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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…