Counterfeit Pokemon, gotta catch ’em all!

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Seized Pokemon, source: CBP.gov

Pennsylvania U.S. Customs and Border Protection (CBP) officers didn’t catch them all, but they did catch 86,000 of them. The seized shipment from Hong Kong was described as “plastic furnishing articles” but instead contained counterfeit Pokemon figurines in 15 boxes.

The figurines were seized for violations of violating U.S. intellectual property rights along with being a potential choking hazard. The estimated value of the shipment, if authentic is approximately $603,936. CBP usually tests counterfeit toys for lead levels, but did not do so in this instance.

If your goods have been seized by Customs, contact David Hsu by phone/text for a no cost or obligation consultation at 832-896-6288, or by email at attorney.dave@yahoo.com, dh@gjatradelaw.com.

CBP seizes unsafe toy ducks.

According to a U.S. Customs and Border Protection (CBP), CBP officers at the Georgia seaport seized 5,000 stuffed toy ducks after tests found the ducks contained excessive amounts of lead.

The container arrived from Hong Kong and was labeled in boxes labeled “Doctor Duck”. The toys were detained and a sample was shipped to the Consumer Product Safety Commission (CPSC) for testing.
Test results found the toys contained excess levels of lead and cannot be entered into the US, meaning the next step for CBP will be to destroy the over $100,000 worth of toys.
If your shipment has been seized for excessive lead paint, contact David Hsu for a no cost consultation at 832-896-6288 or by email to attorney.dave@yahoo.com, dh@gjatradelaw.com.

Children’s clothing seized by CBP for excessive lead levels and flammability risks.

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Seized clothing, source: CBP.gov

According to a U.S. Customs and Border Protection (CBP) media release, CBP officers seized commercial shipments of girls clothing and pajamas. The shipment from China was tested by the Consumer Product Safety Commission (CPSC) and found to contain excessive amounts of lead, violating the Federal Hazardous Substances Act. The other shipment contained pajamas also manufactured in China. Upon testing by the CPSC, Customs found the pajamas failed the flammability requirements under the Flammable Fabrics Act.

As a result of the violations, Customs seized the merchandise and will likely destroy the goods. I do not see any possibility the FPF paralegal would allow these goods to be entered into the US.

As I previously mentioned, CBP will first detain a shipment, have the shipment tested and then seize the shipment. After a seizure, Customs will send a Notice of Seizure to the importer of record for both shipments. Given the value of the shipment, $700 for the clothing and $1,500 for the pajamas, I don’t believe an importer of record will contest the seizures, much less hire an attorney to handle the seizure.

If you have had your goods seized for violating the CPSC regulations, Flammable Fabrics Act, the Federal Hazardous Substances Act or any other regulations from the alphabet soup of federal agencies, call experienced seizure attorney David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com, dh@gjatradelaw.com.

Children’s toys containing lead seized by CBP.

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Image of seized toys containing lead, source: CBP.gov

According to a U.S. Customs and Border Protection (CBP) officers seized 190 toy finger puppets after it was determined that they contained excessive amounts of lead. The article does not specify the country of origin, but does say the shipment originated from Ottawa, Ontario and destined for a distribution center in the US.

CBP officers detained the shipment of toys to examine whether the toys contained lead in the paint. With the involvement of the Consumer Product Safety Commission (CPSC), they determined the toys were contaminated with lead. As a result, the finger puppets will be destroyed by CBP.

If you have had a shipment seized by Customs, contact experienced seizure attorney David Hsu for immediate help by cell/text at 832-896-6288, or by email at attorney.dave@yahoo.com, dh@gjatradelaw.com.

CBP seizes toys without proper labels – won’t somebody think of the children?

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Image of the seized toys. Source: cbp.gov

According to a U.S. Customs and Border Protection (CBP) media release, CBP officers at the Champlain Port of Entry seized a shipment of toys valued at $28,747 due to a lack of a required tracking label and lack of a General Certificate of Conformity as required by the Consumer Product Safety Act.

What is a General Certificate of Conformity (GCC)?

  1. A GCC is required for products made overseas or by a US manufacturer of a domestically produced good.
  2. The certificate reflects the results of a test of each product.
  3. An extensive list of all non-children’s products requiring a test can be found here.
  4. The GCC is accompanied with a shipment and manufacturers/importers must provide GCC to a distributor or retailer.
  5. If a manufacturer or importer sells direct to consumers, then no GCC is necessary.
  6. If you would like a Sample GCC form, please email me.
  7. A GCC does not need to be filed with the Government.
  8. Electronic certificates are okay, with some manufacturers and importers posting their certificates online.
  9. A GCC is required for EACH shipment.
  10. A GCC does not need to be signed.
  11. Failure to provide a GCC could lead to civil and criminal penalties.

If you have any questions or want to be in compliance with the GCC requirements, contact David Hsu at 832-896-6288 or by email at dh@gjatradelaw.com, attorney.dave@yahoo.com.

CBP seizes goods for lead in paint.

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Image of seized brushes, source: cbp.gov

U.S. Customs and Border Protection (CBP) officers in Baltimore seized 790 children’s hair brushes from China. The children’s folding hair brushes contained a mirror and were included in a shipment which included “hats, gloves, hookah”. A sample of the shipment was sent to the U.S. Consumer Product Safety Commission (CPSC) to conduct a chemical analysis.

The CPSC advised CBP that the brushes contained excessive lead levels – more than 2,500 parts per million. In general, all children’s products made or imported into the US must not contain more than 100 parts per million of total lead content in “accessible parts”.

The appraised value of the seized goods carry a suggested retail price (MSRP) of $5,522. As the lead content is hazardous to children, the brushes will be destroyed by CBP.

While America took had the lead paint abatement initiative starting in the 70’s, the rest of the world is yet to fully rid the use of lead in many paints. Excessive amounts of lead are harmful to children if the accessible parts are placed in their mouths. Lead in paint causes illness and excessive levels further damage the a child’s development.

If you have any import/export questions, contact experienced trade attorney David Hsu at 832-896-6288 or by email at attorney.dave@yahoo.com, dh@gjatradelaw.com.

CBP seizes counterfeit dolls and toys with excessive lead levels.

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Photo by Tom Fisk on Pexels.com

According to a Customs media release on September 14, 2018, CBP officers at the International Falls Port of Entry detained several rail containers transporting toys with counterfeit items and toys with prohibited lead levels.

Customs seized the first container of 2,459 die cast “transporter carry case” filled with toy cars for excessive lead levels.

The second container was seized for containing 5,460 fashion dolls that violated copyright protected markings. The media release claimed the suggested retail price was $139,145.

As Christmas and the holidays approaches, I believe this is only the beginning of more seizures. If you have had your shipments seized for intellectual property right violations, contact trade attorney David Hsu at 832-896-6288 or by email at attorney.dave@yahoo.com.