The attorneys at National Security Law Firm recently secured the release of over $19,000 in glass pipes seized by the CBP in Seattle, Washington. The U.S. Customs and Border Protection (“CBP”) has the authority to examine, detain and seize merchandise, currency and data from travelers, commercial cargo importers and exporters entering the United States. If during the examination CBP finds a customs violation – such as illegal drugs or drug paraphernalia, counterfeit merchandise, merchandise from a country with which the U.S. has an embargo, food or medical devices not in compliance with FDA regulations to name a few examples – they will seize the subject goods and relocate them to a bonded warehouse.
The process of recovering your property can be a distressing one, but fortunately there is a set of rules that the U.S. Customs must follow and therefore having an expert to help you navigate it successfully will give you an advantage. Forfeitures of seized goods or currency are handled by a department known as Fines, Penalties, and Forfeitures (“FP&F”) – after reviewing the case, they issue a “Notice of Seizure and Information to Claimants” that needs to be responded in 30 days and this is how it begins.
Our client received a letter from FP&F indicating where the merchandise was being held, identifying the content seized, as well as the legal basis for the seizure – and on top of that, informing the client he had a few options on how to proceed with it, provided a case number and assigned a paralegal. The client reached out to Brett O’Brien for a better understanding of the four options offered by the FP&F before opting for one of them – and therefore, after speaking with the client to obtain more information on the matter, Mr. O’Brien advised him to file a petition with the FP&F office seeking to cancel the pending forfeiture.
Specifically, CBP seized several hundred of our client’s glass pipes. Although CBP described the product as “glass pipes,” and revoked them on the basis that they constituted “drug paraphernalia” as defined by 19 U.SC. 1595a(c)(2)(A), 21 U.S.C. 863(a)(3), 21 U.S.C. 863(d), Brett O’Brien explained the glass pipes were actually vaporizers, similar to e-cigarettes or vape pens.
Mr. O’Brien submitted a lengthy and carefully worded petition with supporting documentation to the CBP, explaining the extenuating circumstances surrounding the seizure, actively demonstrating that there was no violation and simply mitigating the information, facts and circumstances that justify remission of the pending forfeiture. The Petition should follow the guidelines set forth by U.S. Customs in 19 U.S.C. § 1618 and 19 C.F.R. §§ 171.1/171.2 and be prepared by an expert in CBP cases that must expertly articulate the legal arguments and the valid reasons why U.S. Customs should release your goods or currency back to you and relieved from forfeiture.
In response to the seizure, pointed out that vaporizers are used by millions of people around the world to smoke tobacco and other legal substances. He also pointed to relevant case law, including cases from the United States Supreme Court, that defined and differentiated drug paraphernalia from legal items. Brett O’Brien further argued that the client’s online website did not contain any other items or products that could reasonably be associated with illegal drugs and that the vaporizers are “primarily intended” to be used on tobacco and other natural, legal herbs (such as chamomile, sage, and mint). Finally, he noted that CBP has already found a product with an identical function and purpose to not be treated as drug paraphernalia. In addition, Mr. O’Brien also added supporting documentation which proved that the client was a person of great integrity, honesty, trustworthiness and lastly, someone concerned with the health of his customers and their needs.
In explaining each of the above points, Mr. O’Brien did so in a persuasive, strategic, and trustworthy manner in addition to ample evidentiary proof for each of his points.
In the end, the CBP granted our client the property of his merchandise back to him after the filling of an entry summary and payment of all duties and fees.
The attorneys at National Security Law firm have experience assisting parties who have an interest in seized merchandise attempting to secure the release of the property and mitigate any penalties, contact us today at (202) 600-4996 for a free consultation.
