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 with the regulations governing duty free treatment. Otherwise, you may end up paying duty when you least expect it. Carefully […]
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 promptly notified the insurance company writing its open policy. ITN subsequently issued a certificate of insurance to the cargo owner […]
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 protect their trademarks overseas. While not all business need to take advantage of the Madrid System, those businesses and individuals seeking to do business or […]
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 FMC opened the door to conduct which would ordinarily be prohibited. In that case an importer claimed that cargo was extortionately withheld from delivery to it by a […]
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 year later. Import and export of military aircraft and other defense articles generally requires a license or permit under the Arms Export Control Act […]
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 applies to all goods within the United States or U.S.-origin goods abroad, regardless of whether they are identified on the EAR’s […]
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 continuous and term bond submissions, including continuous ISF bonds, along with requests for terminations and bond riders, must be submitted via email to cbp.bondquestions@dhs.gov. Details concerning […]
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 protect a broker from arbitrary license revocation. However, what about a broker’s filer code? That issue was brought before the Court of […]
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 (“ITAR”), published by the Department of State on August 11, 2010. The ITAR generally prohibits the unlicensed export of defense articles, data and services, unless an […]
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 are familiar with the protest process may also be familiar with the seemingly endless wait that often must be endured between the filing […]