Tag: seizure

Customs Counterfeit Seizures; Counterfeit Guitars

Posted by Jason P. Wapiennik on June 10, 2014

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 country 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.

Customs Counterfeit Seizure; Soccer Jerseys

Posted by Jason P. Wapiennik on June 6, 2014

One of customs’ trade enforcement priorities is stopping the flow of counterfeit goods into the United States. Recently, customs seized counterfeit soccer club apparel that was imported into the United States with a street value of over 1 million dollars — “street value” here means the value of the merchandise if it was authentic. We have discussed the perils and consequences of importing counterfeit trademark merchandise into the United States in previous articles, namely Importing Counterfeit Trademarks – Customs Seizures & Penalties; Part 1 and Part 2 and Importing Grey Market Goods (click to read).

The whole story is HERE, but let’s take a look at it below with my emphasis in bold:

SAVANNAH, Ga. – Soccer, known internationally as football, is the world’s most popular sport today. So it’s no wonder that some vendors will do anything to capitalize on this popularity, even if that includes resorting to theft; theft of a trademark holder’s rights and revenues.

It’s U.S. Customs and Border Protection’s (CBP) mission to tackle counterfeit imports, and officers and import specialists in Savannah, Ga., scored a seizure of soccer apparel, April 11, which exceeded $1 million in manufacturer’s suggested retail price (MSRP).

Shipment arrived from China March 12. It contained 390 cartons of soccer t-shirts, socks, shorts and other merchandise.

“Trade in counterfeit and pirated goods threatens America’s innovation economy, the competitiveness of our businesses, the livelihoods of U.S. workers, the economic security of our country, and in some cases, the health and safety of consumers,” said Reginald Manning, CBP Director of Field Operations in Atlanta. “Together with our enforcement partners, Customs and Border Protection continues to guard the nation’s borders against counterfeit products.”

The shipment arrived from China March 12. It contained 390 cartons of soccer t-shirts, socks, shorts and other merchandise that was destined to an address in Chamblee, Ga.

CBP import specialists placed an inspection hold on the shipment and had the container trucked the following day to CBP’s central examination station. That’s when CBP discovered several t-shirts bearing patches of professional soccer clubs and detained the shipment for trademark verification.

The apparel, which has an MSRP of $1,016,399, represented Arsenal, Barcelona, Celtic, Chelsea, Mexican Federation, Paris Saint-Germain, and Real Madrid football clubs.

CBP requested that the importer’s broker submit authorization letters from the respective trademark holders to import their branded items, but on March 27, the broker reported that the importer did not have authorization.

Over the next week, representatives from Arsenal, Celtic, and Chelsea football clubs reported to CBP that samples of the merchandise bearing their brand was indeed counterfeit. CBP then officially seized the shipment.

View or download still photos of the seized merchandise.

Protecting intellectual property rights (IPR) remains a CBP priority trade issue.

CBP protects businesses and consumers every day through an aggressive IPR enforcement program. CBP targets and seizes imports of counterfeit and pirated goods, and enforces exclusion orders on patent-infringing and other IPR violative goods.

The People’s Republic of China, where this shipment was manufactured, remains the primary source economy for counterfeit and pirated goods seized by CBP and its primary IPR partner, Immigration and Customs Enforcement (ICE), with a total value of $1.1 billion. That number represents 68% of all IPR seizures by MSRP in FY 2013.

In addition to China, CBP and Immigration and Customs Enforcement (ICE), seized counterfeit merchandise from 73 additional economies during FY 2013, including Hong Kong, India, Korea, Singapore, and Vietnam.

The most interesting part of this article to readers of this blog should be the the customs brokers was asked for proof of authorization from the trademark holders to import trademarked merchandise into the United States, but was unable to do so. Basically, customs was asking the broker to prove the items were not counterfeit – or that the trademark holders would not object to them being imported into the United States. Not likely to happen, that. If you can obtain the consent of the trademark holder, you’re much more likely to be able to import them to the US.

In Part 2 of this series, we discuss when and how customs can assess a monetary penalty after the counterfeit property is seized and forfeited.

Detroit Customs Seizes Imported Machine Gun

Posted by Jason P. Wapiennik on June 2, 2014

Customs in Detroit recently seized a firearm, as detailed in a local and interesting news release. In this case the firearm was a .50 caliber machine gun. The original story is available here, but it is reproduced in full below. The only information we have available is that which is in the news release, which is a bit foggy on the details, but nevertheless it appears this was primarily a problem with insufficient and incorrect/misleadings documents presented to customs at the time of entry into the United States. The driver of the commercial cargo van only presented a manifest and a “generic email” the described the shipments as machine gun parts when, allegedly, it was an “assembled” U.S. origin machine gun (picture below, appears disassembled but more than just “parts” as described by the manifest).

Ultimately, Customs seized the gun apparently not because it was prohibited from entry, but because the importer “failed to satisfy federal importation procedures [regarding] documentation, manifest, bill of lading, entry type, proper invoice, tariff classification and proper disclosure of intent.” The story below:

DETROIT- U.S. Customs and Border Protection (CBP) at the Fort Street Cargo Facility in Detroit seized a .50-caliber machine gun during a cargo inspection. .50 Cal Machine Gun Seized at Fort Street Cargo Facility
On May 13, a commercial cargo van arrived at the cargo facility with only a copy of an electronic manifest and no invoice to describe the cargo. The only information about the shipment provided by the driver was the manifest, listing the shipment as Cal Machine gun parts and a generic email. The shipment was in fact, an assembled .50 caliber machine gun manufactured by an Ohio company.

After consultation with Homeland Security Investigations, Immigration and Customs Enforcement and agents from Alcohol, Tobacco and Firearms (ATF), CBP officers seized the machine gun as the shipment failed to satisfy federal importation procedures in regards to documentation, manifest, bill of lading, entry type, proper invoicing, tariff classification and proper disclosure of intent.

“Both CBP and the importing community have a shared responsibility to maximize compliance with laws and regulations. CBP encourages importers to be familiar with applicable laws and regulations, especially when there are specific requirements related to a particular commodity,” said Rod Blanchard, CBP Port Director in Detroit.

A monetary penalty was assessed against the importer and the weapon was returned to Canada.

Importers and travelers should visit www.atf.gov for importation information for firearms.

Based on the story, it seems that all of these problems could have been avoided if the importer had done their customs law homework and either consulted with or hired a customs broker prior to attempting to import the machine gun into the United States. Here is where the story gets a little more confused; although it seems customs seized the machine gun, it also seems that the seizure was shortly remitted and allowed to be shipped back to Canada.

The bad news is that the importer was already assessed a penalty (also, if true, that’s a fast turn around for a penalty from customs — it can sometimes take months). Great Lakes Customs Law handles penalty mitigation proceedings (some history of our success is HERE) and, if not already done, this importer should seriously consider trying to get the penalty mitigated if the amount is high. I do wonder what the penalty amount and basis is for this particular alleged violation because I could foresee a variety of them including importations contrary to law, falsity of manifest, failure to declare, and a few others.

If you have had your merchandise seized or have received a notice of penalty from customs, call our office at (734) 855-4999 to speak to a customs lawyer about the possibility of getting your penalty reduced, or e-mail us through our contact page. We are able to assist petitions and in penalty cases by customs nationwide.

Counterfeit DVD Seizure by Philly Customs

Posted by Jason P. Wapiennik on May 23, 2014

Customs recently seized some counterfeit merchandise being imported through the port of Philadelphia. Yesterday, we began the first part of our series on what happens when a person or business imports counterfeit merchandise into the United States (please read the article, but I’ll give you a hint: it’s not good). As this customs news release points out, the reasons why customs seizes counterfeit merchandise is often more than just to protect the U.S. trademark holder, but because counterfeit products are often of lower quality and could cause serious harm to the consumers who use them. Read the article below with my own notes written in bold for a play-by-play of how the process of this seizure of counterfeit merchandise plays out.

PHILADELPHIA – The unofficial start to summer arrives in about two weeks, and as is customary, people are feverishly working on sculpting and toning their summer physique. Unfortunately, disreputable organizations know this too, and they prey on that motivation to sell under priced and potentially dangerous counterfeit exercise equipment and technology.

U.S. Customs and Border Protection (CBP) officers in Philadelphia recently seized 36 boxes of counterfeit BeachBody Focus T25 DVDs, and 12 boxes of counterfeit BeachBody P90X3 DVDs, worth an estimated $5,800 MSRP. [NOTE: As we will see in Part 2 of our series on counterfeit trademark customs seizures, MSRP is important when it comes to calculating the penalty the customs will issue to the importer].

The counterfeit DVDs arrived from Hong Kong in two separate shipments and were destined for two addresses in Philadelphia. CBP officers examined the shipments and detained them April 1 to determine their authenticity with the trademark holder, BeachBody. [NOTE: Customs contacts the trademark holder prior to formally detaining the merchandise to determine if the product is truly a counterfeit.]
Philadelphia CBP seized two parcels of BeachBody exercise DVS April 25, 2014.CBP simultaneously worked with the importer and broker to obtain specific authorization from the trademark holder permitting it to import BeachBody products. Neither was able to provide an authorization letter from BeachBody. [NOTE: If the importer has the consent of the trademark holder to import counterfeit merchandise, or if it can obtain permission from the trademark holder prior to forfeiture, it’s possible to get the counterfeits released from seizure].

BeachBody confirmed that the products were counterfeit. CBP seized both shipments April 25 for a violation of 19 USC 1526, Merchandise Bearing and American Trademark. [NOTE: The importer will receive a notice of seizure by mail, with the opportunity to respond by, among other things, filing a petition for remission].

“U.S. Customs and Border Protection urges consumers to be especially vigilant against purchasing suspected counterfeit technology products that may have a hidden, embedded virus that can steal your personal information, wipe your hard drive clean, or destroy your electronic devices,” said Susan Stranieri, CBP Port Director for the Area Port of Philadelphia. “If the price seems too good to be true, it likely is a counterfeit or pirated item, and is a potentially dangerous product.”

The counterfeit DVDs will be destroyed.

Protecting intellectual property rights (IPR) remains a CBP priority trade issue.

CBP protects businesses and consumers every day through an aggressive IPR enforcement program. CBP targets and seizes imports of counterfeit and pirated goods, and enforces exclusion orders on patent-infringing and other IPR violative goods.

The People’s Republic of China, where these DVDs were manufactured, remains the primary source economy for counterfeit and pirated goods seized by CBP and its primary IPR partner, Immigration and Customs Enforcement (ICE). In Fiscal Year 2013, 68 percent of all IPR seizures were for goods manufactured in China. The MSRP of those counterfeit goods was valued at approximately $1.1 billion.

In addition to China, CBP and ICE seized counterfeit merchandise from 73 additional economies during FY 2013, including Hong Kong, India, Korea, Singapore, and Vietnam.

To view counterfeit seizure statistics from 2013, visit CBP’s 2013 IPR enforcement results and CBP’s IPR enforcement for more information on this priority trade enforcement issue.

Inspecting international parcels for dangerous and illicit products remains a CBP enforcement priority.

CBP routinely conducts random inspections operations on passengers and air cargo searching for narcotics, currency, weapons and other prohibited or illicit products.

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 Money Seizure; $150K Seized at Border Crossing

Posted by Jason P. Wapiennik on May 9, 2014

What follows is an account of a currency seizure recently released by U.S. Customs & Border Protection where the traveler had almost $150,000 seized because he failed to report the currency. Anyone who transports more than $10,000 into or outside of the United States must file a report with customs, prior to or at the time of crossing. When customs seizes your currency after arriving at an airport or border crossing you should keep calm and contact us. Even though it seems like the end of the world, there are legal steps that can be taken to get your money back through forfeiture remission proceedings. On to the story (ORIGINAL HERE):

Officers with U.S. Customs and Border Protection, Office of Field Operations at the Hidalgo International Bridge seized $143,932 in unreported U.S. currency from a McAllen, Texas man as he attempted to enter into Mexico.

“This seizure of unreported U.S. currency was accomplished due to our officers’ outstanding attention to detail and excellent observational skills,” said Efrain Solis Jr., Port Director, Hidalgo/Pharr/Anzalduas. “Although transporting currency either way across the border is not illegal, as long as it is declared to CBP, most seizures of currency involve money having been obtained from illicit activities.”

CBP officers working at the Hidalgo-Reynosa Bridge outbound lanes on May 6 encountered a U.S. based taxicab as it attempted to exit into Mexico. The driver and lone occupant, a 40-year-old male U.S. citizen were asked to declare what they were transporting into Mexico, to include currency in excess of $10,000. After further interaction with the passenger, the taxicab was referred to secondary for further examination. During the process of the secondary inspection, CBP officers discovered bundles of U.S. currency concealed within the traveler’s personal belongings. CBP-OFO removed and seized several stacks of unreported U.S. currency, which totaled $143,932.

CBP-OFO arrested the male traveler and subsequently released him to the custody of Homeland Security Investigations (HSI) for further investigation.

When crossing the border with cash or monetary instruments, remember to stay calm and report anything in excess of $10,000 USD.

The reason your currency was seized by customs may be different. The vast majority of my client’s have had their money taken by customs at the airport or at the land borders because of miscommunication, ignorance of the reporting requirement, confusion, fatigue from travel, and other times because of unfair, if not necessarily illegal, enforcement tactics used by customs. If you have had money seized by customs, keep calm and 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 nationwide, including Detroit, Chicago, Atlanta, New York, Los Angeles, Las Vegas, and Orlando.

Please read these other articles from our customs law blog:

Customs Currency Seizure Assisted by K9

Posted by Jason P. Wapiennik on April 28, 2014

Customs seized currency at Dulles airport for failure to file a currency report for a man who repeatedly reported transporting only $8,000, but he was instead found with more than $20,000. Below is a picture from the customs news release that shows, apparently, the offending currency and it’s new owner, a German Shepherd. Alright, the German Shepherd will not become the new owner, as the story correctly points out anyone who has had their currency seized by customs has the right, among others, to petition to have the currency returned to them provided that they can establish a legitimate source for the money and show that it had a legitimate intended use. Here’s the story from Customs:

STERLING, Va. — U.S. Customs and Border Protection (CBP) Office of Field Operations (OFO) at Washington Dulles International Airport seized $24,789 from a U.S. citizen Monday for violating federal currency reporting regulations.

The man, who arrived on a flight from Qatar, declared possessing only $8,000. While proceeding to the exit from the federal inspection area a CBP K9 enforcement officer led his partner, CBP currency detection K9 “Nicky,” over to sniff the traveler’s luggage. Nicky alerted and the officer asked the man how much money he was carrying. He declared $8,000. The officer then referred the traveler for a secondary inspection.

In secondary the man again declared possessing $8,000 to CBP officers. While examining the passenger’s luggage, CBP officers discovered an envelope containing $24,789. CBP officers seized the $24,789 and advised the traveler how to petition for the return of his currency.

CBP K9 ‘Nicky’ detected $24k in unreported currency a traveler concealed at Washington Dulles International Airport April 21, 2014.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 monetary instruments, which includes 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 Frances B. Garcia, Acting CBP 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.”

Like other law enforcement, Customs’ uses dogs to enhance it’s search capabilities at the border and in airports, and in this case, the dog was able to sniff out the currency, most likely because it contained trace amounts of narcotics, as I am told most U.S. currency does.

If you have had money seized by customs 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 nationwide, including Detroit, Chicago, Atlanta, New York, Los Angeles, Las Vegas, and Orlando.

Please read these other articles from our customs law blog:

CBP at JFK Seizes Cocaine in Meat

Posted by Jason P. Wapiennik on April 14, 2014

Customs seized over 7lbs of cocaine from a man who apparently tried to smuggle it into the United States by hiding it in frozen chunks of meat from Trinidad. If CBP published statistics on stupid smuggling attempts that are bound to fail, this would go down as one of the stupidest smuggling attempts of the year.

Why is it so stupid? Because it is basically impossible to import meat into the United States without getting advance permission from either the FDA, USDA, or both — more on those restrictions HERE. Put simply, the problem is that the smuggler basically tried to hide something illegal in something that was illegal; typical smuggling attempts have people hiding illegal merchandise in or around perfectly legal merchandise.

Not only was this poorly planned for that reason, but who could ever doubt that a dog – trained for smelling both the presence of meat and narcotics – would not alert to cocaine wrapped in juicy chunks of meat? I mean, take a look at the picture below.

JAMAICA, N.Y. — An arriving passenger at John F. Kennedy International Airport had a different kind of ‘beef’ when encountered by U.S. Customs and Border Protection Officers.Meat seized by CBP also contained cocaine

On March 20, CBP officers stopped Mr. Yudishtir Maharaj who was arriving on a flight from Port of Spain, Trinidad. During the course of the inspection CBP officers discovered three large
packages of frozen meat within his luggage. When probed, the frozen packages of meat produced a white powder that tested positive for cocaine. Mr. Maharaj was arrested for the importation of a controlled substance and was turned over to Homeland Security Investigations. The total weight of cocaine seized is approximately 7.35 lbs.

“This latest seizure demonstrates the vigilance of our CBP officers, and their excellence in detecting those who would try to smuggle these illegal substances,” said Robert E. Perez, Director, Field Operations New York.

Mr. Maharaj now faces federal narcotics smuggling charges and will be prosecuted by the U.S. Attorney’s Office in the U.S. Eastern District Court of New York.

All defendants are considered innocent until proven guilty.

I do not represent narcotics smugglers, but a lot of innocent people and people acting in good faith or from a position of ignorance get their property seized by customs all the time. If you have had merchandise, property, orcash 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 Detroit, Chicago, Cleveland, New York, and many other places, and not just locally.

CBP at JFK Seizes More Than $121,000 of Counterfeit Cash

Posted by Jason P. Wapiennik on April 4, 2014

Any customs lawyer will tell you that it’s better to get caught failing to report real currency than to get caught importing in counterfeit money. In this case, the law has served its intended purpose, as the following news release for a counterfeit currency seizure at JFK Airport in New York City clearly demonstrates

On February 21, 2014, CBP Officers selected [a traveler] for a random baggage examination [who] was returning from Lima, Peru and presented one checked suitcase for inspection. During the examination of his checked bag, the officer removed a cardboard diary box. The inside cover was sliced open revealing what appeared to be counterfeit U. S. $100 bills.

In total, $121,300 in counterfeit U. S. currency was concealed in one diary box, two wallets, one fabric box, and two cloth shoe racks. Mr. Rodriguez Ezeta was placed under arrest, and the counterfeit $100 bills were seized. The counterfeit currency and all evidence have been turned over to the Secret Service for further investigation, and [the individual will be] prosecuted by the U. S. Attorney’s Office Eastern District.

Based on these facts, it seems fairly clear that the person transporting the counterfeit currency knew it was counterfeit; I say that because of the concealment of the counterfeit currency in several places throughout his luggage. 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 Detroit, Chicago, Cleveland, New York, and many other places, and not just locally.

CBP at JFK Seizes $150,000 in Counterfeit Currency

Posted by Jason P. Wapiennik on March 25, 2014

Any customs lawyer will tell you that it’s better to get caught failing to report real currency than to get caught importing in counterfeit money. You will note that this (counterfeit) cash seizure occurred as a result of the currency reporting requirement. The purpose of the currency reporting requirement is to do exactly this — catch people who are bringing in illegal (in this case counterfeit) money into the United States. In this case, the law has served its intended purpose, as the following news release clearly demonstrates

Jamaica, N.Y. — U.S. Customs and Border Protection (CBP) officers at John F. Kennedy International Airport seized 1500 counterfeit $100 Federal Reserve Notes (bills) last month.

On December 14, CBP officers selected Ciara Ryan for a random baggage examination. Ryan, 38 was returning from Colombia and had two bags in her possession. The first bag was examined by officers and was found to have a strong odor of glue coming from it. Upon further inspection, CBP found alterations to its bottom; within the alterations were several suspected counterfeit U.S. $100 bills.
A black leather satchel also in her possession was examined and found to contain more suspected counterfeit bills concealed within its lining. Ms. Ryan was placed under arrest and a total of 1,500 counterfeit $100 bills ($150,000) were seized. She will be prosecuted by the U.S. Attorney’s Office in the U.S. Eastern District Court of New York.

Based on these facts, it seems fairly clear that the person transporting the counterfeit currency knew it was counterfeit; I say that because of the concealment of the counterfeit currency in a false compartment in the bag and in the lining. 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 Detroit, Chicago, Cleveland, New York, and many other places, and not just locally.

International Parcel Seizures by Philly CBP

Posted by Jason P. Wapiennik on March 18, 2014

I am sharing this story with readers of my customs law blog as it dovetails well with guidance recently provided to customs about customs liability for internet purchases. Although the seizures in questions below are certainly more of an intentional variety, but are nevertheless instructive because the parcel inspection and seizure process by customs is the same whether the goods are prohibited, restricted, or if there are mistakes made in the import process. In other words, importing steroids or illict street drugs is dramatically different from importing something that you are unaware is not properly marked with country of origin, or for which the shipper provided a incorrect value on the commercial invoice used during the customs declaration process.

On to the story from customs:

PHILADELPHIA – One of U.S. Customs and Border Protection’s lesser known enforcement priorities is examining incoming international parcels to hunt for a wide variety of prohibited and illicit products, such as weapons, narcotics, currency, insects and food. Hunting was good this past week.

Customs and Border Protection (CBP) officers at the international express courier facility near Philadelphia International Airport recorded six khat seizures totaling about 150 pounds, 140 tablets that contained codeine, and 16 vials of steroids.

The parcels were destined to Everett, Mass., Riverwoods, Skokie and West Dundee in Illinois, Minneapolis and Rochester in Minnesota, and Cromwell, Conn.

“We know that U.S. consumers will attempt to purchase products they know to be illicit or illegal from overseas sources through the internet. Our best advice to them is caveat emptor, buyer beware,” said Tarance Drafts, acting CBP Port Director for the Port of Philadelphia. “Inspecting international parcels for dangerous and illicit products remains a Customs and Border Protection enforcement priority. There’s a great chance we’ll get our hands on your purchase before you do.”

The seizures started February 27 when CBP officers intercepted a parcel manifested as “Adidas junior bags” destined for Cromwell, Conn. Officers x-rayed the parcel and detected an anomaly that proved to be 24 pounds, 4 ounces of khat.

CBP officers then made two khat seizures Wednesday, one weighed 22 pounds, 3 ounces and was in a parcel manifested as “document procedures” destined for Skokie, Ill. The second parcel, manifested as “reports,” contained 15 pounds, 14 ounces of khat destined for West Dundee, Ill.

CBP officers also seized the codeine tablets Wednesday in a parcel manifested as “samples” destined for Rochester, Minn. The tablets were a product identified as Solpadeine, which is an over the counter product in Europe, but the codeine makes it a Schedule III drug in the U.S.

Thursday seemed like Groundhog Day, as CBP officers made two additional khat seizures. The first, 23 pounds, 9 ounces, was in a parcel manifested as “mobile phone accessories” and destined for Minneapolis. The second, 16 pounds, 12 ounces, was in a parcel manifested as “project development group report” and destined for Skokie, Ill.

The final parcel Thursday contained 10 vials of 10 ml each of Decatest 350 and six vials of 10 ml each of Megabol 275. The parcel was manifested as “Non Documents Amino Methyl Propanal” and destined for Everett, Mass.

In the largest seizure this week, CBP officers seized 46 pounds, 15 ounces of khat today that arrived in a parcel manifested as “Decorative Artistic Handicrafts” and destined for Riverwoods, Ill.

The 150 combined pounds of khat has a street value of about $45,000.

Khat is a green, leafy plant typically grown in the Arabian Peninsula and chewed for its stimulant effect.

The Drug Enforcement Administration classifies khat as a schedule 1 narcotic – the most restrictive category used by the DEA – when the leaves are freshly picked. Its principal components, cathine and cathinone, are considered controlled substances in the United States. Please see the DEA Khat Fact Sheet.

The World Health Organization classified khat as a drug of abuse in 1980. It is chewed for its stimulant effect and retains its potency for up to 48 hours after being harvested.

CBP routinely conducts random inspections operations on passengers and air cargo searching for narcotics, currency, weapons and other prohibited or illicit products as part of its border security mission.

The individuals to who these seized shipments were destined will receive a notice of seizure from customs explaining the reasons for the seizure; they will then be asked to respond to the notice of seizure by affirmatively abandoning the property, petition for its return, and a few other choices. No matter how the notice of seizure is responded to, it’s possible that in addition to criminal charges, those connected with the importation of these items will also be facing a civil penalty for the unlawful importation.

If you have had merchandise or money seized by customs call our office at (734) 855-4999 to speak to a customs lawyer, or e-mail us through our contact page. Once your merchandise is seized, Customs may issue a penalty for the violation of law itself. If you have received a notice of penalty from U.S. Customs call our office immediately to discuss the possibility of filing a petition to reduce the penalty amount. We are able to assist petitions and in seizures by customs nationwide, including Detroit, Cleveland, Chicago, Buffalo, New York, and Los Angeles.

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