DIAZ Trade Law

Customs & International Trade Law Expert

U.S. CUSTOMS & BORDER PROTECTION ENFORCEMENT ISSUES
CBP Intellectual Property Rights Penalties

Call 305-456-3830

Did you receive a Notice that looks like this from CBP?

(If so, we can help. See below)

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What Does This Notice Mean?

Another benefit to U.S. trademark owners that record their trademark with U.S. Customs is that U.S. Customs has the authority to issue monetary fines against anyone who facilitates the attempted introduction into the U.S. of seized and forfeited counterfeit merchandise. It is the anti-counterfeiting consumer protection act which provides authority for U.S. Customs to impose civil fines pursuant to 19 U.S.C. § 1526(F), in addition to the seizure and forfeiture of imported merchandise bearing counterfeit marks. The parties subject to monetary fines are any person who “directs, assists financially or otherwise, or aids and abets the importation of merchandise.”

U.S. Customs publishes a guidance document entitled “What Every Member of the Trade Community Should Know About: Mitigation Guidelines: Fines, Penalties, Forfeitures and Liquidated Damages.” The relevant portion of the guidance document discussing U.S. Customs authority to issue a fine in various situations is copied below:
http://www.cbp.gov/sites/default/files/documents/icp069_3.pdf
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How Can Diaz Trade Law Help?

If you receive a monetary fine from U.S. Customs, contact Diaz Trade Law today. We have helped numerous companies successfully mitigate penalties from CBP for underlying seizures of alleged counterfeit merchandise.

*Successful Past Results:

Successfully mitigated penalties from CBP for an underlying intellectual property rights violation. Some REAL examples include:

  • Successfully Mitigated a $4,147,823.00 penalty down to $4,000.00.
  • Successfully Mitigated a $395,225.00 penalty down to $37,320.00.
  • Successfully Mitigated a $297,000.00 penalty down to $0.
  • Successfully Mitigated a $206,160 penalty down to $20,616.90.
  • Successfully Mitigated a $146,976.00 penalty down to $0.
  • Successfully Mitigated a $136,037.00 penalty down to $13,603.70.
  • Successfully Mitigated a $100,170.00 penalty down to $0.
  • Successfully Mitigated a $65,000 penalty down to $6,500.
  • Successfully Mitigated a $76,274.00 penalty down to $15,255.00.
  • Successfully Mitigated a $39,000.00 penalty down to $3,900.00.

CONTACT DIAZ TRADE LAW

Call 305-456-3830

Note: If you have documents you would like us to review, please email docs@DiazTradeLaw.com