short). The CEE center is sort of a misnomer, as the CEE offices are located throughout the US and not in a centralized location. The CEE center then verifies the authenticity of the goods with the trademark holders. In all cases, the trademark holder will claim the seized goods are counterfeit.

So what happens after a seizure?
The importer of record (person who will receive the package) will receive a seizure notice by certified mail, return receipt requested. The importer of recorder can then either abandon the items, file a petition, offer in compromise or refer to court action.

If you have had a shipment seized by Customs for alleged counterfeit violations or if you have received a notice of seizure, contact experienced seizure attorney David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com, dh@gjatradelaw.com.

Invasive Gypsy Moth Eggs stopped by CBP.

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Image of the seized gypsy moth eggs, source: CBP.gov

According to a U.S. Customs and Border Protection (CBP) media release, CBP agriculture specialists found Japanese gypsy moth eggs on ocean freighters.

The eggs were found aboard the “Royal Hope” freighter and were removed by the ship’s crew and CBP agriculture specialists. The affected areas with the eggs were also sprayed by CBP with a pest spray oil.

These Japanese gypsy moth eggs are part of the overall Asian Gypsy Moth that damages trees and plants due to their big appetites. Additionally, the gypsy moth females are very mobile and travel up to 25 miles per day and can also lay egg masses that produce hundreds of hungry caterpillars.

Fortunately, there are no known infestations of the asian gypsy moth.

In the media release, CBP said the “Royal Hope” freighter from Ghent, Belgium was to pick up coal for export and prior to leaving Belgium, the royal Hope made a port call in Japan where they removed adult moths and egg masses prior to issuing a certificate clearing the vessel to depart.

If you or someone you know has received a notice from customs for suspected pests such as the asian gympsy moth (or any other invasive pest), 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 Officers seizes $19k in money from US travelers.

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Photo by John Guccione http://www.advergroup.com on Pexels.com

According to a U.S. Customs and Border Protection (CBP) media release, officers at Washington Dulles International Airport seized $19,000 in unreported currency from a couple of Morocco-bound travelers over the holidays. 

The couple was stopped at the airport (CBP will usually stop you as you board your flight) and told CBP they understood the federal currency reporting requirements. They then signed a document saying they possessed $8,000 in currency. As a side note – this is the FinCen form. I believe CBP stops people as they board the flight as people are usually in a hurry and want to just get on their flight – so may not correctly declare how much money they are carrying.

As you are aware, you have to report to CBP if you are carrying $10,000 in currency. CBP will not take it away and the amount is not taxed – it just has to be reported.

In this instance, CBP officers discovered $19,651 in currency (they will count the traveling group as 1, and not each individual member of the group). CBP also released back to the travelers $651 in what is known as “humanitarian purposes” before the travelers boarded their flight.

If you have had your hard earned money seized by Customs, or if you experience any customs seizure, contact experienced customs law attorney David Hsu by email/text at 832-896-6288 or attorney.dave@yahoo.com, dh@gjatradelaw.com.