Is North Korean Labor used in your supply chains? Beware of the Countering America’s Adversaries Through Sanctions Act (CAATSA).

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Is North Korean Labor used in your supply chains? The answer should be no, and if you are not sure, then you need to be aware of the Countering America’s Adversaries Through Sanctions Act (CAATSA).

In early December, U.S. Customs and Border Protection (CBP) authorized the detention of merchandise from multiple China-based companies – Jingde Trading Ltd., Rixin Foods. Ltd., and Zhejiang Sunrise Garment Group Co. Ltd. at all U.S. ports.

This enforcement action is the result of a CBP investigation indicating that these companies use North Korean labor in their supply chains in violation of the Countering America’s Adversaries Through Sanctions Act (CAATSA).

The CAATSA prohibits any goods that are produced, or manufactured in whole or in part by North Korean nationals or North Korean citizens anywhere in the world – unless the importer or manufacturer can provide clear and convincing evidence the goods were not made by convict labor, forced labor, or indentured labor.

To enforce the CAATSA – CBP can detain any merchandise suspected of violating CAATSA at all ports of entry into the US.

If you have received notice of a CAATSA violation – please note, you have 30 days to provide clear and convincing evidence forced labor was not used. If you have received a notice – contact David Hsu immediately by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com; DH@GJATradeLaw.com.

Any delay may result in seizure and or forfeiture of your goods. Also, if you are aware of any company or manufacturer importing goods made in violation of CAATSA, please also contact David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com; DH@GJATradeLaw.com. All communications are confidential and subject to attorney/client privilege.

“Pop” Toys Seized by CBP

According to a U.S. Customs and Border Protection (CBP) media release, CBP officers in New Orleans seized a shipment of popular fidget toys that “pop”. You may not know the name but you have probably seen school kids talk about “pop-its”. Pop-it’s are a new-ish fad replacing the fidget spinners from a few years back. Most pop-its are in various bright colors and shapes varying in “2×2” configuration with a keychain or up to “20×20” and larger.

The pop-it’s mimic the bubble wrap used to protect items in transit – but unlike bubble wrap – can be reused by turning over the pop-it.

While most pop-its are in basic geometric shapes, some manufacturers overseas (China), are importing pop-its in the shape and or image of counterfeit trademark items such as Star Wars characters, Marvel characters, clothing brands and even Simpsons characters (see sample images below from Customs of the counterfeit goods):

Counterfeit “Bart Simpson” pop-it; source: CBP.gov
“Yoda” pop-it; source: CBP.gov

The above images were seized by CBP in New Orleans and were discovered in a large shipment from Shenzhen, China. As expected, CBP seized the goods due to their counterfeit nature.

If you have had your goods seized by CBP for suspicion of being counterfeit – contact customs seizure attorney David Hsu by phone/text at anytime: 832-896-6288 or by email at attorney.dave@yahoo.com.

3,200+ importers file cases with the CIT!

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As you are aware, the HMTX Industries LLC, et al., v. U.S., action initiated Sept. 10, 2020, in the U.S. Court of International Trade (“CIT”) alleges the U.S. failed to comply with applicable law when it imposed the additional “List 3” and “List 4a” duties on certain imports from China. Since the filing, over 3,200+ importers have filed their own “piggyback” actions in the CIT.

As the 2-year limitations period likely expires this upcoming Thursday, September 24th, I expect many more importers to file additional cases.

If you paid 25% duties under the Section 301 List 3 and List 4A duties and want to also preserve your opportunity to receive a future refund – contact David Hsu immediately by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com, dh@gjatradelaw.com.