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

On 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.

This month, CBP again seized a shipment of counterfeit soccer apparel from China. This time, the shipment arrived in San Juan, Puerto Rico and the apparel consisted of Brazilian, Italian and Argentinian national soccer clubs’ uniforms. “The trade in these illegitimate goods is associated with smuggling and other criminal activities, and often funds criminal enterprises”, stated Area Port Director Juan Hurtado. The apparel shipped to Puerto Rico violated the intellectual property rights (IPRs) of Puma, Adidas and Nike.

With exports from China rising, protecting intellectual […]

By Jennifer Diaz|2022-07-08T16:46:57-04:00July 17, 2014|China, China Trade War, Intellectual Property Rights, International Business, International Law, International Trade, Seizure, Supply Chain, U.S. Customs and Border Protection (CBP)|0 Comments

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

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. 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!
New Rule Today, CBP issued a final rule, “to broaden the definition of “members of a family residing in one household” to more accurately reflect relationships for U.S. citizens, residents and international visitors who are traveling together as a family.” CBP confirmed “the expansion of the term will include long-term same-sex couples and other domestic relationships which would allow more returning U.S. citizens, residents and international visitors to file a joint […]

By Jennifer Diaz|2022-07-08T16:16:39-04:00December 26, 2013|Currency Seizure, International Travel, Seizure, U.S. Customs and Border Protection (CBP)|0 Comments

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

PortMiami 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? The answer, CBP’s increased inspections of transshipment goods, resulting in cargo delays and added expenses. A specific example is CBP’s intensive examination of goods checking for intellectual property rights violations, and seizing goods that are non-compliant, when alternative ports are not as proactive. CBP confirmed that after 9-11, almost all transshipment cargo was inspected, now, CBP is down to under 5% (a much more reasonable number).

CBP confirmed that its mission is to protect the nations borders, but, also to “PROMOTE AND EXPEDITE TRADE AND COMMERCE,” which is wonderful to hear from CBP!!

CBP leaders are active on this committee and CBP has 4 lofty goals:

As a result of PortMiami’s efforts, a new task-force has formed, and CBP is actively partnering with PortMiami to ensure its success. It is called the “Transshipment Committee” and will meet quarterly at PortMiami. Terminal Operators and ALL other […]

By Jennifer Diaz|2022-07-08T16:15:20-04:00November 19, 2013|Detention, Seizure, U.S. Customs and Border Protection (CBP)|0 Comments

Large Seizure by CBP Highlights High Margins of Counterfeiting, and Necessity of Recordation

Co Authored by Michael De Biase

One of CBP’s latest news releases, dated September 27, 2013, noted that more than 16,000 counterfeit Hermes handbags were seized by Customs and Border Protection (“CBP”) because Hermes took the extra step of recording their intellectual property with CBP. Not surprisingly, when you analyze the difference between the alleged value of the counterfeit products (reported to CBP) as compared to the suggested retail price of the genuine goods, you have a grave difference. In this case, $295,665 (value of counterfeit goods) compared to $210,785,475 (value of genuine goods). That’s over $210 million worth of potential profits for the counterfeiters, at the expense of Hermes – a crime in every sense. Because Hermes recorded its intellectual property with CBP, CBP seized this infringing merchandise, and will also have the ability to issue a penalty for the MSRP of the merchandise. Yes, that means a penalty in the amount of $210,785,475 will be coming to the counterfeiters!

Most often, counterfeiters target large luxury brands whose goodwill and name recognition has a certain element of exclusivity. While some may not sympathize with profitable companies, what they fail to realize is that counterfeiting hurts in a variety of other ways. Counterfeiting hurts consumers who buy products under the false impression that they are genuine, companies whose goodwill is tarnished by the inferior quality of the counterfeit products bearing their brands, and it hurts those who worked hard to build something of substantial value. In this case, Hermes lost out on, potentially, more than $210 million dollars […]

By Jennifer Diaz|2022-07-08T16:15:20-04:00November 4, 2013|Import, Intellectual Property Rights, Seizure, U.S. Customs and Border Protection (CBP)|0 Comments

Do You Know the Top 10 Tips When Importing?

Do you know the top 10 tips when importing to ensure compliance? If not, here’s why you should listen to my Compliance Online webinar that took place 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 hear the recorded version of this webinar, that took place on June 27, 2013, click here.

By Jennifer Diaz|2013-07-02T14:00:00-04:00July 2, 2013|Best Practices, Detention, Import, Intellectual Property Rights, International Trade, Pre-compliance, Seizure, U.S. Customs and Border Protection (CBP), U.S. Food and Drug Administration (FDA)|0 Comments

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