Customs reported a seizure of over 11,000 counterfeit watches which, if real, would have a manufacturer’s suggest retail price of $2,791,250. The same law that permits Customs to seize the counterfeit watches also allows CBP to impose a penalty of up to the MSRP value of the counterfeit watches. In this case, that means the importer of these watches will be subject to a penalty of nearly $2.8 million dollars.
MIAMI – U.S. Customs and Border Protection (CBP) Office of Field Operations (OFO) officers with the Miami Seaport Trade Enforcement Team (TET) seized 11,165 counterfeit watches with an MSRP value of $2,791,250.
CBP seized 11,165 counterfeit watches with an MSRP value of $2,791,250.
The watches were being shipped from China and destined for Florida. CBP OFO officers discovered the watches in 123 cartons arriving in a shipment from China.
CBP OFO officers with the Trade Enforcement Team (TET) suspected the watches were counterfeit as the items did not appear to be of the quality consistent with the watches that are normally manufactured by the trademark holder.
Samples were submitted to CBP Import Specialists for review and determined to be counterfeit.
“Counterfeiters are becoming increasingly sophisticated in their efforts and CBP OFO officers here at the Miami Seaport take great pride in protecting Americans from low quality and unsafe products,” said Miami Seaport Port Director Diane Sabatino. “Our CBP officers consistently demonstrate their exceptional skills at identifying counterfeit goods and work well with CBP Import Specialists to protect consumers and ensure these products do not enter the commerce of the United States.”
You might be facing penalties from customs for importing counterfeit merchandise. We can help. Typically, we recommended preparing and filing a petition, with the assistance of legal counsel, which argues persuasively for the substantial mitigation, or when the facts and law warrant it, cancellation of the penalty in full.
Great Lakes Customs Law has been very successful in getting these kinds of penalties reduced and, sometimes, even eliminated entirely (some history of our success is HERE).If you have had merchandise seized by customs because they allege it is counterfeit and contains trademark violations and/or have a received a notice of penalty for importing alleged counterfeits or for making an importation contrary to law, call our office at (734) 855-4999 to speak to a customs lawyer, or e-mail us through our contact page. We are able to assist petitions for customs penalties and seizures around the country, including Detroit, Chicago, Atlanta, New York, Los Angeles, Orlando and many other places. Please read these other articles:
U.S. Customs seized over $100,000 from some Mexican nationals leaving the United States. This is a different scenario from the usual airport currency seizure case we handle. In this instance, it appears that the people transporting (smuggling) the money are facing criminal prosecution because their names are being used.
Two Mexican nationals were arrested on Tuesday for failing to report more than $100,000 in U.S. currency when they attempted to drive into Mexico through the Port of Douglas.
U.S. Customs and Border Protection officers conducting outbound inspections selected a Chevrolet truck, driven by Dennis Armando Brown-Lopez, 43, for further inspection when he and Maria Delia Barrientos-Romero, 45, both of Agua Prieta, Sonora, Mexico, attempted to cross into Mexico.
After officers discovered the currency hidden with the truck, they processed the vehicle and currency for seizure, and referred Brown and Barrientos to U.S. Immigration and Customs Enforcement’s Homeland Security Investigations.
If you have had your currency seized, please call our office at (734) 855-4999 to speak to a customs lawyer, or e-mail us through our contact page. We are able to assist with cash seized by customs around the country, including Chicago, Atlanta, New York, Los Angeles, Orlando and many other places, and not just locally in Detroit. Please read these other articles:
Currency seizures by U.S. Customs & Border Protection come in all sizes and every different set of circumstances imaginable. The vast majority of our clients have their currency seized when they are arriving or departing the United States at an airport by Customs for an alleged failure to report, bulk cash smuggling, or for structuring violations.
They say everything is bigger in Texas, and that also goes for currency seizures. Here in Michigan, we share a very larger border with Canada, but Canada does not have the same reputation as Mexico. So you can imagine the reasons people are transporting more than $10,000 between the United States and Mexico.
Here is one of the those stories that recently hit the news that involves seizure of $267,617 in two separate incidents. The first seizure was effect on a 74 year old man for $217,617, and the second was a 21 year old man with $50,000.
74-year-old male United States citizen from San Benito, Texas, was referred to secondary inspection, officers detected packages, which later resulted being unreported U.S. currency hidden within the vehicle.
On June 12 CBP officers working at the Brownsville and Matamoros International Bridge came in contact with a green 1999 Dodge Caravan as it attempted to make entry into the United States from Mexico. The driver, a 74-year-old male United States citizen from San Benito, Texas, was referred to secondary for further inspection. During the inspection and with the use of a vehicle non-intrusive imaging system, officers detected packages, which later resulted being unreported U.S. currency hidden within the vehicle. Officers removed and seized multiple packages of bulk U.S. currency totaling $217,617.
On June 13 CBP officers working outbound operations at the Brownsville and Matamoros International Bridge came in contact with a brown 1999 Chevy Tahoe as it attempted to exit the United States into Mexico. Officers referred the driver, a 21-year-old male United States citizen residing in Matamoros, Mexico for further secondary inspection. During the examination, CBP officers discovered five packages of bulk U.S. currency hidden within the vehicle, totaling $50,000.
If you have had your currency seized, please call our office at (734) 855-4999 to speak to a customs lawyer, or e-mail us through our contact page. We are able to assist with cash seized by customs around the country, including Chicago, Atlanta, New York, Los Angeles, Orlando and many other places, and not just locally in Detroit.
A very long but worthy read appears in today’s Federal Register. It is a new opportunity from U.S. Customs & Border Protection to make U.S. products more competitive overseas. Essentially, if you are a U.S. exporter whose exports are being incorrectly classified or valued by a foreign government, you now have recourse to the CBP who will, if they agree with your position, work through the appropriate channels to achieve a resolution. Here is the most relevant text from the notice:
Inquiries Concerning Tariff Classification or Customs Valuation by
Other Customs Administrations Affecting U.S. Exports
By publication of this notice, U.S. Customs and Border Protection
emphasizes that opportunities exist to strengthen communication and
coordination between industry, CBP, other customs administrations, and
the WCO to advance the shared goal of facilitating international trade.
Greater collaboration with industry promotes improved technical
understanding among contracting parties and helps to foster uniformity
in the interpretation and application of the HS Convention and WTO
Valuation Agreement.
On matters involving non-uniform tariff classification or customs
valuation treatment by other customs administrations, individual
parties or firms do not have standing to initiate dispute settlement
procedures or consultations under the HS Convention or the WTO
Valuation Agreement. Consequently, for a U.S. individual or firm to
raise a tariff classification or customs valuation dispute, that party
must file an inquiry or complaint with the U.S. government and provide,
or assist in the collection of, any information relating to the matter
which may be required.
Accordingly, CBP hereby invites U.S. exporters to file with CBP
requests for assistance in resolving any tariff classification or
customs valuation treatment by other customs administrations affecting
U.S. exports.Of course, as a threshold technical matter, in order to provide the
requested assistance, CBP must agree with the position of the exporter
with regard to the specific matter brought to CBP's attention.
CBP will endeavor to provide an initial response to such requests
within 60 days of their receipt. Thereafter, in cooperation with the
appropriate agencies, CBP will consider the appropriate course of
action, including but not limited to the initiation of consultations or
dispute settlement at meetings of the HSC or TCCV at the WCO. The
inquirer or complainant will be informed of the progress achieved in
resolving the matter. Requests for assistance on tariff classification
or customs valuation treatment by other customs administrations
affecting U.S. exports should be addressed to U.S. Customs and Border
Protection, Office of International Trade, Regulations & Rulings,
Attention: Commercial and Trade Facilitation Division, 90 K St. NE.,
10th Floor, Washington, DC 20229-1177.
Confidentiality
Information submitted by U.S. exporters concerning requests for
assistance may, in some instances, include confidential commercial or
financial information, the disclosure of which could result in
competitive harm to the business submitter. Such information is,
generally, protected under the provisions of the Freedom of Information
Act (5 U.S.C. 552) (FOIA), the Privacy Act (5 U.S.C. 552a), and the
Trade Secrets Act (18 U.S.C. 1905). If confidential treatment is
requested, submitters should specifically designate the information it
considers confidential. Such requests will be handled in accordance
with CBP Regulations (19 CFR 103.35) regarding the protection of such
information.
If you need help classifying your exports and want the assistance of CBP, you should contact our office by e-mail or call (734) 855-4999. We are experienced in adressing specific concerns of clients before federal angencies, congressional committees, and classifying products in the HTSUS. You can also make use of our other articles, such as:
U.S. Customs and Border Protection seizes a lot of money. In the last fiscal year, customs seized more than $81 million dollars in “undeclared or illicit currency.” On June 6, Customs seized over $39,000 in cash from a traveler arriving from Nicaragua. The story says it was seized for a “failure to properly report currency” exceeding $10,000, however, the fact that the money was tucked away in the pockets of 3 different pairs of jeans could give Customs enough facts to allege that it was concealed for the purposes of evading the report requirement — otherwise known as bulk cash smuggling.
U.S. Customs and Border Protection officers working at George Bush Intercontinental Airport, June 6, seized over $39,000 after a traveler failed to properly report the money as required by U.S. law.
Some of the money was stored in the pocket of the traveler’s clothing.
The traveler, a 39-year-old U. S. citizen, arrived from Managua, Nicaragua and was enroute to Los Angeles, California.
While conducting an enforcement operation, CBP Officers encountered the traveler, and asked if he was transporting more than $10,000 in either currency or other monetary instruments. The traveler reported he was transporting $7,800; however, a search of his luggage discovered U.S. currency tucked in the pockets of three pair of jeans packed in his suitcase. The total amount of currency seized was $ 39,162.
The currency was seized for failure to properly report currency in an aggregate amount exceeding $10,000.
“International travelers are provided multiple opportunities to truthfully report the amount of currency they are carrying,” said CBP Port Director Charles Perez. “Those who refuse to comply with the federal reporting requirements face the risk of having that currency seized.
“There is absolutely no limit to the amount of currency a traveler can bring into or take out of the United State,” Perez added. “The only requirement is to report amounts that reach or exceed $10,000.”
Travelers report currency by completing FinCEN Form 105 and giving it to a CBP officer. Currency is not limited to U.S. currency, but includes all negotiable monetary instruments such as Traveler’s Checks, money orders and securities. A complete list of negotiable monetary instruments is available on FinCEN Form 105.
Some of that money might be connected to illegal activity but a lot of that money is also from innocent, arriving travelers, confused about the currency reporting requirement. This appears to be one of those innocent cases where, for whatever reason (be it panic, ignorance, or unfair questioning), he only reported $7,800 instead of the nearly $40,000 that he was carrying. Because Customs has not disclosed his name, it sounds as though criminal charges were not filed yet.
If you have had your currency seized, please call our office at (734) 855-4999 to speak to a customs lawyer, or e-mail us through our contact page. We are able to assist with cash seized by customs around the country, including Chicago, Atlanta, New York, Los Angeles, Orlando and many other places, and not just locally in Detroit. Please read these other articles:
CBP is reporting on a story of a bulk cash smuggling seizure of $25,000 in Arizona.
Coincidentally, we are in the process of preparing an article on the consequences of bulk cash smuggling currency seizure cases and how they differ from money seizure for a simple failure to report amounts over $10,000. The bulk cash smuggling charges are far more serious than the (already serious) failure to report charges. If you’ve had your cash seized for bulk cash smuggling under 31 USC 5332 (more on that law HERE) then you really need an attorney — that’s because even when legitimate source and intended use are proven — you could still lose all of your cash because it was smuggled.
Here’s the story, told along with other various exploits of Yuma CBP:
Friday night, an immigration inspection of a Greyhound Bus in Blythe, Calif. resulted in the seizure of $25,000 from a female Legal Permanent Resident Card holder. The female had the cash taped to her waistline. She claimed she was just transporting the money. The currency was seized as per Yuma Sector guidelines and the female was released.
If you have had money seized by CBP and don’t know what to do, call our office at (734) 855-4999 or through our contact page. We are able to assist with cash seized by customs around the country, including Chicago, Atlanta, New York, Los Angeles, Orlando, San Francisco, Miami, and many other places, and not just locally in Detroit. Please read these other articles:
Typically, counterfeit importations are just subject to seizure. In other words, the ‘penalty’ is loss of the goods through government seizure and forfeiture. However, Customs can impose monetary penalties under 19 USC 1526(f) on “any person who directs, assists … aids and abets [in] the importation of merchandise for sale or public distribution” once the property is seized.
Customs may presume that the large quantities means that is must have been intended for sale or public distribution. Thus, this person may have exposed himself to a monetary penalty equal to the MSRP of the seized goods as if they were real. It could be that it was meant for public sale or distribution, or it could just be that all these articles were intended for personal use and the buyer just could not stop himself from getting a good deal. Here’s the story:
U.S. Customs and Border Protection officers working at the George Bush Intercontinental Airport seized counterfeit Gucci, Burberry, Lacoste, Versace, Armani, Ferrari, Coco Chanel, Tory Burch and Michael Kors merchandise, May 13,
Counterfeit Clothing Seized by CBP
valued at more than $48,000.
The seized items included shirts, hats, shoes, purses and jewelry destined for Houston.
CBP officers conducted an inspection of a passenger arriving from El Salvador with checked bags. During the inspection, they discovered 161 brand-named articles that appeared to be counterfeit. The items did not appear to be of the quality consistent with legitimate goods as the items included unusual labeling and the markings on the clothing were not manufactured by the trademark holders.
Counterfeit Chanel Jewelry
“Packing hundreds of phony articles in suitcases doesn’t release passengers from their obligation to adhere to U.S. import laws and requirements,” said Houston CBP Port Director Charles Perez. “This seizure protects the trademark holder, their businesses and their employees and denies criminal organizations from reaping profits from the sale of counterfeit and illegitimate consumer goods.”
Counterfeit Chanel jewelry was among the seized items. Watches and jewelry topped the list of seized items sorted by value in fiscal year 2014.
CBP officers obtained digital images of the merchandise and forwarded them to the trademark owner to determine their authenticity. After verifying that the merchandise was counterfeit, CBP seized every item for infringement of intellectual property rights.
You might be facing penalties from customs for importing counterfeit merchandise. We can help. Typically, we recommended preparing and filing a petition, with the assistance of legal counsel, which argues persuasively for the substantial mitigation, or when the facts and law warrant it, cancellation of the penalty in full.
Great Lakes Customs Law has been very successful in getting these kinds of penalties reduced and, sometimes, even eliminated entirely (some history of our success is HERE).If you have had merchandise seized by customs because they allege it is counterfeit and contains trademark violations and/or have a received a notice of penalty for importing alleged counterfeits or for making an importation contrary to law, call our office at (734) 855-4999 to speak to a customs lawyer, or e-mail us through our contact page. We are able to assist petitions for customs penalties and seizures around the country, including Detroit, Chicago, Atlanta, New York, Los Angeles, Orlando and many other places. Please read these other articles:
Here’s one of those seldom thought about counterfeit merchandise seizures: counterfeit autoparts. When you think about counterfeits you usually think about currency, clothing, watches, and things like that. You don’t typically think of auto parts being something is counterfeited. But apparently they are out there, and it happens a lot, and its dangerous. Here’s the story from Customs (full version here):
U.S. Customs and Border Protection (CBP) officers and import specialists seized more than 3,260 counterfeit automobile parts during an inspection at Port Everglades on May 8. The manufacturer’s suggested retail price of the counterfeit products is around $280,000.
CBP, along with U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI), targeted the shipment as part of a joint multi-layered enforcement operation focused on interdicting illegal counterfeit automotive parts.
The seizure included over 180 different types of vehicle parts ranging from small fuses to front ends.
Counterfeit automotive parts are a safety risk as they are of inferior quality compared to the authentic product and their failure to perform to standard could cause safety issues resulting in catastrophic failure.
You might be facing penalties from customs for importing counterfeit merchandise. We can help. Typically, we recommended preparing and filing a petition, with the assistance of legal counsel, which argues persuasively for the substantial mitigation, or when the facts and law warrant it, cancellation of the penalty in full.
Great Lakes Customs Law has been very successful in getting these kinds of penalties reduced and, sometimes, even eliminated entirely (some history of our success is HERE).If you have had merchandise seized by customs because they allege it is counterfeit and contains trademark violations and/or have a received a notice of penalty for importing alleged counterfeits or for making an importation contrary to law, call our office at (734) 855-4999 to speak to a customs lawyer, or e-mail us through our contact page. We are able to assist petitions for customs penalties and seizures around the country, including Detroit, Chicago, Atlanta, New York, Los Angeles, Orlando and many other places. Please read these other articles:
U.S. Customs and Border Protection seized $50,000 cash at a Philadelphia airport from a traveler arriving from Frankfurt, Germany. No criminal charges have been filed yet. The guy, when asked how much he was travelling with, told CBP a couple hundred bucks. Turns out he had about $50,000 more tucked away in a toiletry bag.
This is actually a pretty common occurrence. Why don’t people tell the truth? Well, panic can cause people to act irrationally. Uniformed law enforcement officers asking terse questions can throw anyone off guard, especially the unsuspecting traveler who was just trying to sleep upright on a 9 hour flight with screaming children two rows back. And oftentimes people don’t know the law, and Customs will usually not explain it to you, if at all, as they should.
Let’s have a look at the story…
CBP officers referred the man and his baggage, several shopping bags and a carry-on bag for a comprehensive secondary examination. He declared, on his Customs Declaration Form and verbally, that he possessed no currency. As CBP officers started inspecting his baggage, the man declared to possessing a “couple hundred dollars.” A CBP officer then discovered a stack of currency concealed inside a toiletry bag, which prompted the man to declare $50,000. The inspection revealed a total of $50,303.
There is no limit to how much currency travelers may bring to, or take from the U.S. However, federal law requires travelers to complete financial reporting forms for any amount that exceeds $10,000 in U.S. dollars or equivalent foreign currency. Travelers who refuse to comply with federal currency reporting requirements risk having their currency seized, and may potentially face criminal charges.
CBP officers provide travelers with multiple opportunities to report truthfully all of their currency.
“We hope that this seizure is a lesson for all travelers that the easiest way to hold on to their currency is to truthfully report it to a CBP officer,” said Susan Stranieri, CBP Port Director for the Area Port of Philadelphia.
If you have had cash seized by customs and are contemplating what to do next, please make use of the other information available on this website or call our office at (734) 855-4999 to speak to a customs lawyer, or e-mail us through our contact page. We are able to assist with cash seized by customs around the country, including Chicago, Atlanta, New York, Los Angeles, Orlando and many other places, and not just locally in Detroit. Please read these other articles:
When Customs or Homeland Security wants to discuss your Customs currency seizure case with you after filing a petition, by telephone or in person, including the contents of your petition, the sources of the money, or intended uses of the money… DECLINE. The scenario:
You foolishly decided to file your petition for remission of forfeiture for your seized currency without hiring a lawyer because you didn’t read our article about currency seizures. A few weeks has passed and you haven’t heard anything. On a quiet day you get a call from a blocked phone number, out of curiousity you answer it. The caller says:
“This is Special Agent Johnny Customs from Homeland Security Investiations. Is this the person who filed a petition for seizure of currency in Case Number 2015-3807-0000005-01?”
“Yes,” you answer, shocked.
“I’d like to ask you some questions about your petition.”
Upon hearing it, you panic. Hopefully you don’t say anything stupid or that can be interpreted as suspicious. This is a very real situation and a common occurrence.
Politely decline to speak with them. Then keep calm, and immediately contact your Customs Attorney.
The reason is as old as the hills: never talk to law enforcement. It can only go badly for you. Even though Customs is not your local police officer or the FBI, U.S. Customs, Immigration and Customs Enforcement, and Homeland Security Investigations agents and officers are all the same; they are police. The same goes for a paralegal specialist. If you don’t believe us then watch this YouTube video called “Don’t Talk to Police“. You might be really motivated to talk because you want your money back. But the guy who wants to interview you really does not want to give it back. The system is adversarial and any interview will be designed to work against you.
The request for an interview has happened when our law firm has filed petitions for returned of seized currency and the petition is referred to Homeland Security Investigations for further investigation or “technical review” (a topic we briefly discussed in our article about the length of time it takes Customs to decide a petition). I consider these interview requests a scare tactic to convince the petitioner to abandon the seized currency. I have had a homeland security agent try to bully me into producing my client for an interview and threaten that if my client did not abandon the currency, they would conduct a full-scale financial investigation, and involve the Homeland Security attache’s office in the country where the money came from. No one wants to believe that about their government or their country but there is no other way to interpret it other than bullying.
A good petition to retrieve seized currency gives Customs everything necessary in writing. Consequently, there is ABSOLUTELY NO GOOD REASON to participate in a telephone or sit-down, face-to-face interview, and talk about where the money came from, what was its intended use, or the events that led to the seizure (like the failure to report). The interview is designed to make you uncomfortable, intimidate you, uncover incriminating facts, or give Customs enough information deny your petition to get the money back.
If you have been contacted by Homeland Security Investigations and they have asked to interview you, please make use of the other information available on this website or call our office at (734) 855-4999 to speak to a customs lawyer, or e-mail us through our contact page. We are able to assist with cash seized by customs around the country, including Chicago, Atlanta, New York, Los Angeles, Orlando and many other places, and not just locally in Detroit. Please read these other articles:
and verbally, that he possessed no currency. As CBP officers started inspecting his baggage, the man declared to possessing a “couple hundred dollars.” A CBP officer then discovered a stack of currency concealed inside a toiletry bag, which prompted the man to declare $50,000. The inspection revealed a total of $50,303.
goes for a paralegal specialist. If you don’t believe us then watch this YouTube video called “