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Chris T., JD
Chris T., JD, Attorney
Category: Legal
Satisfied Customers: 4823
Experience:  Experienced in both state and federal court.
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My item has been seized by US customs, they have given

Customer Question

Hi
my item has been seized by US customs, they have given me different choices and simply the choices are very complicated. I just dont want anything to do with the parcel nor want to pay any fines, they can abandon it destroy it. Is there any way i can do that without paying fines and future restrictions?
Submitted: 2 years ago.
Category: Legal
Expert:  Chris T., JD replied 2 years ago.
Hello. I'll be happy to assist you.What restrictions are they threatening?
Customer: replied 2 years ago.

they haven't said anything so far, this was the thing I was worried about just wanted to confirm if there can be any future restrictions, they have sent a big letter giving us options etc, frankly it is to complicated and not straight forward

Expert:  Chris T., JD replied 2 years ago.
They will not place any sort of restrictions on you, or prevent you from receiveing packages in the future. In order to impose fines or other penalties on you, they must prove that you had knowledge of what was in the package that they are holding. My suggestion would be to not answer any questions about it, other than to say that you don't want the package (assuming that you don't), and that you wll not be claiming it.
Expert:  Chris T., JD replied 2 years ago.
Without knowing more about the package or th letter, it is difficult to get more specific than that, but generally if someone tried to send you a package that was intercepted by Customs, and that package contained some prohibited item, it is best to stay as far away from it as possible.
Customer: replied 2 years ago.

Hi

It is leather shirts, but the shirt had NYPD patches on it ( which bought form us and sent to other country so they stich it on the shirts)

frankly speaking we have sold 3 shirts before with the patch, we dint know it was illegal as the patches are being sold on ebay on daily basis. we want to stay away that is for sure but don't to pay any fines we spoke to the custom guy ones I explained we are expecting some SAMPLES and he asked does the shirt has any patches I said yes 2-3 shirts may have patches on it ( we doun out later that almost 14 shirts had patches on it we were not aware of that)

he responded by saying it is prohibited item trade mark violation hence it has been seized, now I don't mind loosing money on the item just don't want anything to do with it nor I want to pay any fines.

nas

Expert:  Chris T., JD replied 2 years ago.
Techniclly, they may only seize the items with the patches. The others are not contraband, and you can get them. They MAY levy a fine for the shirts with patches, so you need to decide if it's worth it or not. That said, there is no gurantee they will impose a fine.
Customer: replied 2 years ago.

I don't want the item as they said it is trademark violation, but I don't want to loose any more money no it. what is the best way forward ?

Expert:  Chris T., JD replied 2 years ago.
How much is the entire shipment worth?
Customer: replied 2 years ago.

they have valued it at 850 ( approx.)

Expert:  Chris T., JD replied 2 years ago.
It's hard for me to say how much that means to you, but under most circumstances I'd say to forget it and chalk it up to a business loss, and then take it up with the folks that shipped you illegal items (unless you requested them that way). If you don't want to do that, you can call back and ask if you can retrieve the non-contraband items without penalty. It may be that they don't intend on pursuing a fine when there are so few items actully involved. This is pretty low on their radar.
Expert:  Chris T., JD replied 2 years ago.
Do you have any questions? If so, feel free to ask. If not, please remember to "Rate" my answer before you go.
Customer: replied 2 years ago.

Hi

how do it proceed from here as I don't want the item nor any fines, which box should we check in the document sent to us.

they have sent us the shirts without patches. how do we proceed from here ?

Expert:  Chris T., JD replied 2 years ago.
You can ignore the letter, and they will eventually adminstratively dispose of the items, or if there is a box to check stating that you abandon the items, you can check that box.
Customer: replied 2 years ago.

hi

yes there is option do nothing and abandon the item and one more.

What is the best choice? if it is disposed off administratively that does not go againt my name ? nor any fine will be imposed on my name ?

nas

Expert:  Chris T., JD replied 2 years ago.
Normally, no, they will not take any further action against you after they dispose of the items. I say "normally" because they technically can, but that's usually when there is a large amount of the contraband item or the item itself was illegal (i.e. child pornography, drugs, etc.).
Expert:  Chris T., JD replied 2 years ago.
Do you have any questions?
Customer: replied 2 years ago.

hi

yes we will send the letter back, we will tick abandon the item and hopefully that should resolve the issue as explained by you.

thanks

nas

Expert:  Chris T., JD replied 2 years ago.
Glad to help. Please remember to "rate" my answer before you go (that's how I get credit for my work).