Inspections, Compliance, Enforcement, and Criminal Investigations
Almacen De Dulce Corporation 15-Feb-02
DEPARTMENT of Health and Human Services
Food and Drug Administration
4040 N. Central Expressway
Dallas, Texas 7504
February 15, 2002
Fernando Acosta, President
Almacen De Duke Corporation
909 South Greenwood Avenue
Montebello, CA 90640
Dear Mr. Acosta:
On January 16, 2002, we attempted to examine a shipment of "Patty? s Lollipops" offered
for import (imported) into the United States by your firm as invoiced and declared to
U.S. Customs Service on the same date under entry number EU6-0019205-5. Our
examination revealed the actual product to be "Dulmex Brand Hot Tamarind Lollipops."
Misrepresenting the product as Patty? s Lollipops at the time of entry appears to be an
attempt to circumvent our detention without physical examination for products
In addition, during the time period from 05/07/01 - 07/23/01 we have refused multiple
shipments of your products. We have contacted US Customs and it appears that none
of these entries have been redelivered for exportation and/or destruction under USCS
or FDA supervision as required by the redelivery demands issued to you by US
Customs. These entries and the dates redelivery was demanded by US Customs are
as follows: Entry Numbers 965-0073049-2, redelivery demanded 5/l 5/01; 965-0073256-
3, redelivery demanded 512101; 965-0073326-4, redelivery demanded 5/24/01; 965-
0073497-3, redelivery demanded 5124101; 965-0073784-4, redelivery demanded 6/7/01;
965-0074143-2, redelivery demanded 6/27/01; 965-0074309-9, redelivery demanded
g/20/01 ; 965-0074310-7, redelivery demanded 8/l/01 ; and 9650074486-5, redelivery
demanded g/20/01. It appears that these entries have been distributed into U.S.
commerce without FDA release. This is a violation of 21 USC 381(a) and 21 CFR
Section 1.90 that requires an importer to hold an imported article and not distribute it
pending receipt of the results of examination. In conjunction with this letter, we are
requesting that US Customs assess liquidated damages for failure to redeliver the
entries noted above.
We have also recommended that the U.S. Customs Service require that future
shipments of food imported by your fit-m be held in secured storage. Secured storage
will be under the supervision and direction of U.S. Customs, such as in a bonded
warehouse. You will be responsible for all costs incurred at secured storage.
Within 15 working days of receipt of this letter, notify this office in writing of the specific steps you have taken to prevent recurrence.
Your reply should be addressed to:
Vincent F. lacono, Compliance Officer
U.S.Food and Drug Administration
Otay Mesa Port of Entry
9777 Via De La Amistad #131
San Diego, CA 92154
Should you have any questions related to this letter, you may also contact Mr. lacono at
619-661-3273 ex 229.
Robert J. Deininger
Southwest Import District