Tag

seizure

EventsInternational TravelSeizuresSpeakingUncategorized

AILA CLE Luncheon: Ports of Entry – Searches, Seizures and More!

posted by Jennifer Diaz November 7, 2017 0 comments

fghdghDo you know rights (and your clients’ rights) when encountering law enforcement at airports and other ports of entry? Join us at The Rusty Pelican on Wednesday, November 15, 2017, at 11:45AM for an interactive discussion on various issues being encountered by travelers at ports of entry. Our panel of experts will discuss:
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Best PracticesCBPCounterfeitsImportIPR, Trademarks and LogosSeizuresU.S.CustomsUncategorized

The UGG Boots Story: How Recording Your Registered Trademark Can Lead to a Jail Sentence

posted by Jennifer Diaz October 19, 2017 0 comments

At the end of September 2017, Shi Wei Zheng, 42, plead guilty to one count of trafficking in counterfeit goods. During a five-month period, Zheng trafficked over 15,000 pairs of counterfeit UGG boots, with a total estimated retail value of over $2.5 million.
alg-ugg-boots-jpg
Zheng created an elaborate scheme in order to receive and sell counterfeit UGG boots. From September 2016 through February 2017, Zheng received several shipping containers from an individual overseas, of which at least three containers were filled with counterfeit UGG boots. After the containers reached the Port of Entry, in this instance, Port of Newark, Zheng had individuals working at the port, remove the containers from the port before U.S. Customs and Border Patrol (CBP) could examine them. Once removed, the containers were delivered to other individuals, paid by Zheng to distribute the counterfeit boots in New Jersey and other places. Continue Reading

Best PracticesCBPCurrency SeizureEventsImportU.S.Customs

Learn about “The ABC’S of Customs Seizures – PLUS Top 10 Tips to Ensure Import Compliance” From the Expert!

posted by Jennifer Diaz September 13, 2016 1 Comment

INTERNATIONAL TRADE COMPLIANCE:  The ABC’S of Customs Seizures – PLUS Top 10 Tips to Ensure Import Compliance 

The DTL Team wants to ensure you are a compliant with U.S. federal regulations and laws when importing your goods from abroad! Here is your chance to learn directly from our Founder, Jennifer Diaz, about the “dos” and “don’ts” of importing. compliance-image

On Wednesday, September 14th, 2016 from 1:00 pm to 2:00 pm, The Organization for Women in International Trade (OWIT) invites you to a Trade Talk Webinar Program on International Trade Compliance-Register NOW!

Did you know that In FY 2015, 28,865 seizures were for underlying Intellectual Property Rights (IPR) violations? The MSRP of the goods seized was $1,352,495,341! IPR enforcement is a priority trade initiative for U.S. Customs and Border Protection (CBP) and the detention and seizure process is a complicated one. If your merchandise is detained and/or seized, you have options. But more  Learn exactly how you should respond and more importantly how to avoid future problems with CBP.

This event is particularly important for: Continue Reading

Best PracticesCBPCPSCSeizures

Ongoing Hoverboard Concerns

posted by Jennifer Diaz January 27, 2016 1 Comment

The U.S. Consumer Product Safety Commission (CPSC) and U.S. Customs and Border Protection (CBP) Address Ongoing Litigation & Seizure of one of the hottest toys, the Hoverboard.

Hoverboards, as they are commonly known, are self-balancing two-wheeled electric scooters.  They are powered by controversial rechargeable batteries that have recently garnered attention for malfunctioning, causing devices to catch fire and destroy homes.  The lithium-ion batteries have been known to overheat, catch fire, and explode without warning.

Several airlines have begun to prohibit transportation of the boards aboard aircraft, due to safety concerns.  Amazon.com is placing safety first and offering consumers that have purchased a hoverboard from Amazon a full refund.  Hoverboards are also facing additional litigation from Mark Cuban, who potentially has a patent infringement claim against Walmart for selling the devices.

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Best PracticesCBPImportSeizuresU.S.Customs

Exports from China are on the Rise – What is your IPR Plan?

posted by Jennifer Diaz July 18, 2014 0 comments

made in ChinaOn April 11, amid a high demand for soccer apparel in preparation for FIFA World Cup, U.S. Customs and Border Protection (CBP) seized counterfeit soccer apparel shipped from China to the Port of Savannah. The value of the seized goods exceeded $1 million in manufacturer’s suggested retail price (MSRP). The apparel seized contained counterfeit trademarks of the following professional soccer clubs: Arsenal, Barcelona, Celtic, Chelsea, Mexican Federation, Paris Saint-Germain, and Real Madrid.  Little did they know they should have tried to import Germany’s soccer club’s apparel.

“You look at that Chelsea patch, and it just looks off,” said Steve Sapp, a spokesman for U.S. Customs and Border Protection. “The last B is smaller than the rest, and that’s the kind of thing you often see with these counterfeit goods. Our investigators know the signs that these goods aren’t real.”  Both images are provided below for you to see for yourself – check out the extra space at the top, and the “u” in club.

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CBPCurrency SeizureInternational TravelSeizuresU.S.CustomsUncategorized

International Travelers Beware – U.S. Customs WILL Seize Your Money…

posted by Jennifer Diaz December 13, 2013 4 Comments

Money given away

International travelers often contact me with the same distraught face as the man pictured to my left, after their money is confiscated by U.S. Customs and Border Protection (CBP) as a result of not properly declaring currency on hand.

Declaration Form 6059B will look familiar to all international travelers as you fill it out when entering the U.S.  Many times, the rationale for seizure is that parties traveling together split their currency, and even though together they have over the $10,000 minimum, the travelers advise they are each carrying less then the $10,000 minimum requirement for reporting (in question 13 of Form 6059B), resulting in ALL of the currency on hand being seized. On a Typical Day in Fiscal Year 2015, CBP seized $356,396 in undeclared or illicit currency.

Recently, CBP seized $82,000 of currency, and arrested the female driver, after discovering three packages of bulk currency hidden within a vehicle as a female driver attempted to exit the U.S. and enter Mexico.

During this holiday season, this post will tell you what you need to know to assure it’s NOT YOU that has their currency seized when traveling internationally!

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Best PracticesCBPExportImport

PortMiami and CBP Join Forces to Bring Back (and Expedite) Transshipment

posted by Jennifer Diaz November 19, 2013 0 comments

Cargo shipPortMiami has been working feverishly to bring back transshipment to Miami.

Step one was PortMiami’s outreach to U.S. Customs and Border Protection (CBP).  PortMiami Director Bill Johnson wrote a letter to Acting CBP Commissioner, Thomas Winkowski, dated June 26, 2013, asking CBP to develop a pilot program, “with a transshipment inspection protocol pilot for PortMiami.”

According to PortMiami’s letter to CBP Commission Winkowski,  prior to 9-11, “transhipment made up over 22% of the cargo trade  at PortMiami.” Now, that transshipment cargo goes through Panama, Freeport, and Kingston. 

You may be asking, what’s the rationale for the move to other ports away from PortMiami?  Continue Reading

Best PracticesCBPEventsImportIPR, Trademarks and LogosSeizuresSpeakingU.S.Customs

Do You Know the Top 10 Tips When Importing?

posted by Jennifer Diaz June 18, 2013 0 comments

Do you know the top 10 tips when importing to ensure compliance?  If not, here’s why you should attend my Compliance Online webinar on June 27, 2013 at 10:00 a.m., EST. 

If you import merchandise into the U.S., you are the responsible party and must be aware your requirements and potential liability.  In this presentation, we will discuss how to comply with U.S. Customs and Border Protection’s (CBP’s) vast laws and regulations. By the end of the webinar you will know and understand the importance of:

  • Tariff classification;
  • Customs valuation;
  • Country of origin marking;
  • Intellectual Property Rights (IPR) Protection and CBP Enforcement; and
  • Free Trade Agreements (FTA)  you should be taking advantage of.

You will also learn basic customs concepts and terms like:

  • CBP Form 3461 & CBP 7501;
  • Protests;
  • Seizure cases;
  • Liquidated damage claims, Penalties/Fines;
  • Prior disclosure; and
  • FP&F Petition Process.

Learn key best practices and hear real life case studies. Learn what to do, and more importantly, what NOT to do, and what the consequences are for non compliance.

To register for this webinar on June 27, 2013 at 10:00 EST, click here.

CBP

Seizure Averted – Why a Customs Lawyer is Essential at Detention

posted by Jennifer Diaz April 1, 2013 0 comments

Sitting with your head down moping about U.S. Customs and Border Protection (CBP) holding your goods is never the right answer!

Two days ago, a potential client called and explained that a valuable shipment was detained by CBP. The potential client asked if I could help recoup the goods from CBP, during this detention phase, or if they should wait.

When I get this question, I always want to scream, NOW!!  This is the most essential time an importer has.  Here’s the real question – do you want an expert in Customs law to assist you before your goods are guaranteed to be stuck in CBP for months, or work on getting them back for you NOW?!

I always request pertinent information about the commodity and the supposed rationale for the detention (if you don’t have this information yet, I help you get it). In this case, the potential client adamantly stated that the goods were legitimate, gray market goods; however, CBP was skeptical.

I advised the potential client that obtaining my services at this point would be the BEST option so I could clearly determine and explain to CBP the legitimacy of the merchandise and demand the release. After being hired, I immediately began working on the case due to the exigency of the circumstances. My tasks were to understand the basics of the commodity, learn the history of the product, and prove the legitimacy of the goods before CBP made a decision to seize them.

The consequences of not taking these immediate actions would be the potential seizure of the goods. More importantly, if the goods are seized by CBP, it could take several months (sometimes years) before they may be released.  The great news is within 1 business day I was able to convince CBP that the goods were in fact legitimate gray market goods, and they were released.  Waiting an extra week to get me involved would have been the difference between a detention by CBP (and release of the goods) or CBP’s seizure of the goods, and many months (or years) before the goods were released (with storage fees to pay!).

Thereafter, I worked with this client and discussed pre-compliance – which is especially important to understand why the detention occurred in the first place and how to avoid a similar situation from re-occurring. 

Hiring an expert in CBP laws, prior to the seizure of the merchandise saved this client much time and a considerable amount of expenses. If your business is going through a similar issue with CBP, contact me during the detention phase, preferably before the seizure notice is issued! 

CBP

CBP Brings Seizure & Forfeiture Notices to the 21st Century

posted by Jennifer Diaz February 1, 2013 0 comments

Co Authored by Michael DeBiase.

U.S. Customs and Border Protection (“CBP”) has published a final rule (the “Rule”) providing CBP with the ability to publish seizure and forfeiture notices on the Department of Justice (“DOJ”) forfeiture website.  CBP believes that such notices will reach a broader range of the public, at less cost, than the current local print publications or customhouse postings.  

You know what?  CBP is right, and kudos to them for this added efficiency that goes into effect on February 28 of this year.     

Pursuant to the Rule, CBP will post all seizure and forfeiture notices for thirty (30) consecutive   days on the DOJ’s site.  Thereafter, CBP may still publish notice in print form when it deems such additional outreach appropriate.   

The beauty of the Rule is that it provides a vehicle by which both the government and the party interested in the seized goods to share in the greater efficiency, streamlined procedures, and reduction in costs offered by giving electronic notice.  This will also make it easier for the interested parties to assert claims for the seized property.

This is a change that needed to happen, and although the process and site will surely experience “growing pains”, the efficiency and cost savings should prove well worth it.

If you do receive a seizure notice, remember, you must file a Petition within 30 days of the seizure notice or, if seeking judicial review of the seizure, file a claim and cost bond equal to 10% of the value of the seized merchandise, up to a maximum of $5,000.

For a summary of the seizure process, review our blog "U.S. Customs Seized My Merchandise, Now What?"

We leave you with our top 3 tips:

  1. Perform Pre-Compliance PRIOR to importing merchandise into the U.S.  Assure the merchandise you will import is compliant with applicable laws/regulations.
     
  2. If CBP detains your products, contact a knowledgeable customs attorney or customs broker to actively demonstrate that there is no violation.  Getting the case resolved in the detention phase is essential.  Otherwise, the seizure case will be much more costly and timely.
     
  3. If CBP seizes your products, make sure your customs attorney knows the policies, procedures, and practices of CBP to effectively pursue the release of the merchandise.