It is common practice today for companies to post their Terms and Conditions (T&C) online, but the key to enforceability is ensuring that these terms are accessible by the customer. In the shipping industry, you are responsible for making customers aware of Terms and Conditions by either publishing access to them in the bill of lading or in an e-mail […]
In 2000, the Civil Asset Forfeiture Reform Act (CAFRA) was signed into law. This act was passed as a response to a seizure system that had become rife with abuse as law enforcement agencies seized personal property from citizens, putting to their own use. CAFRA relieves individuals who have had their property wrongly seized by enacting a variety of reforms. […]
When entering the United States, it is required that all passengers report any amount of money with them that is in excess of or equivalent to $10,000. If there is a failure to correctly report, this money can be seized. This reporting requirement is a worldwide standard that the U.S. abides by. It is important to note that this $10,000 […]
Freight forwarders customarily make bookings with ocean carriers on behalf of their clients, and often they are listed as forwarding agents on the carriers’ bills of lading. Occasionally, forwarders are sued by carriers for unpaid freight or other charges such as demurrage. The question is, “How often are forwarders legally liable for the carriers’ charges?” The answer depends on how […]
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 […]
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 […]
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 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 […]
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 […]