I import clothes from China, will the clothes be banned?

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According to Reuters, China’s Ministry of Commerce claims the US’s recent legislation banning imports of goods from the Xinjiang region as “economic bullying”. The Xinjiang region in China is a large manufacturer of cotton and solar panels and last week’s signing of the import ban will heavily impact US imports of clothing from China.

If you are an importer of any type of clothing or goods made from cotton shipped from China, you may be wondering whether the ban will impact you.

The short answer is: YES.

While the ban specifically mentions the Xinjiang region, enforcement by U.S. Customs and Border Protection (Customs) will apply to goods manufactured elsewhere in China and shipped to the US. From our experience – Customs will ask importer of records who import textiles to prove the cotton is not from the Xinjiang region.

Good shipped from any port in China will be subject to the same scrutiny and it is important to take action now to limit any Customs delay will have on your import (and your business).

If you are an importer of record, I strongly suggest the following:

  1. Email the manufacturer and ask about the supply chain and sourcing of materials.
  2. Ask your supplier where the cotton is from, is it from Xinjiang?
  3. Ask your supplier for proof and documentation of where they source the cotton.
  4. Ask for something in writing (affidavit/certification/etc.) that you can provide in the event CBP sends a CF-29 or detains/seizes your merchandise.

If you want to get an import compliance manual in place – or have any questions about maintaining import compliance with respect to the most recent ban, or any other import risks – contact David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com, DH@GJATradeLaw.com.

Banned! Cotton from Xinjiang, China.

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In early December, the House and Senate unanimously passed a law banning the importation of products made from China’s Xinjiang region. The bill that passed both houses was signed on December 23rd by President Biden. The new bill requires suppliers to prove their products were not produced using forced labor. As previously posted on this blog – many products such as cotton and solar panels are imported from the Xinjiang region of China. In response, China has denied allegations of forced labor.

If you import any clothing from China, contact our office for a free consultation on how you can avoid any upcoming import compliance issues. Contact David Hsu anytime by phone or text at 832-896-6288 or by email at attorney.dave@yahoo.com, DH@GJATradeLaw.com.

CBP seizes over $30 million in fake designer goods.

Image of seized goods, source: CBP.gov

According to a CBP media release, CBP officers at the Los Angeles/Long Beach seaport seized over 13,586 counterfeit designer products arriving from a shipment from China.

For goods suspected of being counterfeit, CBP officers will work with a Center of Excellence and Expertise (CEE) – in the instance of goods suspected to be counterfeit – CBP will work with the Consumer Products and Mass Merchandising (CPMM) CEE.

The CEE will typically send images or samples of detained merchandise to the trademark or intellectual property rights holder for verification whether the goods are authentic or not. In 99.99% of the time, the trademark holder will tell CBP/CEE the goods are not authentic.

In the instant seizure, the counterfeit goods included handbags, tote bags, shoulder bags, crossbody bags, backpacks, shirts, and pants displaying brand names such as Gucci, Chanel, Fendi, YSL and Louis Vuitton. If genuine, the seized goods would have a combined MSRP of approximately $30,473,775.

CBP officers examining a detained purse, source: CBP.gov

Typically after a seizure, CBP will issue a seizure notice to the Importer of Record. This seizure notice will be sent by certified mail, return receipt requested. If you have received a seizure notice, contact David Hsu for immediate assistance by phone or text at 832-896-6288 or by email at attorney.dave@yahoo.com.

TPP discusses UK membership.

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According to the Kyodo news, the current 11 members of the Trans-Pacific Partnership (TPP) began discussing the United Kingdom’s bid to join the trade pact. If approved, the UK will be the 12th member since the creation of the TPP in 2018. At the time of this post, China and Taiwan have also submitted applications to join the free trade agreement.

While typically known as the TPP, the official name is called the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, or CPTPP. The chair of the organization rotates and the current chair is Japan.

Entry to the CPTPP requires applicant countries to revise their domestic laws and regulations to meet TPP criteria. If approved, the UK will join Brunei, Chile, Malaysia, Mexico, New Zealand, Peru, Singapore and Vietnam.

US detains solar panel imports due to forced labor concerns.

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Back in June of 2018, U.S. Customs and Border Protection imposed a ban on solar panels from a company called Hoshine Silicon – a producer of raw materials used in the manufacturing of solar panels. The ban was instituted by CBP under the forced labor provisions – in which CBP can block goods believe to have been made using forced labor. Hoshine Silicon operates plants in China’s Xinjiang region and is suspected of using forced labor. Forced labor covers a broad range of actions by the employer and in the case of Hoshine, it is believed they intimidate workers and restrict their movements. Hoshine is also believed to be participating in state-sponsored employment programs targeted towards minorities in the Xinjiang region into factory jobs – forced labor in that there is no choice but to accept the jobs.

Hoshine plays a major role in the manufacturing of solar panels and the raw materials they sell are sold to at least 8 of the largest polysilicon manufacturers, also based in China. The polysilicon is then used to make solar panels. The largest solar manufacturing companies are based in China due to cheap electricity and other low manufacturing costs. Some human rights watchdogs claim the use of forced labor is another factor driving down the prices of Chinese solar panels.

If you have had your goods detained based on suspicion of being manufactured using forced labor – contact David Hsu by phone or text anytime at 832-896-6288 or by email at attorney.dave@yahoo.com.

Taiwan’s CPTPP application followed by China’s CPTPP application.

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According to a Reuters article, Taiwan’s economy minister, Mei-hua Wang, voiced concern last week after China’s “sudden” decision to apply to join the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) following Taiwan’s application.

In response, the Taiwan economy minister claims China’s current policies are counter to the principles of free trade and transparency expected by CPTPP members – such as China’s use of import bans and potential inability to meet the high standards required of CPTPP participating countries.

According to the Reuters article, one such motivation for China’s sudden application is because China views Taiwan as part of its territory and does not want Taiwan to join before they join.

The CPTPP was originally going to be known as the Trans-Pacific Partnership (TPP) but the trade agreement was drastically changed in 2017 when former President Donald Trump withdrew the US from the agreement. This led to creation of the current CPTPP linking the following countries: Canada, Australia, Brunei, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore and Vietnam.

Besides Taiwan and China, Britain is also applying for membership.

Lastly, Reuters writes Taiwan has been heartened by recent progress towards trade agreements with the United States and the European Union, which are both frustrated with China’s lack of progress in opening its economy and are keen to show their support for Taiwan’s democracy and much freer market policies.

Counterfeit auto parts seized by CBP.

Seized shipment of counterfeit auto parts; source: CBP.gov

According to a U.S. Customs and Border Protection (CBP) media release, officers in Philadelphia seized counterfeit Chinese vehicle parts in June consisting of door locks, hinges, powered mirrors, steering wheel switches, headlights and taillights, grills, rear bumpers, and paint kits. As the goods from China were branded with “Mercedes-Benz”, CBP officers suspected the goods may have been counterfeit. CBP Officers confirmed with the trademark holder and seized the goods for being counterfeit. The estimated retail value of the goods, if authentic totals $295,052.

If your shipment of goods from China has been detained or seized for suspicion of being counterfeit, contact David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com 24/7 for immediate assistance.

Withhold Release Order issued for Xinjiang Production and Construction Corps.

white flowers in tilt shift lenswhite flowers in tilt shift lens

The U.S. Department of Homeland Security announced today that U.S. Customs and Border Protection (CBP) at the over 400 ports of entry into the US will detain all shipments from Xinjiang Production and Construction Corps (XPCC).

The Withhold Release Order (WRO) was issued for XPCC based on information that reasonably indicates XPCC uses forced and convict labor in their cotton and cotton products.

The recent WRO is the sixth issued by CBP against goods manufactured by forced labor in China’s Xinjiang Uyghur Autonomous Region. Under a WRO, importers have two options,

Federal statute 19 U.S.C. 1307 prohibits the importation of merchandise mined, manufactured, or produced, wholly or in part, by forced labor, including convict labor, forced child labor, and indentured labor. This WRO will require detention at all U.S. ports of entry of all cotton products produced by the XPCC and any similar products that the XPCC produces. Importers of detained shipments have two options – export the shipment or demonstrate the merchandise was not producd with forced labor.

If you have had your shipment detained for a violation of an active WRO – contact trade attorney David Hsu by phone or email at 832-896-6288 or attorney.dave@yahoo.com.

Suspected goods made from Chinese forced labor seized by CBP.

Image of seized gloves; source: CBP.gov

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 attorney.dave@yahoo.com.

Customs seizes fake watches valued at nearly $2 million.

Image of seized watches, source: CBP.gov


U.S. Customs and Border Protection (CBP) officers in Ohio seized 54 counterfeit watches from two packages shipped from China – and according to CBP, if authentic would total over $1.9 million.

According to Customs, the fake watches were replicas of luxury brands such as: Audemar Piguet, Rolex, Cartier, and Gucci. The watches were manifested as “timers and “watch” with a declared value of $33 and $200.

Author’s note – usually Customs will detain suspected counterfeit goods and then verify the authenticity of the watches. Authenticity usually occurs by sending photos or samples to the property rights holder. 100% of the time the property rights holder will say the goods are counterfeit. During this period of time, there is nothing for the importer to do, except wait to receive notice the goods will be seized. A “Notice of Seizure” will be sent to the address where the watches were to be sent – after you receive a Notice of Seizure, be sure to mark the date of the letter. You will have 30 days to respond to a seizure notice.

If you have received a seizure notice and want to discuss your options – call David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com.