Articles by Neil B. Mooney
Twenty-seven years on the cargo ramp, in the brokerage house and running his own forwarding and NVOCC group before law school. Licensed Customs broker since 1978, lawyer since 1999, and he consults on virtually every case. Profile.
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Latest UFLPA Entity List Updates: Compliance and Challenges
On May 16, 2024, the Biden administration added 26 Chinese companies to the Uyghur Forced Labor Prevention Act (“UFLPA”) Entity List, primarily targeting the textile industry. This action reflects ongoing efforts to enforce supply chain…
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USTR Announces New Section 301 Tariffs on Chinese Products
In a move that underscores ongoing tensions between the United States and China, the Office of the U.S. Trade Representative (“USTR”) announced on May 14, 2024 its intention to add or increase tariffs on select Chinese-origin products.…
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USITC investigating economic impact of Section 232 and 301 tariffs
In addition to the U.S. Trade Representative’s (USTR) mandatory administrative review of the effectiveness and impact of the Section 301 tariffs, the U.S. International Trade Commission (USITC) announced last month that it is initiating…
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CIT Grants Preliminary Injunction in Section 301 Litigation
Great news out of the CIT! Earlier this week, on July 6, the Court of International Trade granted the Section 301 Plaintiffs’ motion for a preliminary injunction. The granting of the preliminary injunction suspending liquidation of…
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Section 301 CIT Litigation Update
Since September 2020, approximately 3,600 similar lawsuits challenging the Section 301 duties on imports from China have been filed in the U.S. Court of International Trade (“CIT”). Accordingly, in October 2020, the U.S. Department of…
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What are Customs Brokers, Freight Forwarders, and NVOCCs?
What is a Customs broker? Customs brokers are private individuals, partnerships, associations, or corporations licensed, regulated, and empowered by U.S. Customs and Border Protection (CBP) to assist importers and exporters in meeting…
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“Liability Kits” for Customs Brokers, Freight Forwarders and NVOCCs
It is essential for companies to have accessible Terms and Conditions (T&C) for the customer to ensure enforceability against any liability. In the shipping industry, you are responsible for making customers aware of Terms and…
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FMC Increases Penalties for Shipping Act Violations
The Federal Maritime Commission has increased the maximum penalties assessed for statutory violations effective January 15, 2021, as required by the Federal Civil Penalties Inflation Adjustment Act of 2015. The increases are tied to the…
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Opportunities to File 301 Refund Claims Still Open
In our September 15, 2020 Blog we encouraged the expeditious filing of List 3 Section 301 refund claims in order to accommodate the tightest possible statute of limitations (“SOL”) interpretation, i.e. two years after announcement of…
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New Section 301 Investigation: Vietnam, October 2020
On Friday October 2nd, 2020 the U.S. Trade Representative (USTR) announced that it is initiating an investigation under Section 301 of the 1974 Trade Act addressing two issues with respect to Vietnam-U.S. trade. The USTR will…
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Court Challenge to Section 301 China Duties – Refunds May be Available
A coalition of importers has filed a Court challenge to the U.S. Trade Representative’s imposition of Section 301 tariffs on List 3 and List 4A imports from China. For more than two years, the U.S. has assessed additional tariffs on…
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OFAC to consider COVID-19 issues when addressing “apparent violations” of its regulations
The Office of Foreign Assets Control, often one of the most difficult and implacable federal agencies to deal with, has announced its intent to consider COVID-19 issues when addressing “apparent violations” of its regulations. In a…
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Section 301 Update: Additional Exclusions on List 3 Products; Suspension on List 4B Products; and Reduction on List 4A Products
On December 12, 2019, the United States Trade Representative (“USTR”) released a list of an additional forty-four (44) HTS provisions and product descriptions that will be excluded from Section 301 tariffs. These exclusions relate to…
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Changes to Cuban Policy
The Trump administration is tightening restrictions on travel, trade, and remittances to Cuba. The new changes are as follows: Vessels and aircrafts initially authorized to fly to Cuba on temporary sojourn will no longer be able to.…
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Exclusion Process for Items on List 4A Announced
On October 23, 2019, the U.S. Trade Representative announced that an exclusion process for the List 4A products will open on October 31, 2019. The deadline for submitting an exclusion request is January 31, 2020. The products on List 4A…
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Additional Tariffs on EU Products
On Thursday evening, October 17th, it was confirmed that the tariffs on $7.5 billion of European goods will take effect today, October 18th. On October 2, 2019 the USTR published a list of the E.U. products that will be subject to the…
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USTR Announces Additional Exclusions to Section 301
On September 17, 2019 the USTR announced additional exclusions to Section 301, Tranches 1, 2, and 3. The current additional duty rate for products on these lists is 25% and it is scheduled to increase to 30% on October 15. However, any…
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OFAC Enforcement Against Va. Forwarder and Fl. Shipper
I. Virginia Forwarder The U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) issued a Finding of Violation to DNI Express Shipping Company (“DNI”), incorporated in McLean, Virginia, for a violation of § 501.602 of…
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Delay on Certain Tariffs on Chinese Goods
Today, August 13, 2019, The United States Trade Representative announced that certain products such as cell phones, laptops, video games consoles, certain toys, some clothing and shoes are being removed from the forthcoming tariff list…
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Update on List 4 Trump Tariffs
On August 1, 2019, President Trump announced on Twitter that the U.S. will impose a 10% tariff on roughly $300 billion worth of Chinese imports (List 4). The additional duties will go into effect beginning September 1, 2019. A…
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Exclusion Request for List 3 Products Available from June 30, 2019 to September 30, 2019
On June 20, 2019, the U.S. Trade Representative announced that an exclusion process for List 3 products would open at noon EST, on June 30, 2019. The products on List 3 are currently subject to a 25% additional tariff. The deadline for…
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UPDATE- Section 301 (Tranche 3) Duties as of May 10, 2019
Yesterday, May 9, 2019, U.S. Customs and Border Protection (“CBP”) clarified that the Section 301 tariffs apply only to merchandise exported on or after May 10, 2019. Today, May 10, 2019, CBP provided updated guidance of the following…
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Most Recent Update on Section 301 List 3 Tariffs
Following up with yesterday’s blog on Section 301. Today the USTR published in the Federal Register the formal notice to increase the additional tariffs on List 3 products. The Notice reads: “Effective with respect to goods (i) entered…
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Update on Section 301 List 3 Tariffs
On May 5, 2019, President Trump tweeted that the U.S. would raise the Section 301 tariffs on List 3 products (i.e., $200 billion of goods) from 10 percent to 25 percent. The President also hinted that tariffs on a fourth list of…
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More Duties and Tariffs
More Duties and Tariffs 1. New AD/CV Duties Possible on Ceramic Tile from China A petition was filed on April 11, 2019, alleging that ceramic tiles from China is being sold at less than fair value in the U.S. market and benefitting from…
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Have A Billion Dollar Export Penalty? Let’s Not.
This is an old blog we lost during our transfer of site hosting. A record-setting payment of $1,190,000,000.00 by ZTE Corporation of Richardson, Texas (“ZTE”) shows the enormous risks today of underestimating U.S. export enforcement.…
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Trademark Now – or Turmoil Later
While running your business, you have a million things to think about. Customers, employees, taxes, transactions – the list is endless. But what about protecting the company’s very identity, goodwill, and brand? A company’s name and…
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The Death of Intermediaries? Maersk’s Canary in the Coalmine.
This is an old blog we lost during our transfer of site hosting. Maersk, the world’s leading container ship operator, and Alibaba, the owner of China’s biggest e-commerce platforms, have decided to join forces in what has traditionally…
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Time is Running Out – Renew Your Registration of Food Facilities Now!
This is an old blog we lost during our transfer of site hosting. The 2016 Food Facility Registration biennial renewal period is wrapping up! In January of 2011 the FDA Food Safety Modernization Act (“FSMA”) was signed into law. It…
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Trade Expansion Act Investigations
This is an old blog we lost during our transfer of site hosting. On April 20, 2017, President Trump directed the U.S. Department of Commerce (DOC) to conduct an investigation into the effects of steel imports on U.S. national security.…
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When the Broker Must be the Importer of Record
The Importer of Record, or “IOR” has a lot of liability for entry. Any penalties resulting from discrepancies relating to classification of the goods or admissibility issues, and the duties to be paid, must be covered financially by the…
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Enhanced Enforcement of Antidumping and Countervailing Duties, New Petitions
This is an old blog we lost during our transfer of site hosting. Update on this topic is forthcoming in a future blog. Executive Orders President Trump issued two Executive Orders on March 31, 2017, signaling the new administration’s…
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U.S. CBP New Regulations
This is an old blog we lost during our transfer of site hosting. Update on this topic is forthcoming in a future blog. When foreign manufacturers sell below the cost of production or “fair market value”, it is known as “dumping.”…
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Finding Your Company’s Worth
Business Valuation is the process of determining the economic value of a business or company. Although this may seem pretty straightforward, accurately valuing each business takes a great amount of preparation and thought. Establishing…
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Reducing Your Duty Rate, an Easier Way
On May 20, 2016, Congress enacted the American Manufacturing Competitiveness Act, a new law to restructure the process companies go through to obtain temporary duty reductions and suspensions. Previously, companies would have to…
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Understanding General Average
Import and export traffic in our globalized world generally runs quite smoothly, but occasionally, the very real risks associated with the natural elements at sea or simple human error impact transportation adversely. Severe weather…
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Unpacking Warehouse Liens
Warehouses are massive repositories of risk and are responsible for holding, in many cases, millions of dollars in property. Because of this huge responsibility, warehouses have the right to contractually limit liability for loss or…
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Shedding Light on the Gray Market
Counterfeit goods and other methods of product reproduction that infringe upon the intellectual property of the owner are strictly illegal, and heavily regulated, especially within the US. The gray, or “grey”, market however, enjoys…
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SOLAS New Container Weighing Requirements
Change is on the horizon in the shipping industry, and it is important to make sure you are staying informed. Effective July 1st, 2016, changes adopted by the International Maritime Organization (IMO) regarding verified container…
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Antidumping Duties: What You Need to Know
As any Customs broker can tell you, there are an ever-increasing number of antidumping duty cases filed. It is imperative that importers (and their brokers) understand this topic. Dumping duties are tariffs imposed by a government when…
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FMC Remains Aggressive with Penalties
Since the summer (2015) there have been penalty settlements announced by the Federal Maritime Commission (FMC) which total in excess of $2,000,000.00. Its Bureau of Enforcement (BOE) is the arm of the Commission specifically focused on…
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2016: The Year of Cuba
2016 has kicked off with some big changes, many of which pertain to the United State’s relationship with Cuba. On January 27th, 2016, the Bureau of Industry and Security (BIS) and the Office of Foreign Assets Control (OFAC) announced…
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The Trade Facilitation and Enforcement Act of 2015
The Trade Facilitation and Enforcement Act of 2015 was passed by the Senate on February 11th, 2016 in a 75-20 vote. Now that the bill has been passed by the House and the Senate, the final piece of the puzzle is for President Obama to…
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An Introduction to Business Succession Planning
Many of our clients are smaller, family-owned enterprises which have succession concerns. It is always important to be thinking ahead, whether it’s your overall strategic vision, marketing and sales, human resources, or any other facet…
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FTZ Subzones: Not a Remote Possibility Anymore
It is no secret that there are many benefits to taking advantage of Foreign Trade Zones (FTZs). Regardless of the size of an importer or exporter, using FTZs can significantly reduce costs from customs duties and taxes, and as a result…
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New BIS Export Enforcement Guidelines
As we start off this new year there are some important new changes to be aware of; this includes the Bureau of Industry and Security’s (BIS) proposed changes to export enforcement guidelines. This bureau is the agency responsible for…
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Dealing With Patent Trolls
Freight forwarders, Customs brokers, and carriers always provide shipment tracking to their customers. There are a variety of ways to do this; they may use their own software to track shipments, or they may track shipments by linking to…
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Transitioning to the ACE Portal
There is continual automation in the world of forwarding. One change this week is the integration of the Automated Export System (AESDirect) into the Automated Commercial Environment (ACE) Portal. Until recently, AESDirect has been the…
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Drug Prototypes: Pharma And Customs Brokerage Pointers
We have seen terrible problems arise when pharmaceuticals for medical trials have been imported without sufficient coordination between the importer and its broker. The Product Development and Testing Act of 2000 (PDTA) was enacted as…
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Subpoenas: What You Need to Know
A surprising number of our clients have received subpoenas in civil suits or from Federal agencies lately, and there tends to be a bit of confusion about what exactly the implied responsibilities are regarding subpoenas. As such, it…
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Confidential Export Information
It is always important to ensure that you are completing international shipping documentation accurately. One of the documents required for each single commodity exported having a value exceeding $2,500 is a Shipper’s Export Declaration…
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FDA Food Labeling Requirements
The Food and Drug Administration (FDA) is the entity responsible for monitoring and assuring that all foods sold within the United States are “safe, wholesome, and properly labeled.” Because we get so many inquiries on the subject, I…
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Fiduciary Responsibilities of Ocean Freight Forwarders Compared to NVOCCs
It is crucial to understand the type of relationship you have with someone, i.e. the duties and/or responsibilities owed to a party based on their interaction. Today we are taking a look at the fiduciary relationship, questions…
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New Customs Regulations Regarding Trademark Disclosure
On September 18, 2015, US Customs and Border Protection (CBP) published a final rule regarding the disclosure of information on goods suspected of bearing counterfeit trademarks or trade names. This new rule allows Customs to share more…
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Compliant NRAs for Federal Maritime Commission Purposes
Traditionally, Non-Vessel-Operating Common Carriers (NVOCCs) compete for shippers’ business by publishing the amount they charge in rate tariffs that are made available to the public. However, as of April 18th, 2011, the Federal…
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Cuba Travel: What You Need to Know
On September 21st, 2015 the Obama administration implemented numerous regulatory changes aimed at loosening U.S. business and travel restrictions relating to Cuba. Americans can now open business locations and bank accounts in Cuba, and…
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Disclosing Terms & Conditions To Make Them Enforceable
It is common practice today for companies to post their Terms and Conditions (T&C) online, but the key to enforceability is ensuring that these terms are accessible by the customer. In the shipping industry, you are responsible for…
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CAFRA Seizures
In 2000, the Civil Asset Forfeiture Reform Act (CAFRA) was signed into law. This act was passed as a response to a seizure system that had become rife with abuse as law enforcement agencies seized personal property from citizens,…
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Money Seizures: What You Need to Know
When entering the United States, it is required that all passengers report any amount of money with them that is in excess of or equivalent to $10,000. If there is a failure to correctly report, this money can be seized. This reporting…
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Forwarder Liability for Ocean Freight Charges
Freight forwarders customarily make bookings with ocean carriers on behalf of their clients, and often they are listed as forwarding agents on the carriers’ bills of lading. Occasionally, forwarders are sued by carriers for unpaid…
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CPSC Paperless Pilot Program
The Consumer Product Safety Commission (CPSC) has approved a pilot program to start going paperless. This electronic program will require importers to submit information electronically regarding consumer products being brought into the…
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Surprise! Reestablishment of US Trade, Travel, and Diplomatic Ties with Cuba
Today President Obama announced a change in US policy intended to reopen diplomatic, economic, and cultural ties between the nations. The United States will establish an embassy in Havana, and issue licenses for travel to Cuba for…
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Customs Seizure of Goods In-Transit – Part Two: Interpretation of Importation
In our previous blog (see below), we concluded that whether Customs has the authority to seize in-transit goods depends on the statutory interpretation of “import,” “importation” or “imported.” First, let us look at precedents. Courts…
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Changes in Matters Subject to Protest
Customs and Border Protection (CBP) recently issued a memorandum providing new guidance regarding acceptable mechanisms for submission of post-importation preference claims (Post-Entry Amendments (PEAs), Post Summary Corrections (PSCs),…
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FMC Penalizes Seven OTIs and One Vessel Operator One Half Million Dollars
On Friday October 10, 2014 the Federal Maritime Commission announced “compromise agreements” totaling $503,000 in civil penalties from five NVOCCs, two unlicensed OTIs, and one vessel-operator. “Compromise agreements” do not admit…
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FDA Food Facility Registration Renewal Update
Given that October is upon us, it seems appropriate to remind everyone that an FDA registration window just opened for renewal. As many of you already know, on December 12, 2003 FDA established a new set of regulations that required…
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Customs Seizure of Goods In-Transit – Part One: Authority 19 USC 1526
Customs often seizes goods bearing allegedly counterfeit marks which were shipped from a foreign country through the United States with a third country as the final destination. The seizure notice always cites 19 USC 1526(e)[1].…
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U.S. Changes in Iranian Sanctions Regime
As I’m sure many, if not all, of you are aware, the US with the EU and United Nations have recently undergone successful negotiations with Iran in order to reach “mutually-agreed long-term comprehensive solution that would ensure Iran’s…
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Panama Canal Expansion: Impact on Southeastern Ports
We just wrote about the Panama Canal Expansion project (also called the Third Set of Locks Project) and its likely impact on Florida. The expansion, scheduled to be completed in April of 2015, will double the capacity of the Panama…
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Panama Canal Expansion: What Does it Mean for Florida?
The Panama Canal Expansion project (also called the Third Set of Locks Project) is projected to be completed in April of 2015. The project was announced with the purpose of increasing Panama’s ability to benefit from the growing traffic…
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Families in the Philippines Need Your Help
On November 8, 2013 Super Typhoon Haiyan (locally known as “Yolanda”) made landfall in the Philippines. It is believed to be one of the most powerful and devastating storms ever recorded in the world. The aftermath of the storm is grim.…
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Newly Proposed FMC Regulations
On May 31, 2013 the Federal Maritime Commission (“FMC”) published proposed changes to the rules regulating Ocean Transportation Intermediaries (“OTI’s”) and Non-Vessel-Operating Common Carriers (“NVOCC’s”). The 60-day comment period…
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Shipping Act Violations: FMC Informal Small Claims
Part of the Federal Maritime Commission’s (FMC) job is to regulate international ocean transportation as it relates to U.S. exporters, importers and consumers. One way the FMC fulfills its mission is by protecting the trading community…
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TRADE POLICY: OBAMA vs ROMNEY
International trade is vital to our economy, so much of the debate in the upcoming Presidential election has surrounded the candidates’ foreign trade policies. President Barack Obama (D) and his challenger, Governor Mitt Romney (R),…
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The OSCARs: Creating Greater Efficiency in Transpacific Agricultural Shipping
The United States Department of Agriculture has teamed up with members of the Westbound Transpacific Stabilization Agreement[1] to enhance shipping and exports in the agricultural market by creating weekly projected equipment and…
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Rail and Ocean Carriers: Transition to the ACE e-Manifest
Customs recently published an important reminder for all rail and sea carriers regarding the impending transition from the Automated Manifest System (AMS) to the Automated Commercial Environment (ACE) e-Manifest system. As you’re…
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Wholesalers To Colombia Beware: Your Business Could Be Part Of An International Money-Laundering Scheme
The Black Market Peso Exchange (BMPE) is a long lived and widely used method for converting Colombian pesos into US dollars and vice versa. Boasting the ability to exchange money at a much lower rate, the BMPE evolved from the black…
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Behind the Scenes: CBP Fines, Penalties, and Forfeitures Processes
Yesterday, the American Bar Association’s Section of International Law hosted a program for its members to hear from and speak directly with CBP Office of Regulations and Rulings, represented by Chief of the Penalties Branch, John…
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Customs and Border Protection Meets the 21st Century: Highlighting U.S. Initiatives to Modernize International Trade at Our Borders
U.S. Customs and Border Protection has been in the process of transforming and modernizing its trade initiatives for the 21st century with stated goals of seeking “to improve cargo security while increasing trade competitiveness” by…
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CBP Recordkeeping Requirements: UPDATE!
A long-overdue modification of CBP’s recordkeeping requirements has been announced this week, with an anticipated effective date of January 11, 2013. Current regulations require that all records are to be kept “within the broker…
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FMC Simplifies Negotiated Rate Arrangements
The Federal Maritime Commission revised its Negotiated Rate Arrangement (NRA) regulations to reduce recordkeeping requirements. With immediate effect, the FMC is a) eliminating the requirement for the shipper’s title and address in…
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Importer Tips to Avoid Misclassification of Goods
When importing goods into the United States the importer of record (the owner, purchaser, or a licensed Customs broker) must file entry documents with Customs at the port of entry. Among the information contained in the entry documents…
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When Is C-TPAT Right For You?
The Customs-Trade Partnership Against Terrorism (C-TPAT) was established to ensure the safety and security of cargo arriving in the United States. Although being C-TPAT certified is not required by any governmental agency, many private…
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A Proper Receipt Creates A Warehouse Lien
We are constantly being asked by NVOCCs, forwarders and warehousemen whether they have a legitimate lien on the cargo in their possession, such that that they can hold the freight until being paid. The answers are not simple: you only…
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Resources for Exporting: A Visit to the Mississippi Gulf Coast
Last week I visited the beautiful Mississippi Gulf Coast to attend the Gulf States Trade Alliance’s 2012 Annual Export conference from April 10-12 at the Beau Rivage Resort. The theme for the event was “Export Resources and New Market…
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Inside FMC Licensing: References
Becoming an ocean transportation intermediary (“OTI”), a freight forwarder (“OFF”) or a non-vessel operating common carrier (NVOCC), is a great way to get involved in the international trade industry. OFFs and NVOCCs facilitate the…
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Free Trade Agreement Series: Part 5- Peru and Colombia FTAs
As the US seeks to reap the benefits of free trade throughout the world, it is imperative that agreements are reached with our regional trading partners. The past two administrations have secured Free Trade Agreements with multiple…
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Free Trade Agreement Series: Part 4- The New Korean Market and Rules of Origin
A free trade agreement approximately six years in the making is now a reality for Korea and the United States. Just as with other FTAs, this new market access allows for reduced and sometimes eliminated tariff rates and quotas as well…
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Free Trade Agreement Series: Part 3- Andean Free Trade on a Roller Coaster
The Andean Trade Promotion and Drug Eradication Act (ATPDEA) was enacted in 2002 by the second Bush administration. This trade preference agreement sought to grant four South American nations preferential treatment when exporting goods…
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Free Trade Agreement Series: Part 2- Importer Requirements Under NAFTA
Having originated nearly 20 years ago NAFTA, is a well established free trade agreement that continues to have a significant impact on importers and exporters. In efforts to open global markets to U.S. businesses, the U.S. government…
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Free Trade Agreement Series: Part 1- Exporter Requirements Under NAFTA
When you are preparing to export goods to Mexico or Canada (“NAFTA Countries”), you are likely going to seek preferential treatment of your goods under NAFTA. However, before you ship the goods to your buyer, make sure you are familiar…
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CAN A FORWARDER INSURE A SHIPMENT AFTER A KNOWN LOSS?
CAN A FORWARDER INSURE A SHIPMENT AFTER A KNOWN LOSS? This question was addressed last week in the case of I.T.N. CONSOLIDATORS, INC. versus NORTHERN MARINE UNDERWRITERS LTD. [i] A cargo loss was made known to the forwarder ITN which…
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Protecting Your U.S. Trademark Overseas
In addition to 84 other countries, the United States is a party to the two treaties comprising the Madrid System for international registration of trademarks. This system provides trademark owners a cost-effective, efficient way to…
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FMC RULING OPENS DOOR TO MISCHIEF
Sometimes the best intended act can lead to unanticipated results. In the case of informal docket no. 1916(I) GUMTREEFABRICS, INC. v. EVER-LOGISTICS INTERNATIONAL FORWARDING LIMITED d/b/a EVEROK INTERNATIONAL FORWARDING CO., LTD, the…
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Customs Seizure Benefits Florida
In August 2008, a piece of America’s aviation history, the Douglas AD-4N Skyraider*, reentered its home territory under false pretenses, which ultimately led U.S. Customs and Border Protection (CBP) agents to seize the aircraft nearly a…
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CBP Posts Updated Bond Policies and Procedures
CBP, at the URL below, has posted new guidance concerning customs bond policies and procedures. It notes that the Continuous Transaction Bond program has been centralized at CBP’s Revenue Division in Indianapolis, Indiana. All…
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Transshipment under the Export Administration Regulations: An Attempt to Get Around the Regulations Ends Badly For a Florida Company
The Export Administration Regulations (EAR), at Part 736, General Order No. 2 of Supplement No. 1, prohibits export of all items covered by the EAR to Syria unless they are licensed shipments of food or medicine. This broad prohibition…
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Customs Brokers Have a Due Process Right in Filer Codes; Government Cannot Revoke Codes Without a Hearing
Due process requires that a professional license, such as that held by a Customs broker, cannot be revoked by an issuing agency without a hearing. The Regulations take this into account and provide for certain procedural safeguards that…
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August A Busy Month For Export Control Regulation Amendments: Changes to the ITAR Dual-National Rule and Commodity Jurisdiction Process
The Obama Administration’s ongoing effort to simplify the complex maze of export regulatory regimes, dubbed the Export Control Reform initiative, has given rise to a proposed amendment to the International Traffic in Arms Regulations…
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The Court of International Trade Confirms that CBP Has Unlimited Time to Decide Protests
Importers that have contested CBP decisions are familiar with the protest process. In essence, a protest is a filing through which an importer challenges a CBP decision and advances legal arguments to further its cause. Importers that…
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Freight Forwarder Settles Charge of Antiboycott Violation for Furnishing Negative Certification of Origin on Shipper’s Invoice
Most trade intermediaries are familiar with the antiboycott provisions contained in Part 760 of the Export Administration Regulations (EAR). These regulations prohibit U.S. persons’ participation in or cooperation with the Arab League’s…
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When Is A Part A “Part of General Use?” The Federal Circuit Answers
On June 2, 2010, in Honda of America Mfg., Inc. v. United States, the Federal Circuit shed light on a question that occasionally stumps those in the trade community, namely: When should a part be classified under the HTSUS…
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CBP and CPSC Take Steps To Increase Import Targeting Effectiveness: CPSC To Issue Detention Notices
In 2008, the Consumer Product Safety Improvement Act became law. To implement the Act’s mandate to develop targeting methods to improve consumer safety, CBP and the Consumer Product Safety Commission (CPSC) have joined together to…
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Court of International Trade Makes Clear That One Cannot Challenge Denial of a Customs Protest in Court Until All Contested Duties Are Paid
Did you know that contested customs duties must be paid before a protest denial can be challenged in court? On May 6, 2010, the Court of International Trade (“CIT”) issued a decision that illustrates the importance of properly paying…
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Federal Maritime Commission Begins Rulemaking Process to Amend Regulations to Eliminate Filing of Rate Tariffs By Licensed NVOCCs
On April 29, 2010, the Federal Maritime Commission published a proposed rulemaking to implement its February 18, 2010, decision to relieve licensed NVOCCs from the costs and burdens of tariff rate publication. The April 29 rulemaking…
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Service Contract Held Inapplicable In Favor Of Bill Of Lading: Entire Yacht Is A “Package” Under COGSA And Liability Limited To $500
Until the Rotterdam Rules take hold, we will continue to examine COGSA cases worthy of note. A case involving the dropping of a $4,000,000 yacht due to a collapsed crane is noteworthy in our book, especially when the ocean carrier…
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CBP Now Accepts Online Requests For Confidential Treatment of Manifest Data
Some may not realize that data on inbound cargo declarations, CF 1302, is made public by CBP. Certain data contained on outbound manifest is also publicly available, such as the name and address of the shipper, general character of the…
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CBP Proposes Two Amendments To Broker Recordkeeping Requirements
On March 23, 2010, Customs and Border Protection issued a notice of proposed rulemaking wherein the agency proposes to amend certain of the Regulation’s recordkeeping requirements. First, the proposed rulemaking would allow a broker to…
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CBP Proposes To Eliminate The Mailing Of Liquidation Courtesy Notices
CBP’s Office of Regulations and Rulings, in a rulemaking notice of March 15, 2010, has proposed to amend the Code of Federal Regulations to discontinue the longstanding practice of mailing courtesy notices of liquidation to importers of…
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FMC Votes To Exempt NVOCCs From Publishing Rates
On February 18, 2010, the Federal Maritime Commission voted to approve a proposed rulemaking that would exempt non-vessel-operating common carriers (NVOCCs) from the longstanding requirement that they publish tariff rates. This move was…
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Goodbye COGSA, Hello Rotterdam Rules
By passing the Carriage of Goods by Sea Act of 1936 (COGSA), the United States adopted as domestic legislation the Hague Rules, which govern liability for loss in ocean carriage. At that time, ocean cargo was transported largely by…
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The Department of Commerce’s Bureau of Industry and Security Updates Its Freight Forwarder Guidance
The Department of Commerce’s Bureau of Industry and Security (BIS) recently posted new export control guidance for freight forwarders on its website. BIS enforces the Export Administration Regulations, which regulate the conduct of both…
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The First Sale Rule: Could It Lead To Duty Savings For You?
Some readers may be aware that Customs, through a proposed rulemaking, attempted to abolish the first sale rule in 2008. The first sale rule is a method of determining transaction value, or the price paid or payable, for valuation and…