Injustices of certain Chinese manufactures against U.S. small business owners.


 

Greetings Dear Readers,

Never have I wanted to get political with my commentary on this blog however I feel a deep need to share this information with you. And although the subject matter isn’t completely political it does have some implications that could be taken that way. I say that only to give you a heads up on a possible hurt  feeling or two that may happen. Still I have never felt more compelled to vocalize an opinion. I also have never felt the desire to contact my elected representatives either. This matter however has warranted both of those instances. Simply put… you mess with my pals and I come swing in on ya.

Below is the text of a letter that I have sent to my representatives in the U.S. Congress, 3rd District U.S. Representative Steve Womack and U.S. Senator John Boozman. Read the letter to learn more about the situation and feel free to share it with your elected officials. You know you have to stand for something in this world. For me this is one of those things.  Just because I “play with toys” doesn’t mean I’m a baby whose candy you can take away. Updates will follow as I get them.

– Jim 05/17/11

To: Congressman Steve Womack and Senator John Boozman

From: Jim Bumgardner TKO 8 Television – Harrison, Arkansas

Re: Corruption in Chinese Manufacturing

May 17,2011

Greetings to both of you gentlemen,

The reason for this correspondence is that I would like to make you both aware of a terrible injustice that is befalling small business owners in the United States at the hands of some unscrupulous manufacturers in China. While things of this nature are nothing new I wanted to take the time to personally site one particular incident that has affected some friends of mine in the collectible toy industry. And while this may seem to be a trivial subject matter in its essence, the deeper ramifications I feel are something that has a greater impact on the nation’s small businesses as a whol.

The incident that I am referring to specifically involve a small toy company based out of Kansas City and St. Louis named Castaway Toys. I’d like to pause briefly to note that I am not an official representative of the company. I am merely a fan and consumer of their products and feel as such that it is my duty to voice my concerns to you. In short Castaway had been working with a manufacturer in China to produce their copyrighted and patented 8-inch body design as well as other toy products. The name of that manufacturer is Day2Day Trading. While I’m not privy to the length of their relationship I am of the understanding it had been a fairly decent amount of time that Castaway had worked with the group. Now however Day2Day is making some salacious and untrue statements in regards to their (Castaway) and other US company’s business ethics and practices, which are absolutely untrue. Below you will see the malicious and defamatory statement in italics that they have posted on their website located via this link: http://www.day2daytrading.com/

BE AWARE OF THESE FRAUDULENT COMPANIES WHOM ARE PARTNERS
Gohero
CAST-A-WAY TOYS
Executive Replicas
THEY ORDER GOODS AND DO NOT PAY FOR THEM.
GOHERO, CAST-A-WAY TOYS – OWNER STEVE FORDE
CLAIMED TO HOLD THE LICENSE FOR RAY HARRY HARRYHAUSEN PRODUCTS AND CHEATED HIS TRUST FUND. RECIVED GOODS THAT HE DID NOT PAY THE FACTORY. CHEATED KING FEATURE AND LARRY BUSTER CRABB FAMILY. BE WARNED
CAST-A-WAY TOYS. ORDERD PRODUCTS THAT HE HAS NOT PAID FOR. AND CLAIMS THAT THE FACTORY TRIED TO SELL HIS TOOLING. THEY HAVE BEEN DESTROYED FOR FAILURE TO PAY FOR GOODS ORDERD AND RECEIVED BY DAVID LEE OWNER.
EXECTUTIVE REPLICAS – OWNER WINSTON DUNLOP
PARTNER OF GOHERO
FAILED TO PAY FOR HIS GOODS.
REPORTED GOODS STOLEN IN USA TO AVOID PAYING.
CHEATED TRIAD TOYS AND CLAIMED THAT TRIAD TOYS WAS THE CHEAT
TRIAD TOYS ARE A REPUTABLE COMPANY UNLIKE THE NAMES MENTIONED ABOVE.
These companies are now
using stolen money from products they have not paid for with ZICA TOYS.

And while I understand that US policies in regards to such trade matters are complex it is not my intention with this correspondence to address that “can of worms”. Instead I would like to pose to you gentlemen a suggestion that may be more beneficial than simply ‘slapping the wrist’ of unscrupulous Chinese manufacturers. Although if you could do that I’m sure my friends and myself would appreciate that.

My suggestion and food for thought that I pose involves the possibilities of creating tax incentives to American plastic manufacturers to entertain the notion of domestic toy production. Again I openly note that I only somewhat understand the complexities of manufacturing but what I do know is that American manufacturing is in need of a boost. With that said why not consider an angle such as this? Considering the factories that have laid dormant over the past two decades (and longer in some cases) why not create an incentive to turn that around?

If in the grand scheme of things American manufacturing is to ever see a resurgence it has to start somewhere with something. Why not the toy industry? While I can’t back this next statement up with solid statistics I can safely assume that it is the American pop culture and media machine that has created such a thriving industry in the first place. With that said, I do concede the point that without lower labor costs in regions such as Hong Kong, Korea and Japan in the latter half of the 20th Century mass marketed production runs would most likely not have happened. Now however it is a new century and a new world. And considering the state of America’s manufacturing industry (or lack thereof) I can’t see a better start to changing that trend than now.

In closing I would like to again thank you both for your time and would appreciate a statement in regards to this matter and these suggestions. Having personally spoken with both of you gentlemen on numerous occasions while performing my duties as News Director at TKO 8 Television in Harrison, Arkansas, I feel confident that my request does not fall on deaf ears. In fact I am so confident in both of your respective levels of character and ethics that I feel I can easily assure my friends that you will indeed take note of the situation and pass the information on to your colleagues inside both the House and Senate.

Again I thank you for your time and attention and look forward to speaking with both of you again soon.

Sincerely,

Jim Bumgardner

News Director

TKO 8 Television

Harrison, Arkansas

(870) 741-2566

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32 thoughts on “Injustices of certain Chinese manufactures against U.S. small business owners.”

  1. Just to make matters clear.
    GOHERO OWNER STEVE FORDE. and CAST-AWAY-TOYS Mr lee. Worked together as a team to cheat me out of the Flash Gordon products owned by Day2Day designed developed action figure body and all accessoeies as well as Buck Rogers accessoriies.
    THIS IS WHAT GOHERO CLAIMS ARE BOOTLEG PRODUCTS MADE BY DAY2DAY FINANCED BY DAY2DAY.

    JIM WHAT DO YOU HAVE TO SAY ABOUT THE ETHICS AND PRACTICES OF THESE USA COMPANIES? YOU CRITISED ME WITH NO PROOF WHATSOEVER.

  2. I would like you all to know where the problems began. And my sadness is that David Lee has abused my credit line and help to recover his moulds and joined forces with Gohero Steve Forde. Who claims that i pretended to be someone else to Ray Harryhausen. I pretended to be no one but myself. It was myself and the Ray Harryhausen lawyers from L.A that exposed the fraude Gohero and Bluewater comics.
    If you chose not to beleive me then the lawyers are also liars as well as Ray Harryhausen. My name is small to Mr Harryhausen.
    It was this fraud that i financed and designed deleveloped and manufactured in belief Gohero had the license as he claimed.

  3. Mr. Jeff,

    I have reviewed the emails and will be following up with the parties mentioned. To assure that I do not make the same mistake twice I will wait for all responses (within a reasonable time frame) and then post the complete story.

    This truly is getting very interesting.

  4. again good morning Mr. Jeff,

    For whatever reason my email was slow to receive your messages. I do indeed have them and will begin going through them shortly. As far as posting the letters, you could A.) Copy and paste your text here or B.) provide a link to said documents. Is it the same that is posted on your site?

  5. Jim. I have sent you emails that you have not spoken of. The facts are what they are i have nothing to hide whatsoever.
    How do i post laywers letter here from USA lawyers? Dont just hear my word?

  6. I assure you Mr. Jeff I aim to correct this situation as far as my short comings in reporting. Again I stress the fact that this blog was never intended to be anything more than a fun on line place to chat about toys and take silly photos. However I realize the ramifications of what misinformation can do and I promise you I will openly and honestly present your case as well as that of Castaway and do everything I humanly can in presenting the facts of the matter.

    If you would like to add information please forward it to my personal email: jimstoybox@gmail.com

    I will be more than glad to share the information in its original entirety in a new subsection of the blog that I will dedicate to completely clearing the air in this matter.

  7. Then be up front, You qouted a message withou consulting me for my side. that is where this began. You are all what you hear and not what id fact. I have doecuments from lawyers about your other co accusers. How can i add legal documents here from USA lawyers?

  8. Greetings Jerry. You are quite right in your initial observation. I did come quickly to the side of Castaway. The reason was simple for me, this blog and the action figure hobby itself is or should I say was, nothing more than a hobby for me. Hence the personal approach on the front end and first replies. However seeing the way this situation has advanced I’m taking my personal opinions out of the equation. I assure I have no problem what so ever bringing forth an unbiased report.

    In regards to “shooting off” a letter to my Congressional delegates, that had much less to do with the individual parties of Castaway or Day2Day. It has much more to do with job creation and economic stimulation via returning manufacturing to American soil. And quite frankly on a professional level I have nothing to gain from this. As a matter of fact there will be quite a bit of creative time management on my part from my regular duties, to get more of the details and thus the truth of the matter spelled out. I too have no “horse in this race” when it comes down to it. There is no financial gain for myself and neither side or any action figure company compensates me in any way, shape or form. However this is not the first time I’ve heard of problems involving Day2Day and other Chinese manufacturers.

    In no way would I ever go so far as to offer up a blanket, anti Chinese manufacturing position. that is ridiculous. And in fact there are just as many (if not more) shady manufactures / businesses here in the States. The main problem that really “gets my goose” is that those across the sea have no legal liabilities when it comes to protected copyrights, patents, etc. I have viewed Castaway as wonderful little company that is doing their best to live the American Dream. But don’t think for a second that my romantic ideology will cloud my judgement as a reporter. Wrong is wrong despite this “shade of gray” mentality of the world in which we live in. However I work diligently hard to never allow that shade of gray to compromise my character not only as a journalist but also as a decent human being.

    Jim – 06/20/11

  9. I have no horse in this race, but it’s kind of hard for Jim to be acting as an impartial “American Journalist” when he already clearly came down on the side of Cast-A-Way (hence the original post and subsequent rebuttals here) before he had any of the facts. He fired off a letter to his congressmen without knowing any of the facts. I shudder to think that’s the state of American journalism.

    All these things aside, I don’t know who’s in the right or wrong. It sounds like Cast-A-Way thought they were being taken advantage of, so they just decided to not pay for a variety of product. Day2Day is holding their molds as a result.

    One of the things I’ve kind of gleamed from the story is that perhaps Cast-A-Way bought GoHero’s stock of Flash from Day2Day once Day2Day and GoHero had their falling out and got Day2Day to create new box art, etc. Just from interviews and such, I’ve sort of put together that GoHero and Castaway got in contact from with another and sort of made Day2Day as their common enemy.

    Long story short, I think Castaway is probably in the wrong to an extent, as is Day2Day. It appears to me as if both companies are probably holding out. However if Jim wants to uncover more on this story, he’d better be more than willing to expose both sides. Right now he’s far too eager to “take it” to Day2Day, when they very well could be in the right. I mean, at the end of the day they’re now in possession of Cast-A-Way’s molds. That says a lot.

    Clearly there is a bit of a language barrier here as well. No doubt this had a factor in some misunderstandings. But even a blind person could see that there’s a lot more here going on than just “Day2Day is trying to screw everyone”, and the heroes in this fairytale very well may have a villainous side as well.

  10. As far as that last statement goes, let me just get this straight. To see samples, they have to actually come to China and look at them in person? You ran 1000 of each right? Was it not possible to put one of each in a box and send to the US for inspection?

    It seems there’s quite a bit going on in this situation and the more I read, the less surprised I am that this cannot be resolved. I wish both sides luck.

  11. combative and defensive is not. If you paid for a product and did not get it would you happy. i paid for castaway to get you your products.
    The solution is for castaway to come to the factory check the goods if he dont like he dont pay. But for them to tell me to send the tooling as they have them sold so they can pay me is far out.

  12. Yes clearly I am not involved here. I’m simply someone who purchased the products castaway sold and just wanted to understand why I won’t be able to purchase those products anymore.

    You are correct, I don’t know the full story, that is between you and Castaway. If you have mulitple problems with them, then I wish you luck working it out.

    That said, you come off as extremely combative and defensive, and it does not surprise me that a fair solution could not be achieved by both sides.

  13. You are correct. I have no knowledge of it. The paragraph in the center surrounded by quotes ” ” is castaways statement. I’m not saying anything myself. Just trying to understand.

    That said, I think I see how this happened based on your last response. Clearly you got the go ahead to recondition the molds. Apparently, to you, this means you then have to run the molds to check them and make sure they are properly fixed.

    From what I gather, Castaway was not aware that reconditioning the molds included running of a large quantity of product and after being told they now owed money for thousands of dollars worth of product that they were not expecting, did not want (and possibly were unable at the time) to pay for it.

    It seems there was a lack of knowledge of the process on one side and a lack of communication on the other.

    However, as mentioned earlier, Castaway claims that they still were willing to purchase the product and requested samples of the new product after the reconditioning was complete before actually purchasing it. Did you decline to send them samples and just ask them to buy it without seeing the quality of the product first?

  14. WHAT ABOUT HIM PAYING FOR FLASH GORDON 12′ INCH? LET HIM SHOW YOU RECEIPTS OF MONEY SENT AND I WILL SJOW GOODS SENT THEN WE CAN SEE WHO IS OWED MONEY. THIS IS WHAT THIS ABOUT NOTHING ELSE?

  15. YOU ARE REPSONDING TO HALF A STATEMENT NOT ALL THE STORY. THERE ARE BOXES FOR FLASH GORDON, CLOTHING, POST, ALL OTHER COSTS BESIDES THIS 1 ISSUE. THAT HAS LED TO ALL THIS AND MY HAVING TO RESPOND.
    OK THE SIMPLE ANSWER IS WHAT DOES HE WANT TO PAY FOR?

  16. IT IS OBVIOUS YOU KNOW NOTHING OF MOULD PROCESS OR TOOLING. HOW TO CHECK IF MOULDS HAVE BEEN CORRECTED WITHOUT RUNNING PRODUCTION. ARE YOU SAYING CASTWAY DID NOT AGREE FOR ME TO COLLECT HIS TOOLING AND CORRECT IT?
    IT SEEMS YOU BELEIVING ONE SIDE OF THE STORY.
    COME TO THE FACTORY AND SEE FOR YOURSELF. NOT LISTEN TO GOSSIP IF YOU ARE SO CONCERNED.

  17. IT IS OBVIOUS YOU KNOW NOTHING OF MOULD PROCESS OR TOOLING. HOW TO CHECK IF MOIULDS HAVE BEEN CORRECTED WITH RUNNING PRODUCTION. ARE YOU SAYING CASTWAY DID NOT AGREE FOR ME TO COLLECT HIS TOOLING AND CORRECT IT?

  18. Well then I guess its just a case of who do you want to believe. You say that Castaway authorized both the polishing and the production of all that product. According to Castaways statement, they did not contest the polishing cost, just requested photos of it. But they claim not to have authorized the production of anything using those molds at all.

    “Not only did Cast-a-way Toys not request or authorize production, but on two separate occasions both via electronic mail and telephonically explicitly directed that “no product be produce on their behalf”. In addition, in an attempt to remedy this asked for samples of product to discuss its purchase, but was refused. Cast-a-Way Toys has always, and will always honor all of its agreements both contractual and verbal.”

    It seems that Castaway still tried to work it out even after the product was produced, even thought they claim they didn’t authorize it. But they requested samples first and claim you refused them. Is that the case?

  19. All tis was confirmed to Him and his ex partner. It is a process of tooling and injection moulding with the way his tooling was produced in the first place.

    We had to run all as the tooling consisted of all accessories not just body. Anybody is welcome to come and see the products and process.

  20. Well my question would be, if the molds contain multiple pieces, and your claim is that you have to run off 1000 of each color for each mold, did you tell Mr. Lee that you would be running these molds and let him know that it would be 1000 pieces of everything contained in the mold for each color? I’m fairly certain he has not been to China to actually see his molds personally. Why wouldn’t you communicate exactly what you were going to run and confirm with the mold owner BEFORE actually running it?

  21. I appreciate this information. Once I return to my office tomorrow (Monday June 20th) I will follow up on the information that you have provided. In the end I assure you the facts from all sides will be presented in an open and honest manner that I feel will clear the air for the general public to see.

    Jim

  22. I was asked by Davis lee to collect his tooling ffom an another factory that was complicated although we succeeded.
    The mould were ketp in a poor condition by his last factoy. It was agreed with David and myself that we would need to polish the moulds. At that point he asked for the moulds of the body to be corrected. Which i agreed to do at a costs. The point is that that David was aware of his moulds had many pieces mixed in with the body parts it was not just a body mould.

    We had to run a 1000 MOQ of each colour he wanted.

    We correct his clothing and shipped part i still have more designs here.

    The costs i am asking from David is all the above plus for the artwork for Flash Gordon boxes.

    postage of goods.

    clothing products we have re designed and produced.

    I have said i would work with david as he only has Money for 1000 pieces at a time. What has led up to all this David asking me to reurn his moulds as he has them sold. I would not release the moulds until he paid for his goods produced. I have evidence of all the above.

    I am happy for an inspection as i told David to show my words are facts. And i have mails from david to support all the of the above.

  23. Here’s a novel idea. Please explain what the problem was that led to this point. I’ve heard one side of the story. You ran off product with Castaways molds that they did not order and that they did not approve or receive samples of. And then you asked the to pay for it, which they declined to do. And now have taken their tooling.

    What is your version of the story. Please keep it simple. I don’t want to hear about your lawyers. Just explain your version of THAT story without any of the runaround.

  24. In fact i do not have anything to clear at all my name is good to good people. What i do have are un paid bills by the cronies mentioned other rhan Zica of course.

    I am happy for my lawyers to contact yours so would be you be fair as i requested for your lawyers contact details as all the info i have are privvy to the persons invloved. I would show my lawyers your statement and they would respond accordingly on my behalf as we see fit at this stage.

    Can you tell me what company that you work for or own as a journalist?

    i am far from a chump as you put it.

    Thank you for taking the time to “man up” to this situation. I will soon present to you the facts as I understand them as well as back them up. Let’s dance, chump.

    The facts you have are by co Conspirators orchestrated by Gohero. The man i financed who stole money from sales to pay his last investor.

    Youe friend David Lee. I have not know for as long as you say. Only when he asked me to collected his tooling for him. correct the tooling and re model his clothing as well as the body. Also to take Flash Gordon from on Credit and then to go against me with the likes of the crook Gohero. There is only 1 chump here as you put it.

  25. No I am quite fair, however in the beginning of this I did take a personal approach more so than professional. For that I do apologize. However if you would like to clear your name let’s seriously discuss this. I am more than willing to present both sides of the story. I indeed do look very forward to discussing this furthur with you and will from this point forward keep all communications between all parties involved completely confidential report the facts once all sides have been presented.

    Please forward your lawyers contact information to my personal email and I will begin the proper and formal communications.

  26. iF YOU ARE FAIR MINDED PERSON THEN WHY DID YOU MAKE SUCH A STATEMENT IN YOUR FIRST NOTES ABOUT ME?
    DO YOU HAVE A LAWYER AS I WILL SEND ALL PROOF TO YOU FROM MY LAWYERS TO YOURS.? AS I HAVE LAWYERS AND CUSTOMS BOTH IN CHINA AND THE USA WORKING ON THESE FRAUDULENT COMPANIES.

    THE REASON I HAVE ADDED ZICA IS HE IS NOW A PARTNER OF GOHERO THE MASTER THIEF FRAUD.

    i AM SEEING REPORTS THAT YOU ARE ADDING TO MEGO MUSEUM AND I AM SEEING THAT YOU ARE NOT A FAIF PERSON AT ALL.

  27. Being a fair minded person I am very interested in seeing your proof. Please feel free to submit this prrof to my personal email address at jimstoybox@gmail.com.

    I assure you i am a very fair minded American journalist and more than gald to air both sides of this situation.

  28. Anyone like to chime in? I’m working on my response to put the verbal boots to ’em. Between everything I’ve heard from Castaway and ZICA both these a holes need the public flogging.

    YOU ARE SAYING YOU WANT TO PUT THE BOOT IN. CAN YOU SHOW PROOF OTHER THAN WORDS AND LOOKING FOR SUPPORT TO YOUR UNTRUTHS LIKE CAST A WAY. I HAVE ALL THE PROOF NOT JUST WORDS TO BACK UP ALL I SAY.

    AS FOR ZICA I HAVE HAD NO DEALING WITH NEVER SPOKE TO.

  29. Thank you for taking the time to “man up” to this situation. I will soon present to you the facts as I understand them as well as back them up. Let’s dance, chump.

  30. I AM THE OWNER OF DAY2DAYTRADING. YOU HAVE MADE A STATEMENT THAT WHAT I SAY IS UNTRUE.
    I HAVE ALL THE EVIDENCE NEED TO PROVE THAT ALL THE STATEMENTS MADE ON WEBSITE ARE FACTS.
    CAN YOU YOU SHOW ME PROOF OTHER THAN WORDS WHY YOU SUPPORTS LIARS AND THIEVES.

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