Tag: toys

CBP Seizes Helicopter Drones for FCC label violations

Posted by Jason P. Wapiennik on

CBP in Detroit, as part of a larger seizure that we blogged about not long ago, has seized 4,600 radio-controlled drone helicopters. But, because they did not have the appropriate FCC labels (certifying compliance of the product with FCC regulations), they have been seized. Here’s the story from CBP, along with an embedded tweet with more pics of the merchandise from Director of Field Operations for Detroit.

DETROIT— U.S. Customs and Border Protection (CBP) has effectively grounded more than 4,600 remote controlled helicopter drones at the Fort Street Cargo Facility.

The 4,619 drones, valued at approximately $69,000, were seized after officers and import specialists discovered the merchandise did not meet Federal Communications Commission labeling requirements. The shipment was also determined to be undervalued by nearly $62,000, and subject to legislative duties as outlined in Section 301 of the Trade Act of 1974.

The intended imports, which originated from China, were seized June 1 in conjunction with a previous shipment containing more than $400,000 in counterfeit merchandise. Those items were seized in late May.

“The CBP employees in Detroit are committed to protecting the American consumer and the economy, while facilitating legitimate trade and travel,” said Devin Chamberlain, Port Director. “The products CBP prevents from entering the United States are those that could injure community health, public safety and the American way of life.”

Has CBP seized your imports for failing to meet FCC requirements?

If CBP seized your imports for failing to meet FCC requirements, or get a penalty for import violations, 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.

CBP Seizes Hazardous (Lead) Toys in San Juan

Posted by Jason P. Wapiennik on

We previously explained the risks that come with importing merchandise into the United States; how it can result in seizure, monetary penalties, and some strategies can use to defend itself against those penalties.

U.S. Customs and Border Protection (CBP) officers at the Port of San Juan recently seized hazardous toys in four different shipments which arrived between August and September, 2015, with a combined estimated domestic retail value of over $100K.  The toys were found to contain hazardous substances that could represent a risk for children.

Toys that were seized after CPSC laboratory analysis determined that they contained lead.
Toys were seized in October 2015, after CPSC laboratory analysis determined that they contained lead.

Working closely with U.S. Consumer Product Safety Commission (CPSC) compliance investigators, CBP officials detained several shipments of toys from China on 4 separate incidents between the months of August and September of 2015.  All of the toys were seized in October 2015, after CPSC laboratory analysis determined that they contained lead in excess of the limit which may be harmful to the health and safety of children.

Children’s products, including toys, which are designed or intended primarily for use by children 12 years of age or younger, must not contain a concentration of lead greater than 0.009 percent (90 parts per million) in paint or any similar surface coatings.

“Import safety is a priority trade issue for CBP,” stated Edward Ryan, San Juan Assistant Director of Field Operations in the area of Trade.  “Our agency works with CPSC as well as nearly 50 other government agencies to enforce U.S. import regulations and to stop unsafe and illicit goods from entering the country.”

Importing hazardous 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. Once forfeiture is complete, the person who caused the importation may get a notice of penalty or liquidated damages from U.S. Custom & Border Protection for importations contrary to law.

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 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.