Seizure Archives - Page 8 of 10 - Customs & International Trade Law Firm

Florida Companies Convicted and Sentenced

In another example of the government’s continuing use of the criminal justice system to enforce international trade laws, three Florida companies and their management were recently convicted and sentenced for importing smuggled toys from China containing lead and containing counterfeit trademarks.

LM Import-Export, Inc., Lam’s Investment Corp., and LK Toys Corp., Hung Lam and Isabella Kit Yeung plead guilty to charges of conspiracy to traffic and smuggle toys containing hazardous substances such as lead, and one count of trafficking in counterfeit goods, in violation of 18 U.S.C. Secs. 371 and 2320, respectively. Co-defendant Yeung plead guilty to one misdemeanor count of submitting a false country of origin label, in violation of 19 U.S.C. Sec. 1304(a). The information, or charging document filed in court, against all defendants, as well as the plea agreements for each defendant can be found on the website of the District Court for the Southern District of Florida. (If you have trouble getting these documents, email me and I’d be happy to share them with you).
The facts underlying the charges, as stated in court documents, are that from April, 2000, until May 2011, a span of 11 years, the corporate defendants conspired to sell children’s products imported from China in violation of the Consumer Product Safety Act 15 U.S.C. Sec. 2068, and the Federal Hazardous Substances Act, 15 U.S.C. Sec. 1263. Some of […]

By Jennifer Diaz|2013-06-28T19:55:00-04:00June 28, 2013|Best Practices, Import, Intellectual Property Rights, penalty, Seizure, U.S. Consumer Product Safety Commission (CPSC), U.S. Customs and Border Protection (CBP)|0 Comments

Seizure Averted – Why a Customs Lawyer is Essential at Detention

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 […]

By Jennifer Diaz|2013-04-01T20:53:00-04:00April 1, 2013|Detention, Intellectual Property Rights, Seizure, U.S. Customs and Border Protection (CBP)|2 Comments

Band-Aid or Stitches? What’s Your Compliance Approach?

When you get a deep cut, do you simply put on a band-aid or do you go to the hospital to get stitches that you really need? Stitches take time and are more costly – but, your bleeding will stop and your cut is less likely to re-open. With a band-aid – you’re likely to re-open your wound and/or get an infection. You get stitches if you know what’s good for you!

Compliance is similar in that there may be a quick fix for the current issue; however, if you don’t stop the bleeding and get stitches, you will be in trouble in the long-run, and the bleeding won’t stop.

On a daily basis, different companies call me to discuss issues they are having with U.S. Customs and Border Protection (CBP). For instance, today, a company called me discussing a CBP 28 – Request for Information, and thereafter a CBP 29 – Notice of Action received from CBP. The issue was an underlying classification issue. Bottom line, they had never done any Pre-Compliance on the Harmonized Tariff Schedule’s (HTS) they were using for their imported merchandise. They said the infamous line – that’s why I hired a broker. Important to note that this just does not cut it with CBP.

CBP publishes really great Informed Compliance Publications for Importers – too few importers have read them, and too small a percentage of importers know they exist. For new importers, CBP has […]

By Jennifer Diaz|2022-07-07T09:49:12-04:00March 26, 2013|CBP 28, CBP 29, Pre-compliance, Seizure, U.S. Customs and Border Protection (CBP)|0 Comments

CBP Brings Seizure & Forfeiture Notices to the 21st Century

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 […]

By Jennifer Diaz|2022-07-07T09:40:29-04:00February 12, 2013|Detention, Seizure, U.S. Customs and Border Protection (CBP)|4 Comments

Don’t Let Your Currency be Seized When Traveling Internationally – TOP TIPS

The holidays are approaching… Do you intend to carry “monetary instruments” when traveling internationally? Read on, these TOP 5 Tips when carrying “monetary instruments” above $10,000 can save you a U.S. Customs Seizure Case.

Here are your top tips to assure you get it right, and you’re not screaming U.S. Customs Seized my Money, Oh No!

1. If you intend to carry over $10,000 in monetary instruments, including travelers checks and U.S. or foreign money, you MUST fill out the required form, FINCEN Form 105. Note, it is PERFECTLY acceptable to travel with currency, you JUST have to report it. Don’t be scared to do so.

2. Review U.S. Customs and Border Protection’s “Currency Reporting” flyer. Make sure you memorize what “monetary instruments” consist of:

U.S. or foreign coins and currency;
Travelers checks (in any form);
Negotiable Instruments (including checks, promissory notes, and money orders – in a transferable form);
Incomplete instruments (checks, promissory notes, and money orders) that are signed with a payees name omitted;
Securities or stock in bearer form (in a transferable form)

3. Make sure you can explain proof of the legitimate source of the money.

4. Make sure you can explain proof of the legitimate intended use of the money.

5. Don’t divide currency for the purpose of evading reporting requirements.

Check out CBP’s recent seizures of currency and DON’T LET THIS HAPPEN TO YOU!:

October 12, 2012 – CBP seizes $11,000 in currency […]

By Jennifer Diaz|2022-07-07T09:15:58-04:00November 20, 2012|Currency Seizure, International Travel, Seizure, U.S. Customs and Border Protection (CBP)|0 Comments

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