Tag: petition for remission

Case Study: Two Currency Seizures at DFW – Why Hiring an Attorney Matters

Posted by Jason P. Wapiennik on September 17, 2025

When U.S. Customs and Border Protection (CBP) seizes currency for failure to report amounts over $10,000 under 31 USC 5316, the path to recovering your money can be complex, time-consuming, and full of legal pitfalls. Two recent cases from the Dallas/Fort Worth (DFW) port of entry illustrate the stark difference between navigating this process with an attorney versus going it alone.

Case 1: $40,228 Seized – Represented by Great Lakes Customs Law

Violation: Failure to report under 31 USC 5316
Amount Seized: $40,228
Date Seized: August 22, 2024
Attorney Hired: ✅ Yes
Petition Filed: September 26, 2024
Decision Made: March 5, 2025
Outcome: CBP returned all but $5,000

This case demonstrates the efficiency and effectiveness of hiring an attorney, which was in this case was Great Lakes Customs Law. We filed a petition for remission for this client, which was decided by CBP in just over six months after the date of seizure. Our client recovered nearly 88% of the seized funds and was very happy with the outcome. Importantly, had the petition been denied or too high a penalty required, we could have filed a supplemental petition, or pivoted to a claim or offer in compromise, keeping multiple options open.

Case 2: $14,310 Seized – Represented Self/No Attorney

Violation: Failure to report under 31 USC 5316
Amount Seized: $14,310
Date Seized: November 19, 2024
Attorney Hired: ❌ No
Offer in Compromise Filed: 10% of seized amount
Offer Rejected: August 19, 2025
Outcome: No refund of offer check; no decision letter received

We were contacted by this individual who shared with their story with us. This person chose not to hire a customs attorney and instead represented themselves and submitted an Offer in Compromise under 19 USC 1617, offering 10% of the seized amount. After waiting 9 months, the offer in compromise was rejected. Worse, the person did not know it was rejected because they did not receive a formal decision letter or a refund of the submitted check! Once they received the decision letter, the time for responding had already passed, but after repeated follow-ups, CBP extended the deadline by only 10 days. That person faced a difficult choice:

Submit a new offer in compromise, which may take months again
File a claim, which could lead to litigation

Key Takeaways: Why Hiring an Attorney Makes a Difference

Factor	Case 1 (Attorney)	Case 2 (Self-Represented)
Processing Time	~5 months	~9+ months and counting
Outcome	88% of funds returned	Offer rejected, no refund
Options Available	Supplemental petition, claim (court trial), offer	A new Offer in Compromise, claim (court trial)
Communication with CBP	Handled professionally	Delays, missing mail, short deadlines
Stress & Uncertainty	Minimal	High and ongoing

Conclusion

Hiring an attorney for a currency seizure case isn’t just about legal expertise—it’s about preserving your options, reducing uncertainty, and maximizing your chances of recovering your money. As these two DFW cases show, the difference can be thousands of dollars and months of stress.

If CBP has seized your money, don’t wait. Contact a customs attorney who understands the process and can advocate for your rights.

🏆 Real Results That Speak for Themselves

Before you decide how to respond to a currency seizure, take a moment to explore our real-world case results. We’ve successfully handled nearly 700 cases, recovering millions of dollars for travelers, importers, and everyday people just like you. These outcomes aren’t just numbers—they’re proof that experience, strategy, and persistence matter.

👉See our 15 year track record of success

Explore the Full Process of Currency Seizure & Recovery

To learn more about what happens after a seizure, how penalties are assessed, and how you can recover your funds, visit our comprehensive guide:

👉 A CBP Money Seizure Lawyer’s Guide to Recovering Seized Cash

Don’t navigate this process alone—get informed and take action.

⌛Take Back Control of Your Money Today

Don’t let a Customs money seizure derail your travel plans or financial stability. At Great Lakes Customs Law, we understand the stress and complexity of currency seizures. With years of experience on almost 700 cases, we’re here to guide you through the legal process and fight for your rights.

💵Act Now to Protect Your Cash

Contact Us for a Free Consultation: Let’s discuss your case and explore your legal options. We’ll listen to your story, understand your needs, and develop a tailored strategy to recover your seized money.
Gather Your Documentation: Start collecting relevant documents—such as bank statements, tax returns, and travel records. We’ll evaluate this to determine the best way forward for you.
Stay Informed and Prepared: We’ll keep you updated on your case and provide the tools and knowledge you need to make informed decisions.

🕛Don’t Delay – Every Moment Counts

If your cash has been seized by Customs, time is critical. Contact us immediately to take the first step toward resolving your case and reclaiming your money.

📞 Call us at (734) 855-4999
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Understanding CBP’s Election of Proceedings Form

Posted by Jason P. Wapiennik on October 28, 2015

What is an election of proceedings form?

Upon receipt of a notice of seizure for unreported currency by Customs, you will see that CBP asks you to complete an “election of proceedings form.” This article is intended to help you understand what the form is and what can be done with it. As always, you should consult with a lawyer before communicating with Customs and deciding how to handle your seizure case.

What’s the purpose of an election of proceedings form?

The CAFRA Election of Proceedings Form. — The CAFRA Election of Proceedings Form tells Customs how you want to proceed with your currency seizure case

This election of proceeding form does exactly that: it tells Customs how you want to proceed with your currency seizure case (or other property seizure case, for that matter, but we here are limiting this to CBP currency seizure cases) under various different laws and procedural options. This form presents you with a variety of options, all of which are explained in some legal detail on the form itself:

Petition Administratively
Officer in Compromise
Abandon Any Claim or Interest
File a Claim for Court Action

You should only choose what option is best for your case after consulting with a lawyer; often a petition makes sense, but there are many times when a claim or offer in compromise is strategically the best decision to get your seized cash back from customs.

What box should I check on the form, and should I file a claim?

You should not blindly sign and returning documents to Customs without completely understanding what you are doing. As CBP’s notice of seizure says, you can only elect/choose one option. Prior to contacting our office for a consultation, you may find our article about responding to a currency seizure an aid to your understanding of the currency seizure process.

I often see client’s mistakenly send in both an election of proceedings form that says they want to file a petition and a CAFRA Claim Form. These are clients who have started the process by themselves and quickly get frustrated and lost in procedural details, who finally seek our help to get their seized cash back from customs.

You cannot sign the election of proceedings form requested that CBP consider a petition, and then also simultaneously file a “CAFRA Seized Asset and Claim Form”. The two exclude each other; you cannot do both at the same time. You must either file a petition, file a claim, make an offer in compromise, or abandon your interest.

What does each option do?

Again, the election of proceedings form goes into a good amount of legal detail that we won’t repeat here. But basically:

Filing a petition keeps the proceeding with Customs, to be decided by the port’s Fines, Penalties & Forfeitures Officer;
Filing the CAFRA Seized Asset Claim Form removes the decision from Customs FP&F and puts the case in front of a federal judge;
Abandoning your interest does just that, relinquishes your interest in the property; and,
Making an offer in compromise essentially is an avenue for someone to make a settlement offer to the government to settle a “questionable” (i.e., implausible) claim or controversy, and the offer in compromise laws must be strictly complied with.

There are often very good reasons for filing a claim. But, when filing a claim, you should understand that submitting the CAFRA Seized Asset Claim Form will take the decision before a Federal district court judge. That means you will have to appear at a Federal district court on several occasions, exchange written discovery, take and have your deposition taken (that is, sworn testimony under oath and recorded), likely make and respond to several pre-trial motions (such as motion for summary judgment or motion to dismiss), and ultimately, have your “day in court” with a real judge and real government prosecutor’s cross-examining you about the circumstances of the seizure and your finances.

As stated, the analysis of “what box to check” should not be undertaken with consulting with an attorney who knows the customs laws. This article is not a substitute for the legal advice you would receive from a law firm like us, so do not rely on it.

I’m confused about what to do. Now what?

If you have had currency seized from Customs do not try to respond yourself but hire our firm, because we know what we are doing and have successfully handled many cases like yours. If you have questions, please give us a call at (734) 855-4999. 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 Seizes $14K at Dulles Airport

Posted by Jason P. Wapiennik on August 27, 2015

This customs cash seizure story at Dulles airport says the person who was traveling to Switzerland “reported possessing slightly less than $10,000”. That is suspcicious to CBP right there. If you tell CBP you’re carrying $9,800, customs will already suspect you because the amount is so close to $10,000.

It tells them that you know about the $10,000 reporting limit.

It also, of itself, may give rise to currency seizure for “structuring” because to transport an amount less than $10,000 for the purpose of evading the report requirement is illegal. So if you are only traveling with $9,800, but you tell Customs (or they have cause to believe) that you did not take more than $10,000 with you because you did not want to file a report…. you’re cash can be seized.

This story is below (original here):

Customs Seizure of $13,919 at Dulles Airport. Traveling with cash over $10,000 must be reported to CBP.

A woman was boarding a flight to Switzerland and was selected for questioning by CBP officers who were conducting an outbound international flight enforcement operation. The woman reported possessing slightly less than $10,000 and completed a financial reporting form stating that, however; a total of $13,919 was discovered on her person and in her luggage. CBP officers seized the $13,919 and advised her how to petition for the return of the currency.

“Travelers who refuse to comply with federal currency reporting requirements run the risk of having their currency seized, and may potentially face criminal charges,” said Wayne Biondi, CBP Area Port Director for the Port of Washington Dulles. “The travelers were given the opportunity to truthfully report their currency. The easiest way to hold on to your money is to report it.”

U.S. Customs Seizes $28k Outbound to Mexico

Posted by Jason P. Wapiennik on March 17, 2015

A relatively small amount of currency was seized from a Mexican couple leaving the United States last week at the southern border. The story, which comes to us from a CBP news release, makes no mention of arrest of the couple so it’s a fair assumption that there was no arrest.

Shortly before 8 a.m. on March 10, the Eagle Pass Enforcement Team – comprised of CBP officers from the Port of Entry and U.S. Border Patrol agents – inspected a 2002 Ford F-150 pickup truck as it departed the United States, bound for Mexico, via the Eagle Pass International Bridge I. Upon inspecting the pickup, which was occupied by a man and woman from Piedras Negras, Coahuila, Mexico, Enforcement Team officers discovered a large quantity of one-hundred dollar bills. Officers seized a total of $28,100 in undeclared currency.

What happens to the seized currency now? Well, it will be forfeited and become property of the U.S. government unless a person with an interest in the property makes an offer in compromise, files a claim, or files a petition with CBP’s Fines, Penalties & Forfeitures office to get the money back. The money can only be returned once a legitimate source and intended use of the money is proven. In most of our client cases, we file a petition. If you want to know what a petition for return of seized currency should include, read our article on Filing a Petition for Seized Currency.

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:

Filing a Petition for Seized Currency (with Sample and Tips) with CBP

Posted by Jason P. Wapiennik on February 19, 2015

If you are attempting to get your seized currency back from Customs by filing a petition for remission there are several legal requirements written into the Customs laws and regulations. Some do-it-yourselfers come to our customs law firm’s website looking for a sample currency seizure petition they can use to submit to Customs. Customs publishes its own set of forms for use in a wide variety of different customs enforcement/forfeiture contexts; for petitions there is a form called Petition for Remission or Mitigation of Forfeitures and Penalties Incurred (Customs Form 4609 (click to access)). The form is extremely basic and we do not recommended it for use in the context of a customs money seizure. It can be used as a starting point, though, because any petition must have at least the information from that form.

But any good petition for seized currency should have a lot more information to be effective. When we file a petition on behalf of our currency seizure clients they are at least 10 pages long because petitioning for the return of seized currency is a serious legal issue (read more about it here). Many people think it’s easy and sometimes Customs will lead you to believe it is. But why would you believe the people who just took your money? Here’s some of the questions that you should ask yourself before doing it yourself. Any lawyer you hire to help get your seized currency back should be able to answer these questions.

15 Questions to Ask Before Filing a Petition for Remission of Seized Currency with U.S. Customs:

Was the search of your baggage or person constitutional?
Was the currency seizure constitutional?
Who has the burden of proof?
What is the standard of proof that must be met by the party with the burden of proof?
Does the currency seizure constitute an excessive fine in violation of the constitution?
How do the federal courts in your state/circuit interpret the currency reporting requirement?
Did you violate the currency reporting requirement?
Are you admitting you violated the law? Are you saying too much? Are you not saying enough?
Are you admitting other violations of laws you are unaware of? (unlawful currency structuring, bulk cash smuggling, conspiracy, FCPA violations (bribes), or false statement to law enforcement, among others)
Did you bring the money from a country under economic sanctions, like Iran? If so, did you violate those sanctions or are you unintentionally admitting you violated those sanctions?
Were there any recognized mitigating factors or aggravating factors?
Are there mitigating factors that Customs has authority to recognize even though not in a written policy?
Did you make an oral amendment of your declaration the Customs did not honor?
Are documents properly notarized?
Are documents properly translated?

If your money was seized by CBP/customs call our office at (734) 855-4999 to speak to a lawyer, or e-mail us through our contact page (see our case results here). Our customs law firm handles currency/money seizures made by customs in Detroit and around the country. We are able to assist with cash seized by customs nationwide, including Detroit, Chicago, Atlanta, New York, Los Angeles, San Francisco, and Orlando.

Please read these other articles about money seizures by customs:

Dulles Airport Money Seizure by Customs of $43,015

Posted by Jason P. Wapiennik on January 29, 2015

A Dulles airport money seizure by U.S. Customs and Border Protection (CBP) resulted in a seizure of $43,000 from a U.S. Citizen returning from Ethiopia at Dulles airport. The money seizure occurred even though he reported traveling with more than $30,000 to CBP at Dulles, because his report of $30,000 was inaccurate. Even if you report having more than $10,000, the report must be accurate or your money will be seized (read “Responding to a Customs Money Seizure” HERE). He failed to report an additional $13,015 that he was in his baggage, which in the end, cost him $43,015. To get the seized money back from CBP at Dulles he will need to prove it came from a legitimate source and that it had a legitimate intended use. If he gets his money back he will face a penalty for this violation of the currency reporting regulations.

STERLING, Va. — U.S. Customs and Border Protection (CBP) Office of Field Operations (OFO) at Washington Dulles International Airport seized more than $43,000 from a U.S. citizen Sunday for violating federal currency reporting regulations.

The man arrived on a flight from Ethiopia and presented a CBP Declaration form declaring that he was in possession of $30,000. A CBP officer referred him for a secondary inspection where he completed a U.S. Treasury Department form reporting $30,000. During a baggage examination, a CBP officer found an additional $13,015 for a total of $43,015. CBP officers seized the $43,015 and advised the traveler how to petition for the return of the currency.

There is no limit to how much currency travelers can import or export; however federal law requires travelers to report to CBP amounts exceeding $10,000 in U.S. dollars or equivalent foreign currency.

“Travelers who refuse to comply with federal currency reporting requirements run the risk of having their currency seized, and may potentially face criminal charges,” said Wayne Biondi, CBP Area Port Director for the Port of Washington. “The traveler was given the opportunity to truthfully report his currency. The easiest way to hold on to your money is to report it.”

Last week we reported on two Dulles airport money seizures. Neither of these individuals were arrested, but the government has 5 years to make criminally charges. Our customs law firm handles Dulles airport money seizures made by customs and at other airports in Detroit and around the country.

If you’ve experienced a Dulles airport money seizure, you can learn more from our trusted customs money seizure legal guide and can contact us for a free currency seizure consultation by clicking the contact buttons on this page.

CBP Stolen Vehicle Seizure of Classic Jaguar

Posted by Jason P. Wapiennik on September 23, 2014

A CBP stolen vehicle seizure story proves that customs law isn’t always about currency seizures, product classification, country of origin marking, and trademark infringement. Sometime’s it’s about far less probable occurrences, like this interesting story from customs. The story is similar to one that previously occurred in the Port of Detroit about a 1965 VW Bug that was being exported, which was allegedly stolen at some point in the distant past. I share this story because it’s interesting and allows me to share with the public some of CBP’s own policy for stolen vehicle seizures.

CBP probably seized these vehicles for violations 19 USC 1627a, which covers the knowing exportation of certain stolen vehicles which also carries a $10,000 penalty under 19 CFR 192.3. The story does not tell us much about the exporter, but because the car was stolen more than 46 years ago, I seriously doubt the he knew the car was stolen. And if the exporter did not know the car was stolen, customs own guidelines state that the seized car can be returned to the to the person who obtained an ownership interest in good faith and without awareness of the theft. The story and comments below:

LOS ANGELES— U.S. Customs and Border Protection (CBP) officers in officers in partnership with a National Insurance Crime Bureau (NICB) Special Agent and a California Highway Patrol-Investigative Services Unit

CBP Seizure of Stolen Jaguar XKE

Investigator assigned to the Foreign Export and Recovery (FEAR) outbound team at the Los Angeles/Long Beach (LA/LB) seaport complex, recently recovered and seized five automobiles ranging from 47 years old to brand new.

Stolen 46 years ago in New York, in a container en route to the Netherlands, a white, two door 1967 Jaguar XKE convertible was discovered and ordered returned. When only a year old, that British sports car was taken from its residence between 11:15 p.m. on March 13, 1968, and 7:50 a.m. the following morning. It was a bullet grey color then, valued at $5,000. Today, in fair condition, it is worth about $23,600; others in better condition can fetch near $100K.

The collectible will be reunited with its excited owner who lives in Florida now and remarked over the phone, “This is just a miracle, a miracle. I was 36 years old then and now I’m 82. It was my first good car and favorite. It’s a wonderful car. I used to get up at 4 or 5 in the morning on either Saturday or Sunday and drive it 90 to 100 (mph) on the highway in New York. It was good for the engine in a car like that. I bought it brand new. I had it less than a year. I’m going to restore it. And, if anyone asks, I’ll tell them I’m very proud of my government.”

The four other cars seized are a stolen 1969 blue Chevrolet Corvette, and fraudulently obtained 1976 light brown and 2007 white Mercedes models 280 and E350, respectively and 2014 red Chevrolet Camaro ZL1.

Given that it was stolen more than 40 years and has probably passed through several different owners, I am willing to bet the current owner of the vehicle and whoever was going to be receiving it in Europe was surprised at the seizure. There could be some penalties in their future. If so, they should get a customs lawyer because they have a great chance of getting the car back by making a legal argument for its return through a petition for remission filed with the local FP&F Officer.

If you have a customs problem like this or any of the other customs violations our customs law firm handles, call our office at (734) 855-4999 to speak to a customs lawyer, or e-mail us through our contact page.

Holiday Weekend Customs Cash Seizures

Posted by Jason P. Wapiennik on August 29, 2014

Many customs cash seizures by U.S. Customs & Border Protection (CBP) are bound to happen all over the country this weekend at airports and border crossings. The increased amount of travel for labor day weekend will be a big factor, but most cash will be seized because as it is the start of the academic year. Foreign exchange students, graduate students, PhD candidates, visiting professors, researchers, and other professionals employed or sponsored by universities will be arriving in the United States with their tuition money or money for living expenses, and if they fail to report it to customs, it will be seized before they ever get a chance to use it. Get the details: Tuition Money Seized by Customs.

It does not matter that the money is legitimate. It only matters that there is a failure to make an accurate report to customs about how much money is transported. This reporting process usually starts by properly filling out your customs declaration form on arrival. Failure to properly report more than $10,000 transported into or out the country will result in a customs cash seizure. As we explained in previous articles, customs knows how to target arriving passengers to find people who might have money (Read: Targeting Customs Seizure Enforcement). If you are reading this after you already had a customs cash seizure then this article will tell you what to expect: Responding to a Customs currency seizure.

You can get your money back, but it will take time and effort. If you file a petition for remission, customs will require proof of the source of the money and its intended use. Customs has stringent requirements for getting your money back. They have specific documentation requirements depending on the country the money came from. Although the process is difficult and time consuming, it is almost always worth trying to get your money back. There is no customs cash seizure case that is hopeless, even if the documentation is missing or unavailable! For the best chances of success, you should hire a customs lawyer with a track record of successfully getting seized currency back from customs.

We are that experienced customs lawyer. If you have had your tuition money seized by customs, call us at (734) 855-4999 or contact us HERE because Great Lakes Customs Law can help.

Read these other articles about customs cash seizures:

Customs Seizure & Penalty for Counterfeits and Uncertified Engines

Posted by Jason P. Wapiennik on August 21, 2014

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 manufacturer’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

Posted by Jason P. Wapiennik on August 19, 2014

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.