For a few weeks now there has been an increase in the number of customs seizing Fidget Spinner on import and not releasing it. In May 2017 alone, a total of 35 tons of Fidget spinners, also known as finger spinners or finger spinning tops, were registered for free circulation at Frankfurt am Main Airport. Numerous spinners have also been introduced via the Port of Hamburg.
Non-release of Fidget spinners
It can be observed that the customs administration refused to release the Fidget Spinner for free circulation in a large number of cases and confiscated the shipment instead. The background to this is that the competent market surveillance authorities have serious product safety concerns. In this respect, it is assumed that the goods contain small parts that could be swallowed by children.
In addition, in a number of cases it has also been criticised that the goods do not bear the CE mark, that no operating instructions are attached and that the Fidget Spinner has no identification features either. In a large number of cases, the market surveillance authority has advised importers to re-export the goods or have them destroyed.
Have the seizure of the spinners checked
Importers whose consignment has not been released should seek legal advice as to how far an import is still possible. In the past, we have often managed to obtain the release of the goods seized by the market surveillance authorities or customs. It cannot be ruled out that something can also be achieved with the Fidget spinners in favour of the importers. This is particularly true in view of the fact that a large number of different Fidget Spinners are currently being treated equally by the market surveillance authorities. This is the case, for example, if Fidget spinners do not contain LEDs and are therefore different from the Fidget spinners that were regularly picked up and criticized in the press. Even in these cases, the shipments are not regularly released, although the products are not necessarily comparable.
Our lawyers will advise you if customs has seized Fidget spinners or other goods.
Dieser Artikel wurde am 8. August 2018 erstellt. Die fachliche Zweitprüfung hat Rechtsanwalt Dr. Tristan Wegner durchgeführt.