Customs compliance
Classification, valuation, protests, CF-28s, bonds, brokers and recordkeeping.
- IEEPA refunds and CAPE
- Section 232
- Section 301 and China
- Antidumping and countervailing duties
- Seizures, penalties and forfeiture
- Customs compliance
- Export controls and sanctions
- FMC and maritime
- Forced labor and UFLPA
- Trade agreements and origin
- Intellectual property
- Business and litigation
- Trade policy
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Section 122 Tariffs: Status Update
Navigating Section 122 Tariff Litigation: Current Status and Essential Strategies to Preserve Refund Rights The landscape of international trade law continues to experience rapid shifts, and importers who paid duties under the temporary…
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What CBP’s New Supply Chain Visibility Proposal Means for Importers
On September 2, 2026, U.S. Customs and Border Protection (CBP) issued a landmark Advance Notice of Proposed Rulemaking (ANPRM) under Docket No. USCBP-2026-1058. The notice directly supports Executive Order 14411, “Strengthening Customs…
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Navigating the Great Transshipment Scam: What Importers Need to Know
On August 13th, 2026, the White House Office of Trade and Manufacturing Policy released a comprehensive report titled “The Great Transshipment Scam: Rise, Scope, and Costs”. For importers navigating complex international supply chains,…
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US Government Challenges Universal Tariff Refunds: What Importers Need to Know
The U.S. government is actively challenging a Court of International Trade (CIT) ruling that ordered U.S. Customs and Border Protection (CBP) to issue tariff refunds to all affected businesses- even those that never filed a lawsuit. In…
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New Section 301 Forced Labor Tariffs: What Importers and Customs Brokers Need to Know
On July 24, 2026, U.S. Customs and Border Protection (“CBP”) issued implementation guidance for the new Section 301 Forced Labor tariffs announced by the Office of the United States Trade Representative (“USTR”) one day earlier. The…
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U.S. Department of Justice Announces Creation of Global Trade & Commerce Enforcement Section and Stricter Civil and Criminal Trade Law Enforcement
In less than one year of operation, the Trade Fraud Task Force (TFTF)- a joint initiative launched in August 2025 by the Department of Justice (DOJ) and the Department of Homeland Security (DHS)- has officially crossed the $1 billion…
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CAPE Phase 2 Is Live, But Millions of Tariff Refunds Are Failing: What Importers Need to Know
The rollout of U.S. Customs and Border Protection’s (CBP) automated refund mechanism for struck-down International Emergency Economic Powers Act (IEEPA) tariffs has reached a critical juncture. On July 1, 2026, CBP submitted its latest…
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CPSC eFiling Coming Soon: Are You Prepared?
The landscape of consumer product imports is facing a major regulatory shift. The U.S. Consumer Product Safety Commission (CPSC), in coordination with U.S. Customs and Border Protection (CBP), is fully implementing its eFiling…
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The USMCA Review Deadline: Navigating Uncertainty in North American Trade
The future of North American trade has been thrown into sharp uncertainty following President Donald Trump’s recent declaration that his administration is “not looking to renew” the United States-Mexico-Canada Agreement (USMCA).…
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CBP Issues Two New Withhold Release Orders Against Jordanian Garment Manufacturers
On June 23, 2026, U.S. Customs and Border Protection (CBP) issued two new Withhold Release Orders (WROs) against garments produced by Needle Craft Ltd. and Casual Wear Apparel L.L.C., two garment manufacturers located in Jordan.…
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CBP Issues Withhold Release Order Against Serbian Copper Producer Over Forced Labor Concerns
On June 16, 2026, U.S. Customs and Border Protection (CBP) announced a new Withhold Release Order (WRO) against copper and copper products manufactured by Serbia Zijin Copper DOO, citing reasonable evidence that forced labor was used in…
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CBP Releases Comprehensive Forced Labor Enforcement Guidance for Importers
On June 12, 2026, U.S. Customs and Border Protection (CBP) released its new Forced Labor Enforcement Operational Guidance for Importers (Publication No. 5560-0526), providing importers with a consolidated reference guide covering the…
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Supreme Court Declines to Hear China Section 301 Tariff Challenge, Bringing Long-Running Litigation to a Close
On June 15, 2026, the U.S. Supreme Court denied a petition for certiorari in HMTX Industries, LLC, et al. v. United States, the lead case challenging the legality of the Section 301 tariffs imposed on imports from China under Lists 3…
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IEEPA Tariff Refund Process Faces Operational and Legal Challenges
There were several significant developments this week regarding the ongoing refund process for tariffs imposed under the International Emergency Economic Powers Act (IEEPA). Following the Supreme Court’s decision invalidating the IEEPA…
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Upcoming Webinar Featuring Fan Chen, Esq. and Shannon Liang, Esq.: “2026 IEEPA/CAPE Tariff Recovery for Chinese Enterprises in the US + Texas SB-17 Penetrating Regulatory Firewall Strategy”
(Please Note: This seminar will be in Chinese.) Join us on Zoom on Thursday May 28th at 8 PM (US Central Time) for an exclusive seminar with Fan Chen, founding partner of Mosaic, a law firm based in Texas, and Shannon Liang, our…
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CIT Invalidates Section 122 Tariffs — What Importers Should Know Now
On May 7, 2026, the U.S. Court of International Trade (“CIT”) issued a major ruling striking down the Administration’s 10% global import surcharge imposed under Section 122 of the Trade Act of 1974. The decision represents another…
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CBP CAPE SYSTEM LIVE TODAY: A New Era for IEEPA Duty Refunds
As of April 20, 2026, U.S. Customs and Border Protection (CBP) has officially launched Phase 1 of the Consolidated Administration and Processing of Entries (CAPE) system within the ACE Secure Data Portal. This long-anticipated…
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CIT Amends Order on IEEPA Tariff Refunds: What Importers Should Know
The landscape for recovering tariffs paid under the International Emergency Economic Powers Act (IEEPA) has shifted again, following a new move by the Court of International Trade (CIT). CIT Judge Eaton has issued a revised order on…
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New Section 232 Proclamation Overhauls Tariffs on Steel, Aluminum, and Copper Products
On April 2, 2026, the President issued a sweeping new proclamation modifying existing Section 232 tariff regimes on steel, aluminum, and copper imports. The changes represent one of the most significant expansions of these tariffs since…
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Court Temporarily Pauses Immediate Compliance Order as CBP Prepares System for IEEPA Tariff Refunds
New developments in the ongoing litigation over the IEEPA tariffs provide further insight into how and when importers may receive refunds of duties that courts have already held were unlawfully imposed. Recent filings from U.S. Customs…
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CIT Issues Landmark Order: CBP Must Liquidate Entries Without Invalid IEEPA Tariffs
CIT Issues Landmark Order: CBP Must Liquidate Entries Without Invalid IEEPA Tariffs by Isabella Ampudia
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CIT Orders CBP to Liquidate IEEPA Entries Without the Unlawful Tariffs
In a significant development following the Supreme Court’s decision invalidating the IEEPA tariffs, the United States Court of International Trade has issued an order directing U.S. Customs and Border Protection to liquidate affected…
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IEEPA TARIFFS HALTED: CBP GUIDANCE ISSUED
IEEPA Refunds: Are You Ready for the Ruling by Isabella Ampudia
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IEEPA TARIFFS UNLAWFUL: Supreme Court Hands Decisive Victory To Importers
In a landmark decision, the United States Supreme Court has held that the tariffs imposed under the International Emergency Economic Powers Act (“IEEPA”) are unlawful. With that ruling, the long-running uncertainty surrounding the…
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The Billion-Dollar Countdown: Why the Feb 20th SCOTUS Ruling Could Leave Unprepared Importers Behind
IEEPA Refunds: Are You Ready for the Ruling by Isabella Ampudia
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CBP Moves to Mandatory Electronic Refunds: What Importers Need to Know Before February 6, 2026
U.S. Customs and Border Protection has announced a significant modernization of its refund process that will directly affect importers, customs brokers, and other members of the trade community. Beginning February 6, 2026, CBP will…
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CIT Rules IEEPA Tariffs May Be Recovered Through Legal Action
Recent developments in the ongoing IEEPA tariff litigation have brought important clarity for U.S. importers seeking refunds of unlawfully imposed duties. While uncertainty continues to surround administrative refund mechanisms, the…
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La Corte d’Appello Federale Dichiara Illegittimi i Dazi IEEPA: Ma il Rimborso è Incerto? Un’Azione Legale Preventiva Potrebbe Preservare i Vostri Diritti
Importanti sviluppi nel diritto del commercio internazionale statiunitese stanno creando una finestra di opportunità sempre più ristretta per gli importatori che desiderano preservare eventuali diritti al rimborso dei dazi imposti ai…
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Federal Appeals Court Rules IEEPA Tariffs Unlawful, But Is A Refund Doubtful? Protective Legal Action Could Preserve Your Rights
Major developments in international trade law may be creating a narrowing window of opportunity for U.S. importers seeking to preserve their potential rights to IEEPA tariff refunds. Many companies, including Costco Wholesale…
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New Section 232 Tariffs on Medium- and Heavy-Duty Trucks and Parts Take Effect November 1, 2025
On October 17, 2025, the President issued Proclamation 10984, “Adjusting Imports of Medium- and Heavy-Duty Trucks, Medium- and Heavy-Duty Truck Parts, and Buses into the United States,” under Section 232 of the Trade Expansion Act of…
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When Importers Cheat Customs: Los Angeles Apparel Company Sentenced for $8 Million Duty Evasion — and Why Whistleblowers Matter
Federal prosecutors recently announced the sentencing of a Los Angeles-based apparel importer and its executives for a sweeping customs fraud and money laundering scheme — a case that highlights how import duty evasion can trigger not…
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New Section 301 Fees on Chinese and Foreign-Built Vessels Take Effect October 14
The U.S. government has announced new vessel fees under the ongoing Section 301 action into China’s targeting of the maritime, logistics, and shipbuilding sectors for dominance. Effective October 14, 2025, these fees apply to vessels…
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Renewed U.S.–China Trade Tensions: What To Expect from the Latest Tariff Escalations
The U.S.–China trade relationship may be entering a sharper phase of confrontation. In response to China’s recent tightening of export controls on rare earth materials and related technologies, the U.S. has jumped to threaten 100%…
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Updated Guidance On Section 232 Duties on Timber, Lumber, and Related Products
U.S. Customs and Border Protection (CBP) has issued guidance on the implementation of Proclamation 10976, “Adjusting Imports of Timber, Lumber, and Their Derivative Products into the United States,” published in the Federal Register at…
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New Section 232 Tariffs on Furniture and Wood Products: What Importers Need to Know
On September 29, 2025, President Trump issued a Section 232 proclamation imposing new tariffs on imported timber, lumber, and derivative wood products, including furniture. The move follows a Commerce Department investigation that…
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Updated Tariff Guidance: U.S.–Japan Agreement Brings 15% Baseline Rate
On September 16, 2025, the Department of Commerce published the tariff modifications needed to implement the United States–Japan Agreement (Executive Order 14345). The agreement sets a baseline 15% tariff on nearly all imports from…
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IEEPA Tariffs at the Supreme Court: What Importers Need to Know About Duty Recovery
On September 9, 2025, the Supreme Court agreed to expedited review of two consolidated appeals challenging the legality of the Trump administration’s tariffs imposed under the International Emergency Economic Powers Act (IEEPA). These…
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Reciprocal Tariffs Lose At Appeals Court, Battle Moves To Supreme Court
On Friday, the U.S. Court of Appeals for the Federal Circuit issued a major ruling on the scope of presidential tariff authority. In a 7–4 decision, the court found that former President Trump exceeded his powers under the International…
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Global Guidance for International Mail: New Duty Collection Rules Take Effect August 29, 2025
Effective August 29, 2025, U.S. Customs and Border Protection (CBP) will implement sweeping changes to the way duties are assessed and collected on international mail shipments. Under Executive Order 14324, Suspending Duty-Free De…
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HTSUS Reporting Sequence: Why the August 7 Reciprocal Tariff Changes Matter to Your Bottom Line
On August 7, 2025, a fresh round of reciprocal tariff updates took effect under Executive Order 14257, as amended, and they bring with them more than just new duty rates. For importers, brokers, and compliance teams, the real story is…
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New 35–40% Tariffs on Canadian Goods Take Effect August 1
Starting August 1, 2025, U.S. importers will face steep new tariffs on a broad range of products from Canada. Under updated guidance from U.S. Customs and Border Protection (CBP), all imports from Canada—unless specifically…
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New Section 232 Duties on Copper And Copper Derivatives
On July 30, 2025, the White House issued a new Presidential Proclamation imposing 50% ad valorem duties on imports of certain copper products under Section 232 of the Trade Expansion Act of 1962. These tariffs—effective August 1—apply…
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U.S. Court of International Trade Denies Relief For Chinese De Minimis Goods
On July 28, 2025, the U.S. Court of International Trade (CIT) denied a motion for a preliminary injunction which sought to block the end of the de minimis exception for imports from China. The decision adds another layer of complexity…
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U.S. And E.U. Make A Deal: 15%Tarriffs On Most Goods
On July 27, 2025, the United States and European Union reached a trade agreement that imposes a 15% tariff on most EU goods entering the U.S. The agreement, finalized during a meeting at President Trump’s Turnberry golf resort in…
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Commerce Launches Circumvention Inquiries on Aluminum Containers Completed in Thailand and Vietnam
The U.S. Department of Commerce has officially initiated country-wide circumvention inquiries to determine whether disposable aluminum containers, pans, trays, and lids completed in Thailand and Vietnam using Chinese-origin aluminum…
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U.S. Announces 30% Tariffs on Mexico and EU Imports Starting August 2025; Negotiations Ongoing
In a new escalation of U.S. trade policy, President Trump announced that beginning in August 2025, the United States will impose a 30% tariff on products imported from both Mexico and the European Union. The announcement came through…
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White House Extends Pause on Country-Specific Tariffs Until August 1—China Extended Until August 12
On July 7, 2025, President Trump issued an Executive Order titled “Extending the Modification of the Reciprocal Tariff Rates”, and U.S. Customs and Border Protection (CBP) has now released guidance on its implementation. This action…
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Potential Tariff on BRICS Countries, Allies
Overnight on July 6, 2025, President Trump issued a statement threatening additional tariffs on imports from countries that align themselves with the BRICS bloc. This statement comes just as BRICS countries have begun their annual…
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Vietnam Trade Deal Announced
On July 2, 2025, President Trump announced that the United States has entered into a new trade agreement with the Socialist Republic of Vietnam. This agreement introduces significant reductions in the country-specific rate for…
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U.S. Department of Commerce Puts Tariffs on Household Appliances
On June 16, 2025 the Unite States Department of Commerce published a notice in the Federal Register applying Section 232 tariffs on steel to 8 common household appliances. A duty rate of up to 50% will now apply to the steel content of…
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BREAKING: Fentanyl, Reciprocal Tariffs Struck Down, Other Tariff On The Way?
On May 28, 2025 a three-judge panel at the U.S. Court of International Trade (“CIT”) issued a finaljudgement vacating and permanently enjoining the Fentanyl Tariffs, as well as the Reciprocal Tariffs. Thisorder has tremendous…
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White House Clarifies China Tariff Changes
This weekend, delegates from the United States and China met in Geneva to discuss trade relations between the two countries. After reaching an agreement, the countries published a joint statement that foreshadowed future reductions of…
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De Minimis Tariffs Raised
In response to tariff retaliation from China, the Trump Administration has increased the duty rates on Chinese goods that previously qualified for de minimis duty free treatment. Background Beginning on February 1, 2025, President Trump…
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De Minimis Exception Eliminated For Chinese Goods
On April 2, 2025 President Trump signed an executive order finally eliminating de minimis duty free treatment on goods from China, ending a long saga of regulatory changes. Beginning on February 1, 2025, President Trump signed Executive…
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The End of MC Numbers: A New Era for Freight Brokers
The Federal Motor Carrier Safety Administration (FMCSA) is on the brink of implementing one of its most significant regulatory changes in recent years. Effective October 1, 2025, the FMCSA eliminates the use of Motor Carrier (MC)…
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39 Chinese Companies Added To DHS Entity List
On January 15, 2025, the United States Department of Homeland Security (“DHS”) added 39 companies to the Entity List (the “List”) under the Uyghur Forced Labor Prevention Act (“UFLPA”). Entities on the list are those entities working…
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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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 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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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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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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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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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…
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