Tag: penalty

An image of 11 counterfeit championship rings that were seized by Detroit U.S. Customs & Border Protection at Detroit Metropolitan airport.

Detroit CBP Seizes $680k in Counterfeit Championship Rings

CBP at Detroit Metro Airport seized $680,000 worth of counterfeit championship rings that were being imported into the United States from China. This counterfeit seizure by happened in April, but it is just now making the news.

That’s probably because the story finally made it from FP&F to CBP’s press department, or because the notice of seizure was finally mailed after a final determination by CBP that the rings were actually counterfeit. A valuation of $680,000 means that Customs is putting an MSRP value on each ring of $5,000.

Recall that each time you cause an importation of a counterfeit item into the United States it subject to seizure and you are subject to a penalty, as the importer, for up to the value of the goods if they were real. You can read more about that in our other articles on that topic: Importing Counterfeit Trademarks – Customs Seizures & Penalties; Part 1 and Part 2  (click to read).

The use of a fictitious name by the importer opens the importer up to additional liability beyond merely violation 19 USC 1526(e) (importing counterfeits), by charges involving fraud. Not a smart move. Here’s the story:

DETROIT— In late April, U.S. Customs and Border Protection (CBP), Office of Field Operations at the Detroit Metropolitan Airport seized $680,000 (MSRP) in counterfeit NHL, NFL and MLB championship rings in a shipment that originated on a flight from China.

While conducting operations at a DHL consignment facility, the Cargo Enforcement Team selected and examined a shipment of rings from China, resulting in the discovery of 136 counterfeit championship rings from the National Football League, National Hockey League and Major League Baseball. In all, the counterfeit rings displayed the names and logos of several teams such as the Dallas Cowboys, Pittsburgh Steelers, New York Giants, Oakland Raiders, New Orleans Saints, and New York Jets. The shipment also included rings for the Chicago Black Hawks and the Boston Red Sox.

The company identified as the receiver of the rings used a fictitious name and was found to have previous copyright/trademark violations.

Have you had allegedly counterfeit merchandise seized by CBP in Detroit?

Not only do you have rights to contest the determination that the merchandise was counterfeit (like getting a sample of seized merchandise), but if you’ve been penalized we are very successful in getting penalties reduced or eliminated entirely. Click the contact button on this page to get in touch with us today!

U.S. Customs Seize $541,000 in Unsafe Consumer Products

When importing into the United States an importer must make sure to comply with the customs laws for classification, valuation, invoicing, etc. But they also must make sure that they’re products are not harmful or in violations of the myriad of other regulations enforced by CBP at the border; whether they be FDA, Department of Agriculture, or the Consumer Product Safety Commission. Recently, customs seized over half a million dollars in unsafe consumer products in a joint effort with the French government.

The story below:

U.S. Customs and Border Protection (CBP) and French Customs General Directorate announce the results of Operation Bathe and Beaute, a bilateral Intellectual Property Rights (IPR) enforcement operation targeting counterfeit personal care products and electric personal care devices. The joint operation, conducted from April 8 through May 4, resulted in the seizure of 76 shipments of more than 31,000 counterfeit items for a combined manufacturer’s suggested retail price of $541,000.

“Operation Bathe and Beaute reflects our ongoing efforts to interdict illegal trade in counterfeit merchandise, which threatens the competitiveness of legitimate businesses and can jeopardize consumer health and safety,” said Assistant Commissioner Brenda Smith of CBP’s Office of International Trade.

Box of counterfeit items valued at suggested MSRP of $541,000.
76 shipments of more than 31,000 counterfeit items for a combined manufacturer’s suggested retail price of $541,000.

“After the successful Core Systems operation in late 2013, this fourth joint operation between CBP and French Customs demonstrates once again how important it is to exchange information and act together to fight organized crime in a global world,” said François Richard, French Customs Attaché.

The four week operation focused on personal care products and devices that potentially introduce dangerous chemicals and bacteria to the skin and eyes or burning or electrocution due to non-standardized wiring and ineffectual family planning protection to the consumer. Products seized during this event included make-up, condoms, hair removal devices, contact lenses, hair curlers, straighteners and skin cleansing devices.

 

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:

CBP Seizes Fake Apparel Worth $48K from Arriving Traveler

U.S. Customs and Border Protection seized a large amount of counterfeit clothing from a traveler that was arriving from El Salvador. I guess this puts to rest my belief that it is a rare occurrence when when Customs encounters somebody who is travelling from overseas with this large of an amount of counterfeit clothing.

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:

CBP Seizes $1.3M Worth of Counterfeit Toys

This is an odd story about a counterfeit seizure case because it’s unclear how customs determined the value of the seizure. Typically, the value of counterfeit seized merchandise is based on it’s MSRP; in other words, what the cost of the goods would be if they were genuine. In this case, the reason the product is counterfeit is an alleged “UL” logo — on what would otherwise be allowed imports, apparently.  Is customs valuing the added value of the UL mark? It is a point I would raise in any petition filed for mitigation of the penalty. The importers should expect to receive a notice of penalty from customs in the next few months.

Laredo, Texas – The Import Specialist Enforcement Team (ISET) at U.S. Customs and Border Protection’s (CBP) Laredo Port of Entry seized a total of 18 commercial shipments of counterfeit rechargeable toys over the summer, for allegedly infringing on the Underwriters’ Laboratories (UL) registered and recorded U.S. trademark. The total value of the shipments is nearly $1.3 million.

In the 18 enforcement actions, recently finalized, CBP import specialists from World Trade Bridge selected shipments of rechargeable toys for examination. During the examinations, CBP import specialists noticed that the Customs Penalty for Counterfeit UL Logobattery chargers accompanying each rechargeable toy all bore the UL trademark, which is a U.S. registered trademark recorded with CBP. ISET conducted a review and discovered that the shipments lacked legal authorization documentation to use the recorded trademark   A lead enforcement manager for UL confirmed that the use of their trademark was unauthorized and infringing on their recorded trademark. Given the foregoing, CBP’s ISET determined that the rechargeable toys in the shipments seized bore counterfeit trademarks and were subject to seizure. In these 18 enforcement actions, from late June to early September 2014, CBP subsequently seized a total of 4,671 rechargeable toys, which, had the trademark been genuine, is valued based on the manufacturer’s suggested retail price, in the amount of $1,292,953.00.

“Our ISET has done it again and through their diligence and attention to detail they prevented toys with chargers baring a counterfeit trademark from entering U.S. commerce and potentially causing harm to children,” said Joseph Misenhelter, CBP port director, Laredo Port of Entry. “Preserving Intellectual Property Rights and import safety are priority trade issues for CBP and our enforcement of these laws helps create a level playing field for all and strengthens the U.S. economy.”

How would you like to cough up $1.3 million for importing goods that bear a counterfeit logo into the United States? Like we have explained previously, this importer stands to face a hefty penalty for this customs counterfeit seizure.

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:

San Juan CBP officers seize counterfeit electronics

Many fail to grasp the importance of CBP seizures of counterfeit merchandise, and many fail to grasp they are liable for purchases made on the Internet that involve the importation of goods into the United States customs territory. It causes the trademark holder harm, confuses the purchasers, steals money from consumers who overpay for fakes, and destroy a reputation for brand quality. Some counterfeits, like electronics with a fake testing laboratory certifications, or those missing legally required safety features, are simply dangerous.

The story that follows perfectly demonstrates the reasons why customs seizes counterfeits and often penalizes people who import them, my comments are in [brackets] (original story HERE):

The Internet has made it easy to find and purchase items from almost anywhere in the world [NOTE: Something we talked about in Customs Liability for Internet Purchases – CLICK HERE]. With a high demand for well-known brands, many online vendors sell counterfeit products online, infringing on various trademark holder’s rights and revenues.

US Customs and Border Protection (CBP) San Juan Field Operations officers and import specialists seized this past weekend various courier consignments that contained counterfeit speakers, car beepers [??], iPhone CBP Counterfeit Seizureparts, cell phone front screens, USB cables and writs-watches [seizure of counterfeit iPhone and Apple parts is a popular past-time of CBP].

Various consignments inspected by CBP officers at the San Juan Air Cargo facility, revealed products that infringed the intellectual property rights of Dr. Dre beats, Pandora, Samsung, BMW, Belkin and Disney trademarks.  The products were shipped from vendors in China and Hong Kong. “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.  “Protecting intellectual property rights (IPR) remains a CBP priority trade issue.”

Consumers seek and purchase particular brands of products, believing that such brands have an intrinsic guarantee of their quality.  Without a brand to protect, counterfeiters just seek to produce superficial quality products and take advantage of the loyalty that consumers have for a branded product. Poor quality products end up destroying the reputation of the copied brand, when it becomes impossible to distinguish the real product from a counterfeit.

The last paragraph raises an interested question that I haven’t found a client willing to argue before customs yet: what happens when the products aren’t counterfeits, but are gray market goods that the trademark holder does not want imported into the United States? In other words, what happens when people inside the factory where genuine goods are made take some product out the backdoor and sell it online, and it gets imported into the United States? That’s an interesting question indeed….

Like we have explained previously, anytime your imports violate the law you face a hefty penalty for  a CBP counterfeit seizure. We can help you if you are facing penalties from CBP for importing counterfeit trademarked merchandise. 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).

Call our office at (734) 855-4999 to speak to a customs lawyer, or CONTACT US HERE. 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. Consult a customs lawyer who is well acquainted with the laws enforced by the customs service and who can judge the legality of the transaction, by even getting a prospective ruling from customs in advance.

Please read these CBP counterfeit seizure articles:

Customs Seizure & Penalty for Counterfeits and Uncertified Engines

Importing is a tricky business that presents a trap for the novice. You may think you can import merchandise that can be used to make a few quick dollars on because of a high profit margin. The story below falls into that category.

This person attempted to import 300 Wii controllers, 400 USB convertors, and 200 small motorcycle engines. If successful, there was some money to be made. But the problem was the Wii controllers and USB converters were counterfeit, and the 200 small motorcycle engines lacked an important EPA certification.

The consequences? Customs seized the counterfeits and the small motorcycle engines are an importation contrary to law because of the failure to have certification by the EPA.

PORTAL, N.D. — U.S. Customs and Border Protection (CBP) officers recently targeted a rail container at the port of Portal, North Dakota. In February 2014, CBP officers inspected the rail container and discovered merchandise that violated multiple laws and regulations. The merchandise consisted of approximately 300 counterfeit Wii remote controllers, 400 counterfeit USB converters and 200 small motorcycle engines that were not certified by the U.S. Environmental Protection Agency (EPA).

CBP determined that the trademark was counterfeit on the Wii remote controllers and USB converters. As a result, CBP seized those items. The counterfeit merchandise had a Keep Calm and Contact Your Customs Attorneymanufacturer’s suggested retail price of $20,800. In addition, CBP seized the small engines that were found not to be certified, as required by the EPA. The manufacturer’s suggested retail price for the engines was $16,400.

“CBP continues to play a key role in Intellectual Property Rights enforcement,” said Brent Beeter, the Port Director in Portal. “CBP continues to stay focused on combating the illegitimate trade in counterfeit products.”

Stopping the flow of illicit goods is a Priority Trade Issue for CBP. The importation of counterfeit merchandise can damage the U.S. economy, and threaten the health and safety of the American people.

With the growth of foreign trade, unscrupulous companies have profited billions of dollars from the sale of counterfeit and pirated goods. To combat the illicit trade of merchandise violating laws relating to intellectual property rights (IPR), trademark and copyright holders may register with CBP through an online system. Such registration assists CBP officers and import specialists in identifying violative merchandise.

CBP’s IPR enforcement strategy is multi-layered and includes seizing violative merchandise at our borders, pushing the border “outward” through audits of suspect importers, cooperating with our international trading partners, and collaborating with industry and governmental agencies to enhance these efforts.

Many fail to grasp the importance of customs seizing counterfeit or uncertified merchandise. The reason might be a failure see the harm that it causes to the owner of the trademark, by confusing their purchasers and destroying a reputation for quality, or just not caring about the consequences in quest for making themselves some money. To those and others, I say: Consult a customs attorney who is well acquainted with the laws enforced by the customs service and who can judge the legality of the transaction, even getting advice from customs in advance.

You might be facing penalties from customs for importing counterfeit trademarked merchandise or for importations contrary to law. We can help. You can pay the penalty or, as we recommend, file a petition for mitigation to ask for a reduction in the penalty. Once the notice of penalty is sent, the recipient has either 30 days to pay the penalty or file a detailed petition arguing the legal bases for further mitigation (reduction) or cancellation of the penalty. 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:

 

 

Customs Seizure & Penalties for Fake & Faulty Hairdryers

Many fail to grasp the importance of customs seizing counterfeit merchandise. The reason might be a failure see the harm that it causes to the owner of the trademark, by confusing their purchasers and destroying a reputation for quality. Another reason might be because they never got scammed into buying a product at full price… only to find out it is a worthless counterfeit. But sometimes counterfeits are dangerous.  Like electronics with a fake testing laboratory certifications, or those missing legally required safety features. The story that follows perfectly demonstrates the reasons why customs seizes counterfeits and often penalizes people who import them (original HERE):

HOUSTON – U.S. Customs and Border Protection officers have seized nearly 5,000 hair dryers as the required Ground-Fault Circuit Interrupters that

Images from Seizure

protect consumers from electrical shock or electrocution hazards were missing. The hair dryers, which originated from China, have a Manufacturer’s Suggested Retail Price of almost $330,000. “This seizure is the latest example of the vigilance and attention to detail our officers pay to protect consumers from imported goods

Image for Seizure

that pose a dangerous risk,” said CBP Houston Area Port Director Dave Fluty. During an examination of the shipment, officers found the dryers missing the immersion protection plug and bearing a suspect trademark logo. Officers coordinated with Consumer Product Safety Commission and with the CBP Intellectual Property Rights Rights [sic] Branch, Regulations and Rulings, Office of International Trade to verify authenticity. The CBP IPR Branch confirmed the products were counterfeit, and a CPSC evaluation of product samples concluded the required immersion protection plug was missing resulting in the seizure of the entire shipment that contained more than 400 boxes of the faulty articles. According to CPSC, consumers should look for a large, rectangular-shaped plug at the end of the hair dryer cord indicating the presence of a GFCI. The certification mark of a recognized testing laboratory should also be visible on the hair dryer or on the hair dryer’s packaging.

The individual who caused the importation is now liable to customs for penalties for 1) importing counterfeits into the United States under 19 USC 1526 and 2) importations contrary to law under 19 USC 1595a, because there was no GFCI on the hairdryers. It will prove to be a costly mistake. As we have previously explained, the penalties for the trademark violation are equivalent to the MSRP of genuine articles, or in this case almost $330,000; the penalties for importations contrary to law is equivalent to the domestic value of the imported merchandise, which is likely far less than the $330,000 figure and equivalent to, more or less, the price actually paid for the merchandise. I am sure any penalty in this case will be for at least $330,000.

You might be facing penalties from customs for importing counterfeit trademarked merchandise or for importations contrary to law. We can help. You can pay the penalty or, as we recommend, file a petition for mitigation to ask for a reduction in the penalty. Once the notice of penalty is sent, the recipient has either 30 days to pay the penalty or file a detailed petition arguing the legal bases for further mitigation (reduction) or cancellation of the penalty. 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:

 

Counterfeit Sunglasses Seized by Customs

Customs made another high value seizure of counterfeit merchandise being imported into the United States with infringing trademarks under 19 USC 1526. Customs seized 377 cartons of “Ron-Bei” sunglasses that they allege infringe the “Ray-Ban” trademark. This would be a good seizure and penalty case for our customs lawyer to defend, because it’s arguable whether the goods are counterfeit. The manufacturer’s suggest retail price, if the counterfeits were genuine, is $1,619.550. That is what the penalty amount will be calculated from.

We previously discussed, in a two article series, the dangers of importing counterfeit trademark merchandise into the United States, how it can result in seizure, monetary penalties, and how the importer can defend it. This story underscores the importance of everything we discussed in those articles: Importing Counterfeit Trademarks – Customs Seizures & Penalties; Part 1 and Part 2  (click to read). 

Let’s have a look at the story (original HERE):

Counterfeit Sunglasses Seized By Customs
Counterfeit sunglasses with an estimated manufacturer’s suggested retail price (MSRP) of $1,619,550 seized by U.S. Customs and Border Protection officers at the Port of Savannah.

CBP officers discovered the shipment of sunglasses in a container that was selected for examination. During the inspection, officers discovered that the items bore a similar trademark to the Ray Ban Sunglasses logo. The items contained logos and similarities on the hang tags and the sunglasses that infringes Ray Ban’s trademark.

Ray Ban is an international company owned by Luxottica Group S.P.A. Luxottica Group is a manufacturer of eyewear with more than 7,100 optical and sun retail stores in North America, Asia-Pacific, China, South Africa, Latin America and Europe. In addition to a global wholesale network involving 130 different countries, the Group manages leading retail chains in major markets in North America, Asia, China, and Latin America.

CBP protects businesses and consumers every day through an aggressive Intellectual Property Rights enforcement program. CBP targets and seizes imports of counterfeit and pirated goods, and enforces exclusion orders on patent-infringing and other IPR violative goods. Detailed information about recording intellectual property rights and reporting intellectual property infringement to CBP can be found on the CBP website.

Whoever wrote up this news release for customs should get a little money from Ray Ban for the free product pitch in the middle paragraph. Importing counterfeit items into the United States is a very serious matter. First, it is very likely that after seizure the property will be forfeited and destroyed by the U.S. government if, in fact, they are violative of the trademark laws.

Once forfeiture is perfected, the person who caused the importation will probably get a notice of penalty from U.S. Custom & Border Protection in the mail for the equivalent of the value of the products if they were real. The importer will have a chance to respond to customs’ notice of penalty with the Fines, Penalties, and Forfeitures office by filing a petition for mitigation and ask customs to reduce the penalty based on the presence of certain mitigating factors that customs particularly looks for. Great Lakes Customs Law has been very successful in getting these kinds of penalties reduced and, sometimes, even eliminated entirely. If the person fails to pay the penalty, the government can bring a lawsuit in federal district court to recover the penalty in the form of a judgment, after which point the government can lien property, garnish bank accounts, and seize property.

If you have had money or merchandise seized by customs because they allege it is counterfeit and contains trademark violations, 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 seizures nationwide.

Customs Wood Packaging Material Violations In The News Again

Wood Packaging Material violations and penalties should be something you don’t hear about in the news anymore. But WPM violations and the penalties that come with them, still rear their head everyone once in a while. We authored an article on everything you need to know about Regulated Wood Packaging Material violations and penalties, which discussed the elements of a violation, possible resolutions for the importer who is facing re-export of WPM, and notice of penalty for importations contrary to law for WPM violations.

The reason this should be something that don’t hear about anymore is because the restrictions on WPM have been in place since 2005… the trade community was given ample time to comply. Yet still, almost 10 years

WPM Mark
WPM Mark

later, customs released a C-TPAT alert for non-compliant wood packaging material violations. The whole alert is HERE, but I quote some parts below:

The purpose of this C-TPAT Alert is to inform all C-TPAT Partners, particularly its sea carriers, of recent interceptions of non-compliant wood packing material (WPM) used in flat rack cargo carried by ocean vessels traversing the Mediterranean.

WPM is defined as wood or wood products (excluding paper products) used in supporting, protecting, or carrying a commodity. Some examples of WPM include: bins, cases, cratings, reels, load boards, boxes, containers, pallets, skids, dunnage and crates. Snails and other pests may infest non-compliant wood packing material. These pests are regulated under the Federal Plant Protection Act. Snail

infestations of WPM is just an example of a threat that targets the world’s agriculture and the Nation’ food supply. With the ever increasing amount of trade, the threat to U.S. crops and livestock is real.

The commodities with the highest incidence of WPM pests include: manifested WPM; machinery (including auto parts); metal products; and stone products (including tile).
Other high risk commodities include electronics and electronic components, finished wood articles, plant products and foodstuffs.

Please read our article including everything you need to know about WPM violations by CLICKING HERE.

If you have been informed that you wood packaging material is in violation of the law and needs to be re-exported, immediately call or e-mail office at (734) 855-4999 and we can prepare an application to separate violative wood packaging material so that, if it is granted, you do not have to undergo the time and expense of re-exporting the merchandise you are trying to import.

If you have received a notice of penalty or liquidated damages and are being told you must pay as a result of the violation, immediately call or e-mail our office at (734) 855-4999 and we can prepare a petition for mitigation of the penalty amount.

Never pay full price in a penalty proceeding!

 

Customs Counterfeit Seizures; Counterfeit Guitars

Back in May, Customs made a large seizure of counterfeit guitars in Jersey City. We previously discussed, in a two article series, the dangers of importing counterfeit trademark merchandise into the United States; how it can result in seizure, monetary penalties, and how the importer can defend it. It also happens that this story deals with false country of origin marking on imported merchandise.

This story underscores the importance of everything we discussed in those articles: Importing Counterfeit Trademarks – Customs Seizures & Penalties; Part 1 and Part 2 and Importing Grey Market Goods (click to read). You should also review the articles we have published on country of origin marking, available Country of Origin Marking Requirements and Customs Country of Origin and Substantial Transformation. The story is below, with my emphasis in bold:

Jersey City, N.J. – U.S. Customs and Border Protection (CBP) officers working at the International and Counterfeit guitars seized in Jersey CityBulk Mail Center in Jersey City, N.J. discovered more than 185 counterfeit guitars with an estimated retail value of more than $1,000,000.

While examining oversize parcels, CBP officers discovered five guitars bearing the Gibson, Les Paul, Paul Reed Smith, and Martin trademarks, as well as the marking “Made in USA.”  The officers immediately suspected the guitars of being counterfeit based on the Counterfeit Guitar Seizurescountry of origin, poor craftsmanship, and packaging.

CBP has since identified more than 180 counterfeit guitars bearing additional trademarks of Epiphone, Fender, Taylor, and Ernie Ball—all being shipped through the same facility. Officers discovered business cards within the packaging, all referring to the same website. The website indicated these guitars could be purchased from China for about $200 to $500; but the manufacturer’s suggested retail price for authentic guitars range anywhere from $2,000 for basic models to $54,000 for signature models. The guitars were seized by officers and are scheduled for destruction.

“CBP is on the forefront of protecting the American economy and trademark holders. Counterfeit goods pose a serious threat to the consumer and economic loss to American business,” said Robert E. Perez, director of CBP’s New York Field Operations. “Enforcing intellectual property rights (IPR) remains a priority for U.S. Customs and Border Protection.”

CBP protects businesses and consumers every day through an aggressive IPR enforcement program.

Information about internet purchases is available. Additional information on CBP’s IPR enforcement efforts can be found at CBP IPR.

Notice how the false country of origin marking may have raised the suspicions of customs and caused them to investigate the legitimacy of trademark further. Trouble never travels alone. You should read about your liability for customs violations for things you purchase on the Internet.

If you have merchandise seized by customs and either lose your opportunity to get the merchandise back, abandon the merchandise, or ignore the notice of seizure, it may not be the end of trouble for the importer. In general, customs has the authority to fine or penalize anyone who violates the laws enforced by customs. This means that, weeks or months after the property is seized and forfeited, you may get notice of penalty in the mail from customs that demands payment of thousands of dollars in penalties! It could also mean you get a letter from the trademark holder threatening you with further legal action.

If you have had money or merchandise seized by customs because they allege it is counterfeit and contains trademark violations, 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 seizures nationwide.