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.

Trump administration focusing on stopping online sale of counterfeit goods.

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Photo by bruce mars on Pexels.com

According to a report released by the Department of Homeland Security last week, the Trump administration is taking “immediate action” against the sale of counterfeit goods by fining and issuing other penalties to online marketplaces such as eBay and Amazon.

Click here for the full report of the “Combating Trafficking in Counterfeit and Pirated Goods – Report to the President of the United States“.

Other parts of the plan include suspending repeat offenders, issuing civil fines and penalties and investigating and prosecuting intellectual property violations throughout the supply chain. While the goal of the new plan was in the report, details of actual new measures to be taken were not.

The recently issued report is a result of President Trump’s call to action for the Department of Homeland Security to look at slowing the sale of counterfeit goods on third-party websites like eBay and Amazon.

Last year, the US government seized over 28,000 shipments containing counterfeit goods valued at about $1.5 billion dollars.

If you were the importer of record and received a seizure notice for importing goods that were determined to be counterfeit by Customs – contact experienced seizure attorney David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com, dh@gjatradelaw.com.

End of the Customs Broker’s District Permit?

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Photo by Tom Fisk on Pexels.com

For the past several years, there have been efforts within CBP to remove the requirement for individual district permits. Just recently CBP published a Notice of Proposed Rulemaking to take the first step to getting rid of the district permits (see: https://www.cbp.gov/trade/programs-administration/customs-brokers).

The proposed rules will likely address the Commercial Customs Operations Advisory Committee’s (COAC) recommendations. Some recommendations are listed below:

  1. “District permit” and “national permit” will be replaced with “the permit” to reflect a single permit functioning at the national level.
  2. Single permit allows brokers to have authority to conduct customs business at the national level.
  3.  Transition to a single permit.
  4.  Brokers need to show evidence how they intend to exercise responsible supervision and control.
  5.  Enhancements to ACE for broker reporting and streamlining broker reporting.
  6.  Requires the Power of Attorney come from the importer to the broker.
  7.  Removing specific feed dollar amounts
  8.  Require customs business may be conducted only within the customs territory of the United States.

If you need help or have questions about this transition, give David Hsu a call/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.

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.

Customs agents in Puerto Rico seize counterfeit goods valued over $5.3 million.

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Images of seized goods in Puerto Rico, source: CBP.gov

According to a U.S. Customs and Border Protection (CBP) media release, agents in Puerto Rico seized over 289 shipments of counterfeit goods destined for addresses in Puerto Rico.

A composite photo of a sampling of seized goods include counterfeit LV, Gucci, Apple and Supreme. If authentic, Customs valued the shipments of seized goods totaling over $5.3 million. Other seized goods include watches, jewelry, bags, clothing and sunglasses featuring brands such as Hublot, Pandora, Nike, and Rolex.

If you or someone you know has received a notice of seizure for counterfeit goods, 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 $21,000 in unreported currency.

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Image of seized currency, source: CBP.gov

According to a U.S. Customs and Border Protection (CBP) media release, CBP officers seized $21,255 in unreported currency from traveler headed to Pakistan departing from Washington Dulles International Airport.

The passenger was headed to Pakistan through Turkey and was stopped for further inspection prior to boarding the plane. The traveler reported she had $6,000 and also told Customs officials she understood the currency reporting requirements.

Most of the time, Customs will make a traveler sign the FinCen 105 form before conducting a more detailed inspection.

After the traveler declared she had $6,000, a subsequent search by officers revealed she was carrying a combined $21,255. Customs returned her $255 for “humanitarian purposes” and seized $21,000 for violation of currency reporting requirements.

Depending on the amount seized, Customs may or may not return some money to the traveler for “humanitarian purposes” and the amount is discretionary.

Customs may or may not issue civil and criminal penalties for violation US currency requirements – in this instance, HSI was not involved so I do not believe Customs will pursue any criminal penalties.

If you have had your hard-earned currency seized by Customs, call experienced currency seizure attorney David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com, dh@gjatradelaw.com. There are certain deadlines that must be met to ensure your seized currency is not forfeited.

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.