Import Archives - Page 90 of 92 - Customs & International Trade Law Firm

Help! U.S. Customs Took My Money at the Airport / ¡Ayuda! La Aduana de los Estados Unidos Incautó Mi Dinero en el Aeropuerto

You may legally carry or mail any amount of money you want into or out of the United States, but if it is more than $10,000 at one time, you better first report it to U.S. Customs and Border Protection. Otherwise, you risk U.S. Customs taking it from you, and never getting it back. Why? Because your failure to report the international transportation of money is a violation of the Currency and Foreign Transaction Reporting Act.

All too often, I am contacted by a distraught American ciitizen or resident returning from a trip overseas, or a foreign visitor to the United States, who was unaware of the laws regarding currency reporting. The person was asked by a U.S. Customs officer upon arrival at the international airport if he or she was carrying over $10,000. When the passenger honestly answer “yes”, or the U.S. Customs officer believes the passenger may be lying about the amount of money being transported, the passenger and his or her luggage are examined. If over $10,000 in monetary instruments, including travelers checks and U.S. or foreign money, is discovered, and the required form, FINCEN Form 105, has not been filed with U.S. Customs, all of the money is likely to be seized on the spot by U.S. Customs.

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By Jennifer Diaz|2022-07-06T12:54:43-04:00February 1, 2010|Best Practices, Currency Seizure, Customs Expert, International Travel, Pre-compliance, Seizure, U.S. Customs and Border Protection (CBP)|0 Comments

Yes, You May Legally Import Counterfeit Merchandise into the United States

My friends tell me one of their favorite activities in China is to buy counterfeit items such as Gucci handbags or Montblanc pens. My friends do worry about U.S. Customs and Border Protection (U.S. Customs) officers looking through their luggage upon arrival at an airport in the United States, seizing the counterfeit items, and fining them. The truth is that U.S. Customs allows the importation of counterfeit merchandise, but closely follow the rules as I explain them to you now.

First, know that it is generally illegal to import counterfeit merchandise into the United States. The word “counterfeit” is defined in the Lanham Act at 15 U.S.C. 1124, and the U.S. Customs applicable law allowing for the seizure of counterfeit merchandise is 19 U.S.C. 1526. That law gives your friendly U.S. Customs officers who are waiting for you at the airport the authority to look through your luggage, and seize counterfeit merchandise from you. The U.S. Customs regulations at 19 CFR Part 133 give more specific guidelines to travelers interested in this topic.

What the readers of this blog, and even many U.S. Customs officers, do not know is that it is perfectly legal for a person who visits China, or any other foreign country, to buy counterfeit merchandise there, including one counterfeit Gucci bag and one counterfeit Montblanc pen, declare it on the U.S. Customs declaration form, pass through U.S. Customs, and enjoy using the counterfeit items in the United States. Of course, you generally get what you pay for, so the $2,000 Gucci bag […]

By Jennifer Diaz|2015-12-28T14:14:47-05:00January 24, 2010|Counterfeits, Import|0 Comments

Intellectual Property Rights are High Priority for CBP

U.S. Customs and Border Protection (CBP) takes Intellectual Property Rights (IPR) enforcement very seriously, in fact, its a priority. Shipments not destined for the U.S., that are merely in transit (for example from China for a brief stop in Miami to the ultimate destination in Latin America), are no exception. The fact that CBP enforces IPR rights for in transit merchandise surprises many — but lets face it, if CBP is to protect IPR rights, why should it stop at products solely destined for the U.S.? If you took the time to register your trademark or copyright with the U.S. Patent and Trademark Office and then took the extra step to record that trademark or copyright with CBP, wouldn’t you want CBP to stop infringers, even if they are just passing through for a brief moment? Check to see if a company has taken that extra step to record their IPR here.

CBP publishes IPR statistics yearly. The statistics for 2009 were recently published in December of 2009. There were 14,841 seizures from IPR violations. Of no surprise, China was the top trading partner for IPR seizures in FY 2009 with a domestic value of $204.7 million in counterfeit merchandise, accounting for 79% of the total value seized. Footwear was the top commodity seized in FY 2009 with a domestic value of
$99.7 million, which accounted for 38% of the entire value of infringing goods. Consumer electronics was a distant second at $31.7 million, […]

By Jennifer Diaz|2010-01-11T14:00:00-05:00January 11, 2010|Detention, Intellectual Property Rights, Seizure, U.S. Customs and Border Protection (CBP)|0 Comments

January 26, 2010 – Do You Have An ISF Plan?

During the annual Customs Symposium, which took place December 8-10, 2009, Richard DeNucci, the Director of Customs Office of Field Operations, Trade Initiatives, discussed how CBP will enforce ISF(Importer Security Filing, aka 10+2) penalties, beginning January 26, 2010, and provided interesting statistics thus far. ISF will require both importers and carriers to submit additional information pertaining to cargo to CBP before the cargo is brought into the United States by vessel. FAQ’s on ISF filing may be found here. Non compliant ISF filings can be costly, at $5,000 per violation.

Mr. DeNucci stated that Customs would be “reasonable and equitable” with ISF timeliness issues and will use the “least amount of force to ensure compliance.” When addressing DNL’s (do not loads), Mr. DeNucci stated this “is not something CBP will take lightly.” I personally am interested to see how this plays out, as CBP’s mitigation guidelines are not that forgiving.

From January 26, 2009 to December 6, 2009, there were 3.65 million ISF filings, and 103,000 ISF filers. The most impressive part of this statistic is that 95% of these filers received an acceptance rate, meaning only 5% of the filers would have potentially faced ISF penalties for issues with filing. During this same time period, CBP reviewed more than 6,475 stow plans and 106 million container status messages. Interestingly, CBP noticed the highest volumes of filings on a Friday – apparently everyone is either a procrastinator or a go-getter, filing early.

By Jennifer Diaz|2010-01-05T14:00:00-05:00January 5, 2010|10+2, ISF, U.S. Customs and Border Protection (CBP)|0 Comments

CBP Symposium Highlights

The annual CBP Symposium, held at the D.C. Convention Center, Washington, D.C. from December 8-10, 2009, was the 10th year of this very successful event. Over 850 attendees were initially greeted by outgoing Acting Commissioner Jay Ahern. The Symposium agenda was a smorgasbord of information that was appropriate for anyone with a serious interest in international trade and logistics. Highlights included presentations from Assistant Commissioner Dan Baldwin, Office of International Trade, Rich DiNucci, Director, Secure Freight Initiative (“10+2”), Bob Swierupski, Director, National Commodity Specialist Division, and Brenda Smith, Executive Director, Trade Policy and Programs, about what the international trade community should expect in 2010 from CBP. Special Presentations were made by Jeremy Baskin, Office of General Counsel, U.S. Consumer Product Safety Commission, and Domenic Veneziano, Director, Division of Import Operations and Policy, U.S. Food and Drug Administration.

Mr. DiNucci’s presentation on Importer Security Filing (ISF) stated that CBP has received from January 26, 2009 through December 6, 2009 3.65 million ISF filings from over 1,900 ISF filers representing 103,000 ISF importers. There is now a 95% acceptance rate on ISF filings. As you know, the enforcement mode for ISF begins January 26, 2010, and there will be a $5,000 penalty issued by CBP for a violation per ISF transmission or $10,000 maximum per ISF filing. Importers should be familiar with the ISF Interim Final Rule, the FAQ on ISF, and the Mitigation Guidelines issued by CBP.

Therese Randazzo, Director, IPR Policy and Programs Division, stated that CBP had issued over 1,000 fine notices, pursuant […]

By Jennifer Diaz|2021-04-09T12:55:16-04:00December 15, 2009|Import, U.S. Customs and Border Protection (CBP)|0 Comments

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