$1.7 million in fake Nike shoes seized by CBP.

woman sitting on ledge

Photo by Wendy Wei on Pexels.com

According to the CBP media release, CBP officers in New York/Newark seized nearly 9,024 pairs of counterfeit Nike speakers. If genuine Nike products, the total value of the shipment equaled almost $1.7 million dollars.

The shipment of sneakers was from Dongguan City. Dongguan is a city in Guangdong (Canton) Province and borders Shenzhen and Hong Kong. When CBP suspects goods to be counterfeit, CBP will take photos and submit the photos or samples to the trademark holder. In this case CBP’s Apparel Footwear and Textiles Center for Excellence and Expertise sent the images to Nike where the images were determined to represent fake shoes.

The rest of the news release mentions ICE and Homeland Security Investigations will continue to investigate and look into the destination address in Chino, California. Given the value of the funds and the referral to ICE and HSI, it is likely CBP will look further into this shipment and may involve criminal charges for the importer of record.

If you have had your shipment seized on the basis of suspected counterfeit goods, or if you receive a penalty notice or seizure notice, contact experienced trade attorney David Hsu at 832.896.6288 or email at dhsu@givensjohnston.comdhsu@givensjohnston.com for immediate assistance.

 

 

CBP seizes wall charges bearing counterfeit “UL” markings.

UL

By Underwriters Laboratories (Underwriters Laboratories) [Public domain], via Wikimedia Commons

A U. S. Customs and Border Protection media release today reported that CBP officers at the Port of New York/Newark seized wall chargers with counterfeit UL markings.

What is UL?
Underwriters Laboratory (UL) is a worldwide safety consulting and certification company based in Illinois. UL will test products and issue a UL mark. The UL mark means that someone from UL has tested a representative sample of a product and such product meets defined requirements based on UL’s published and nationally recognized safety standards.

Back to the seized wall chargers –
The seizure occurred back in late September when CBP officers inspection a shipment of imported merchandise for possible Intellectual Property Rights violations. Import Specialists from the CBP’s Electronics Center of Excellence and Expertise (eCEE) determined that 150,000 wall chargers had counterfeit UL markings.

The total MSRP of the wall chargers, if genuine is estimated to be $2.7 million.

My thoughts?
Customs places liability for counterfeit goods on the Importer of Record. It is important for the IOR to verify with the shipper that goods do not contain any counterfeit markings and meet all other requirements before importation to the US. This is especially true since the IR bears all the risk and loss from seizures for IPR violations.

If you or anyone you know has a customs seizure or received a penalty for IPR violations, contact experienced customs and trade attorney David Hsu at 832.896.6288 or by email at dhsu@givensjohnston.com.

CBP seizes 900 pounds of invasive mitten crabs.

mitten crab

Screen grab of a Chinese mitten crab, source: CBP.gov website

In mid-October, U.S. Customs and Border Protection officers seized nearly 900 pounds of the invasive Chinese mitten crabs. For some reason CBP frequently publicizes their mitten crab seizures and this is the second they have posted about mitten crab seizures (there have been a total of 3 interceptions in Chicago in October).

The mitten crabs are considered a delicacy food, but cause damage to their non-native habits, with the mitten crabs even earning recognition as one of “100 of the World’s Worst Invasive Alien Species”.

According to CBP, agriculture specialists seize more than 352 pests and 4,638 quarantine materials on any given day in Fiscal Year 2017.

If you have had a customs seizure or received a seizure notice, penalty or fine, contact experienced trade attorney David Hsu at 832-896-6288 or by email at dhsu@givensjohnston.com.

$24,000 in unreported currency seized in Massena, NY.

bank notes bills cash currency

Photo by Pixabay on Pexels.com

In late September, U.S. Customs and Border Protection (CBP) Officers at the Massena Port of Entry (in New York just south of the border with Canada) seized approximately $24,000 from a Cambodian citizen entering the US.

According to the CBP media release, the traveler was taken for a secondary examination and re-questioned whether he had any currency to declare. CBP requires all currency and monetary instruments valued at $10,000 or above be declared before leaving or entering the US.

When the traveler replied no, a vehicle inspection discovered the $24,000 of currency in the center console of the car and in the waistband of the traveler. Customs seized the currency and denied admission for the traveler to enter the US.

If you or anyone you know has had their currency seized by customs at any port of entry, contact experienced customs currency and cash seizure attorney David Hsu at 832-896-6288 or by email at dhsu@givensjohnston.com. We can help you regardless of which city, state or country you live – call today.

 

Homeland Security records largest counterfeit seizure ever – $500 million.

chanel paris eua de parfum bottle

Photo by Jess Watters on Pexels.com

A little bit of background – Homeland Security Investigations (HSI) is a component of U.S. Immigration and Customs Enforcement (ICE). ICE is a federal agency under the Department of Homeland Security (DHS) and responsible for enforcing over 400 federal statutes within the United States.

Last Thursday (August 16th, 2018) was the culmination of a six year investigation into the importation and sale of fake luxury goods – ending with HSI officials reported seizing enough counterfeit luxury bags and belts to fill 22 shipping containers and the arrest of 33 people, all of Chinese descent.

HSI reported the seized goods included popular luxury brands “including Gucci, Tory Burch, Hermes, Coach, Burberry, Michael Kors and Louis Vuitton” along with knockoff Chanel perfume.

With an estimated loss in retail value of nearly $500 million, this seizure is the largest counterfeit seizure in history, besting the 2012 seizure of $325 million worth of fake goods.

If you have had problems with CBP seizing goods due to alleged counterfeit or trademark violations, call experienced trade and customs attorney David Hsu at 832.896.6288 or by email at dhsu@givensjohnston.com.

CBP seizes $10 million in counterfeit luxury watches.

classic design elegant fashion

Photo by Pixabay on Pexels.com

This past Thursday (June 28th), Philadelphia U.S. Customs and Border Protection (CBP) officers seized 699 luxury watches with a MSRP of nearly $10 million (if authentic).

The shipment was from Hong Kong, China and labeled as “lithium batteries”. Upon inspection, CBP officers found watches bearing luxury watch names such as: Tous, Hublot, Piguet, Panerai, and Fossil among others.

CBP probably questioned the shipment as luxury watches that are authentic are usually not sent from Hong Kong. In the media release, CBP officers also claimed the watch quality and packaging was poor – a typical dead give away for counterfeit goods.

If you have had any good seized by CBP on suspicion of being counterfeit, there are things we can do – call David Hsu, experienced trade and customs attorney for a free consultation and the next steps: 832.896.6288 or by email at dhsu@givensjohnston.com.

CBP seizes counterfeit mermaid and fashion dolls.

barbie beautiful beauty bench

Photo by Pixabay on Pexels.com

As reported by the U.S. Customs and Border Protection (CBP) media relations office – CBP agents at the International Falls Port of Entry in Minnesota inspected a rail container and found merchandise that violated intellectual property rights (IPR) regulations.

As you are aware, CBP enforces the intellectual property rights and trademark rights of companies that register their mark with CBP. When goods are suspected of violating IPR – CBP will send photos or a sample to the property rights holder for verification. More often than not, the rights holder will notify CBP that the goods are counterfeit.

Specifically, CBP seized 60,180 mermaid and fashion dolls that contained copyright protected markings. If protected markings are found, even on a small doll accessory or only one doll, CBP will seize items as they had in this case. CBP calculates the seizure value based on the total MSRP if the items were authentic. Here, CBP in Minnesota claims the seized goods total approximately $601,198.

While the CBP media release doesn’t specifically mention the brand name, based on 60,180 dolls having a combined value of $601,198 and based on my experience as a parent to a daughter who loves Barbie – the seized dolls are counterfeit of the standard grocery store Barbie doll for about $10.

So what happens after a seizure? CBP will seize the goods and give the importer of record several options. CBP may also access civil penalties to the IOR.

If you or anyone you know has had items seized by CBP for IPR violations, or if you have any trade and customs law questions – contact experienced customs attorney, David Hsu at 832.896.6288 or by email at dhsu@givensjohnston.com.

 

 

Philadelpha CBP seize 100 counterfeit Yeti mugs.

Yeti Screengrab

Screengrab of the Yeti.com website.

According to a U.S. Customs and Border Protection (CBP) media release on June 19th, CBP officers in Philadelphia seized 100 counterfeit mugs branded with the name of the poular cooler company Yeti.

The items were shipped from Hong Kong, China in April and labeled “fishing reel iron products”. CBP noted the “poor packaging” and “substandard quality” and detained the shipment.

After a shipment is detained, Customs will usually send a sample or photos to the trademark/word mark holder to verify authenticity of the mark. In this case, Yeti likely replied and told CBP the items were counterfeit.

In the event the trademark holder notifies CBP of the unauthorized use of a registered mark, CBP will seize the items and send a “Notice of Seizure” to the importer of record.

Philadelphia CBP has been busy with five counterfeit seizures in the past 3 months. Prior seizures included counterfeit jewelry and luxury watches.

If you have had your shipments seized by Customs, and you receive a “Notice of Seizure”, you should take action – call experienced seizure attorney, David Hsu at 832-896-6288 or by  email at dhsu@givensjohnston.com. CBP seizures do not just go away and you may expose yourself and your company to personal, criminal and civil liability – call today!

 

 

 

 

Cash seizures by CBP during busy Memorial Day and tips on what you need to do if you have had your cash seized.

abundance bank banking banknotes

Photo by Pixabay on Pexels.com

CBP media release noted multiple drug arrests over the Memorial Day weekend at the Buffalo area (Peace Bridge and Lewiston Ports of Entry). Most of the incidents involved travelers with illegal substances and arrests on several US travelers for outstanding warrants.

Lastly, CBP seized $20,000 in currency from a Canadian citizen for failure to report currency over $10,000.

The media release indicates CBP seized the currency and “the traveler was refused entry into the United States”.

What? At least let the guy in –

If you are ever traveling and have your currency seized, be sure to do the following:

  1. Give Customs and Border Protection your real address. They will send you a certified letter.
  2. Cooperate with Customs officials.
  3. Disclose all the money you have up front.
  4. You will be asked to sign a FinCen form, sign it only after you write down all the money you really have.

Here are some other tips:

  1. CBP will seize all currency, doesn’t matter if it is in US dollars or in currency of another country.
  2. Money orders, checks also count, it is not just cash that is counted.
  3. It doesn’t matter if you are leaving or entering the country – you have to declare the currency anytime you ENTER or LEAVE the US.
  4. Check your mail within 1-2 weeks of your currency seizure.
  5. Do not ignore the letter you will receive from Customs.
  6. Call experienced Currency Seizure attorney David Hsu immediately at 832-896-6288 or email at dhsu@givensjohnston.com.

CBP seizes prohibited ivory products in Seattle.

carved_tusk

CBP agriculture specialists at Sea-Tac
found ivory in the luggage of a couple
arriving from the Philippines on May 11. Photo Credit: CBP

According to a U.S. Customs and Border Protection media release dated May 22nd, Agriculture Specialists at Seattle-Tacoma International Airport discovered a variety of prohibited ivory products (carved tusks) in the luggage of a husband and wife who arrived on a flight from the Philippines on May 11.

An x-ray and search of the traveler’s belongings revealed 34 pieces of carved elephant ivory, two carved hippopotamus tusks and two carved warthog tusks. The agriculture specialists contacted inspectors from the U.S. Fish and Wildlife Service, who inspected and seized the items. The couple also received a $500 fine for transporting the items in violation of CITES (Convention on International Trade in Endangered Species of Wild Fauna and Flora).

If you or anyone you know has had a CBP seizure, contact experienced trade attorney, David Hsu at 832-896-6288 or by email at dhsu@givensjohnston.com.