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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…