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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…