Tag: cincinnati

4 gold bars seized by Customs on export

Gold Worth $67,830 Sezied by Cincinnati CBP

On March 9, CBP officers discovered that someone was shipping gold bars out of the country in a box which was declared only to contain clothing.

That’s a problem.

The gold should have been declared on the shipping paperwork. And they exporter should have filed Electronic Export Information (EEI) in the government’s Automated Export System (AES).

Because they did neither of these things, the gold was seized. No doubt, the gold was seized for export contrary to law and probably, in the future, the involved person will receive a penalty for failure to file the EEI in the AES. So the seizure of the gold is not likely to be the only penalty.

There would be no duties owed if the gold was declared, because there are no export tariffs. A FinCen 105 form is not required because the gold is not a monetary instrument (although some minted coins are…). So what’s the point of the EEI filing?

Well, apart from giving “big brother” a sneak peak into your life, the primary reason is to ensure export laws are not violated and restricted or prohibited items are not being exported to restricted or prohibited countries or persons (i.e., sanctioned nations or sanctioned people).

Here’s an excerpt from the original story:

CINCINNATIā€”On March 9, U.S. Customs and Border Protection (CBP) officers stationed at the Port of Cincinnati seized an outbound shipment declared as containing clothing after they discovered it also contained loose gold and gold bars worth far more than the declared value of $125 USD.

Officers selected the shipment for an x-ray exam while conducting routine inspections on cargo exported from the United States to international destinations. After noting density anomalies during the x-ray screening, officers opened the shipment and found four gold bars and a box of loose gold concealed within articles of clothing. The package originated from an apartment in San Francisco, California and was headed for an address in Kowloon, Hong Kong.

Cincinnati officers . . . confirmed the gold was approximately 98% pure, leading import specialists . . . to assess the value of the shipment at $67,830.

[ . . . ]

CBP is responsible for ensuring that all goods entering and exiting the United States do so in accordance with all applicable U.S. laws and regulations. Exporters must file electronically through CBPā€™s Automated Export System if the value of their goods exceeds $2,500 USD. Failing to file or filing misleading export information can incur civil or criminal penalties and prosecution.

Have you had exports seized by CBP?

If you have had exported goods seized by CBP, you should give us a call at 734-855-4999, or use the contact and WhatsApp links on this page to reach out to an experienced customs lawyer in writing.

CBP Fines Agricultural Products Smugglers $98,000

When you heard that someone is a smuggler, or that they’ve smuggled something you typically think of smuggling drugs or other nefarious types of products. Most people don’t realize smuggling is essentially just another word for concealing. Concealing can be accomplished by outfitting a vehicle or container to hide products, by hiding illicit product with legitimate products in the same shipment, or by falsely declaring the contents of a shipment on an invoice or manifest.

In the story we quote below, the “shippers and freight forwarders employ[ed] fictitious shipper names and addresses, and provide[d] unrelated cargo descriptions” in an effort to smuggleĀ the goods into the country. The goods were prohibited agricultural goods that contained unsafe foods or a risk of harboring invasive insect species. CBP takes this very seriously in the wake of the destructive effects posed by species that arrived in the United States via importation, like the Emerald ash borderĀ (see our article onĀ Regulated Wood Packaging Violations)

In the story, U.S. Customs & Border Protection Agriculture Specialists conducted a special operation to “interrupt an extensive network of purposely mislabeled and high risk agriculture products coming from Hong Kong, China, India, and Saudi Arabia that were “en route to various locations throughout the United States, including ethnic restaurants, food stores, and private residences.”

From the story, which you can read in fullĀ HERE, that the purchases were largely made by consumers over the Internet.

Various concealment methods were discovered during this operation. CBPAS found meat smuggled in fish packets and tea bags, fruits inside sealed cookie bags, loose and packaged seeds within candy wrappers, and seeds in foil-lined bags in an effort to avoid x-ray detection.

The prohibited contraband included fresh plums and other fresh plant products, eggs, propagative plant materials including invasive species, and fresh and processed poultry and pork products coming from countries with known virulent disease outbreaks such as Highly Pathogenic Avian Influenza (HPAI) and Foot and Mouth Disease (FMD).

In total, this special operation yielded 1,104 inspected shipments, 73 shipments Returned to Origin (RTO), 198 Emergency Action Notifications (EANs), four mis-delivery penalties, and 98 mis-manifesting penalties netting a total of $98,000 in fines. Additionally, CBPAS destroyed over 900 pounds of contraband from 146 shipments and found 10 pest interceptions.

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If you need help petitiong for the mitigation of penalties with customs you should contact our office by e-mailĀ or call (734) 855-4999. We areĀ experienced in defending customs penalties and preparing detailed and well argued petitions for mitigation of penalties or liquidated damages. You can also make use of our other articles, such as:

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