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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 United States. This electronic system is an advancement from the current paper-based method used for documentation of imported goods. Ideally, this pilot program will help the CPSC to […]

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 persons in 12 very broad categories. This includes travel for purposes of professional meetings, business training, and/or to explore exporting to Cuba. The […]

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 have consistently held that under the tariff law, importation means the bringing of goods within the jurisdictional limits of the United States with intent to […]

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), protests in 19 USC 1514 and post-importation claims in 19 USC 1520(d)). The agency has eliminated the use of protests as a mechanism to file post-entry claims for free trade agreement and […]

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 guilt. They are: Eastern Car Liner Ltd. a vessel-operating common carrier based in Tokyo, Japan. Commission staff alleged that Eastern Car Liner operated pursuant to an unfiled space charter […]

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 food facilities to register with the department.  Under FDA and FSMA law, any person dealing with domestic and foreign facilities […]

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]. Generally speaking, US trademark laws are intended only for US consumers and US trademark owners[2]. By definition,  goods in-transit are never intended for entry into US […]

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 nuclear programme will be exclusively peaceful.”   In the agreement that has been reached thus far with Iran, that country has agreed to: […]

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 Canal by creating a new lane of traffic and allowing more and larger ships to transit. The expansion will create […]

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 demand manifested in both the increased cargo volumes and the size of the vessels that […]