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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), 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 […]

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 […]

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 ended on July 30, 2013 and the Final Publication is expected to be released sometime in December 2013 with the effective date sometime in February 2014. We have created an easy […]