Customs & Trade Law News

October 11, 2017: 
     - CIT rendered judgement against company (in addition to the judgement against its owner) for duties, penalties, interest, and other cost items due to negligence.

October 3, 2017
     - DOJ:  FCA Settlement: Company's domestic purchases allegedly "aided the fraudulent scheme by ignoring warning signs that . . . irregular business practices were highly suggestive of fraud."  Consent order here.

September 27, 2017: 

     - ITC: Softwood Lumber: Updated ITC Schedule

August 5, 2017
     - CIT: Gerson Company: battery-powered LED candles classified as "lamps".
     - Consortium for Common Food Names continues the fight against the EU's push for Geographic Indicators in Comments to China

August 4, 2017
     - Congress: Legislation: Countering America's Adversaries through Sanctions Act:  re: Russia, Iran, & N. Korea
     - Senate Finance Cmte:  Sen Wyden on Softwood Lumber Negotiations, "Real consultation is not telling us 5 minutes before somethings going to happen --- before a proposal is offered or an agreement is agreed to."
     - POTUS nominee to Seec. of Commerce for international Trade, Gilbert Kaplan, testifies he would be more creative in self-initiating cases, and using section 301.
     - Concurrently, Senate Democrats propose blueprint for an independent prosecutor at the ITC.

August 3, 2017
     - POTUS: rumors of trade measures against China for its unfair trade practices, particularly forced technology transfer and violations of intellectual property rights (IPR).  

August 2, 2017
     - BIS: SNAP-R system improvements: Updated manual

August 1, 2017
     - Softwood Lumber: Settlement stuck on 3rd country supply issues.
     - Congress:  Reconciliation of Sanctions Bill on Russia, Iran, N. Korea <NPR summary>.

July 31, 2017
     - Congress: Veto-Proof Passage: Countering America’s Adversaries Through Sanctions Act: Imposes Sanctions on Russia, Iran & N. Korea.

July 27, 2017
     - Congressional Leaders: set aside the Border Tax Initiative
     - Customs: CSMS# 17-000423 - ACE Post Release Deployment Update

July 26, 2017
      - July 26, 2017:  Bipartisan letter from U.S. Senate Finance Committee urges negotiation of a quote resolution and demands consultation and briefing of the Senate.  

STEEL:
          - United Steelworkers Union:  Urges 232 Investigation to proceed quickly.
          - The Hill:  POTUS explains investigation will take time.
          - Congress:  Exclusion for 232 steel investigation           

July 25, 2017
     - Commerce: Affirmative anti-circumvention determination re: 5050 Series Aluminum Extrusions.
     - CIT: Court sustains DOC remand in Sunpower & Kyocera Solar

     - U.S. Dairy Assn.: Comments: EU-Canada FTA (CETA) objecting to the impact on U.S. Products & Trademarks in Canada
          + for more, read the Cato Institute's: "Reign of Terrior: Europe’s Efforts to Control Common Food Names..."
          + as well as, Geographic Indicators at Home and Abroad, by Hazel V J Moir.

July 20, 2017
     - Canada: Request for Extension:  re: schedule for the briefing and final determination on Softwood Lumber

July 19, 2017
     - USTR: Press Release: Negotiating Objectives for NAFTA
     - HQ H275530 re: application of $800 informal limit

July 14, 2017
     - CIT: US v. Khan:  Negligent classification - despite reliance on Customs Broker.
     - Commerce: ADCVD Final Results: Solar Cells from China (2014) 
    -  China: Proposed legislation would strengthen national export control regulations

July 13, 2017
     - CBP: CSMS #17-000401: PGA message set guidelines for Seafood Import Monitoring Program
     - USTR: KORUS: Letter from Lighthizer to Korean Minister of Trade
     - CBP: LA FP&F: Ms. Yolanda Benitez appointed FP&F Officer
     - ITC: Softwood Lumber:  Scheduling for the Final Phase of ADCVD Investigations
     - FCC: Elimination of FCC Form 740 announced
     - 
15 Former Economic Advisers warn President that Steel tariffs under Sec 232 would cause harm.

July 6th, 2017
     - Commerce: Final Results: Crystalline Silicon Photovoltaic Products from Taiwan (2014-2016)
     - Commerce: Final Results: Hot-Rolled Flat-Rolled Carbon-Quality Steel Products from the Russian Federation: (2014-2015)
     - Commerce: Prelim results: Honey from China (2015 -2016)
     - BBC: EU and Japan reach Free Trade Agreement

     - Producers and exporters of Aluminum Extrusions (and other goods) have an opportunity to take immediate action to obtain separate rates.  

July 4, 2017
     - Commerce: AD: Postponement: Hardwood Plywood final extended to November 6.  Also extending provisional measures.

July 3, 2017
     - FDA: CSMS #17-000388: Update to Food and Drug Administration Related Low Value Shipments   (And here is a link to the FDA's updated Import Manual).
     - Commere: List of Upcoming ADCVD Reviews
     - Commerce:  Final Review: Preserved Mushrooms from China (2015-2016)     
     - Commerce:  Final Review: Warm Water Shrimp from Thailand (2015-2016)
     - Commerce: Postponement of Prelim.:  Tool Chests & Cabinets from China
     - ITC: HTSUS 2017 Revision 1:
     - ITC: Change Record: List of Changes to tariff (incl. some ITA II items)

June 29, 2017
     - USTR: List of changes to GSP
     - Weily Rein: Domestics discuss evasion claims filed: Diamond Sawblades
     - CBP: FRN: ACE Delay

June 27, 2017
     - Commerce: Factsheet: Softrwood Lumber from Canada
     -  Congress: Organic foods:  Concerns expressed over fraudulent imports
     - Customs: H284146: Certain phone cases are classified under Heading 4202 (notwithstanding Otterbox v. US)
      - CBP: ACE: implementation delayed (impacts liquidation (with the exception of the previously deployed electronic posting of the Notices of Liquidation on CBP.gov), reconciliation, drawback, duty deferral, collections and the Automated Surety Interface (ASI). 

June 23, 2017
     - Commerce: Final Results: Steel sinks from China
     - Commerce: Postponement of Preliminary Determination until September 18, 2017
    - USDA: Fresh Beef from Brazil:  Import Suspension

June 19, 2017
     - Commerce: ADCVD Factsheet and Preliminary Decision: China Hardwood Plywood

June 16, 2017
     - LA/LB:  Truckers/warehouse workers plan a 1 week strike starting Monday 6/19
     - DEA: Webinar: New filing procedures
     - Commerce: ADCVD Scope: China Wood Flooring (2-layer flooring excluded, 3+ layers covered)
     - NAFTA: Waiting to Exhale?  Ok, go ahead... 

June 13, 2017
     - WCO:  Update: Classification decisions
     - Commerce: ADD Review: China Garlic (2014-2015)
     - USTR: NAFTA Comments
     - GAO Report on Customs: highlights
     - China: Anbang Chairman detained

June 9, 2017
     - CBP: CSMS #17-000338: PSCs re: TIB
     - CBP: CSMS #17-000333: Protest resubmission re: Zojirushi case (August 2016)
     - CBP: Awareness Campaign: The Truth Behind Counterfeits 
     - China: Belt & Road Forum 2017.  

June 8, 2017
     - IPR: Live footage: Illicit Budweiser manufacturing in China (600,000 cartons of fake beer a month).
     - CBP: Federal Register: Forced Labor: "Consumptive demand” removed section 910 of TFTEA.
     - Commerce: AD Admin Review: PRCBs from Thailand
     - Commerce: Deal: US-Mexico Sugar trade
     - WTO: Annual Report 2017
     - Congress: H.R. 10:   Conflict Mineral repeal bill passes the House
     - Commerce: Final Results: Antidumping Review: Diamond Sawblades

June 7, 2017
     -  Commerce: Modification: Final Results: AD Review: Multilayered wood from China
     - CBP: ACE:
          - Business Rules & Process Document: Update (June).
          - FR Notice: Drawback and Reconciliation (July 8 Releases)
     - CBP:  Recommendation for Processing Entries Subject to the Canadian Softwood Lumber Countervailing Duty (CVD) 
     - SF Federal Reserve: Tariff Risk to Economy
     - Senators: Pressure Customs on ADCVD collection: Bonding of Honey
     - Steel Associations: NAFTA comments

June 5, 2017
     - Commerce: AD/CVD Review: Preliminary Results (2015-2016): Aluminum Extrusions.  (About 3X current margins).
     - Commerce: AD/CVD Review: Preliminary Results (2015-2016): Freshwater Crawfish Tail Meat
     - Commerce: Consolidated Comments: 232 Steel Investigation
     - CBP: CSMS 17-000326: NAFTA Comments solicited (June 12 deadline; hearing June 27).  (ITC meeting 7/20)

June 2, 2017
     - Supreme Court: Patent Exhaustion & Gray Market Goods: Impression Products Inc. v. Lexmark International Inc.
     - FCC: Form 740 Suspension: Continued until Sept. 30.
     - Commerce: Final Results: Wood Flooring from China.
     - CBP: Press release: implementation of executive order on trade enforcement.
     - Congress:  McSally Bill on CBP border staffing.
          >Interesting stat: "since implementation (of the polygraph test)....two thirds of applicants have failed the test."

May 31, 2017
     - WCO: Advisory Opinion 4.17: Valuation Clarification: Dutiability of Royalties Arising under a Franchise Agreement
     - Congress: H.R. 2756: Trade Enforcement Bill Introduced
     - ITA: Correction: CVD Hardwood Flooring from China
     - ITC: FACTSHEET: Section 201 Safeguard Investigation Launched: Solar Cells
     - CDSOA Distributions Report
     - CSMS 17-000314: FDA FSVP: Compliance Date
     - AMS: Proposed Rule: De Minimis Exemption for Softwood Lumber

May 25, 2017
     - Criminal Charges: Trade Secret Theft & Conspiracy for benefit of Chinese manufacturer: syntactic foam
     - ITC: MTB:  Comment period dates
     - ITC: NAFTA Investigation: Effects of Duty-Free NAFTA Imports

May 23, 2017
     - Border Adjustment Tax: House M&W Cmte Testimony:
          - Target (CEO Brian Cornell)
          - Walmart (CEO Bill Simon)
          - Professor of Economics (Kimberly Clausing)

     - WSJ: Border Tax looks Dead.

     - DOJ: Criminal Sentence: Counterfeit Msft Software Discs.

May 22, 2017
     - USTR: FR Notice: NAFTA Comments (June 12) and Hearing (June 27) Announced

May 20, 2017
      - China: Canadian Winery owner imprisoned in China for under-valuation.
     - DOJ: Press Release: False Claim Act Settlement: Wooden Bedroom Furniture

May 19, 2017
     - CBP: entry of air Cargo: Split-Shipment Guidance
     - McConnell: anticipates Senate won't pass the Border Tax
     - Gary Doer:  Representing Alberta in Softwood Dispute

May 17, 2017
     - USTR Notification to Congress: Intent to Renegotiate NAFTA: Summary.  (Following on an earlier notice in 3/17.  Reports are that Lightheizer is committed to the removal of NAFTA CH 19, Dispute Settlement provisions.)

May 15, 2017
     - SEIA: Solar Cell & Modules: Industry trade group pledges opposition to section 201 petition.

May 11, 2017
     - FDA Final Rule: FSVP
     - CSMS: 17-000270: FTA qualification in the absence of a TCR (Tariff change rule).
     - Congressional Research Service report: Meaning of Made in USA
     - CPSC: NPRM: Table Saws: Safety Standard
     - ITC: Fact Sheet: Cold Drawn Mechanical Tubing

May 10, 2017
     - DOJ: Sentencing & Charging Memo: Directs federal prosecutors to "charge and pursue the most serious, readily provable offense."

May 4, 2017
     - Request for Comments: Subsidy Programs for Countries Exporting Softwood Lumber to the US.

April 29, 2017
     - Executive Orders:  (1) Office of Trade and Manufacturing Policy, and (2) Trade Agreement Violations and Abuses
     - Softwood lumber: IORs advised to use PSCs to correct for ADCVD.

April 27, 2017
     - Prison sentence for buying radio transmission modules and arranging for transshipment through Singapore to Iran.  The modules have use in office settings, could also have been used by terrorists.

April 26, 2017
     - ITC: Solar cells and modules: Sunvia files section 201 petition to impose tariffs against worldwide imports.

April 23, 2017
     - Commerce: Preliminary determination & Summary factsheet.

April 19, 2017
     - Census: Clarification of filing requirements (Final Rule).

April 5, 2017
     - CBP: Ruling: First Sale:  Flash title scenario used to justify defective "sale for export".

March 31, 2017
     ***** Executive Order re: Trade Enforcement  *****

March 16, 2017
     - Proposed budget: agency winners/losers (WSJ)

February 22, 2017
     - WCO: Trade Facilitation Agreement (TFA) entered into force.  Summary here.

February 6, 2017
     - ICC commissioned report concludes the global economic value of counterfeiting and piracy could reach US$2.3 trillion by 2022. 

February 2, 2017
     - La Nica Products v. US: SJ motion denied re: FTA qualification (plaintiff was not the IOR); duty liability also not discharged by judicial estopple.)

February 1, 2017
     - Washington Post article: Mexico & Canada taking first steps to NAFTA renegotiation.

January 31, 2017
     - CSMS #17-000046:  Requirements for Subheading 9801.00.10 – U.S. and Foreign Goods Returned

January 26, 2017
     - TSA partners with 11 additional airlines to offer TSA Pre

January 25, 2017
     - Customs opens fraud center in Puerto Rico: San Juan Trade Enforcement Coordination Center

January 18, 2017
     - Customs issues general notice of “Proposed Modification and Revocation of Ruling Letters Relating to Customs Application of the Jones Act to the Transportation of Certain Merchandise and Equipment Between Coastwise Points”

January 13, 2017
     - Guidance for Cargo Moving in-bond from an FTZ to a CBW.

January 12, 2017
     - CBP Joins DOJ, FBI, and EPA in Announcing a Settlement Against Volkswagen
     - ITC Preliminary Report on Hardwood Plywood.
     - Notices of Action published for Enforce & Protect Act ADDCVD Evasion proceedings

January 9, 2017
     - The ITC determines a reasonable basis exists to conclude the U.S. lumber industry is being harmed by Softwood Lumber imports from Canada that are either being sold at less than fair value, or subsidized by Canada’s government. 

November 27, 2016
     - Petition against Canadian Softwood Lumber filed by US domestic industry. Investigations: 701-TA-566 and 731-TA-1342.   (See our page on the softwood lumber dispute)

November 17, 2016
     - Ottawa's pro-active offer to renegotiate NAFTA with President Trump.

November 10, 2016
Importer's concerned about NAFTA might consider using the MTB mechanism to create "backup" duty-reduction options in the tariff.

November 1, 2016
FTC files complaint for "Made in USA" violation re: glue products.  (Suit settled for $220,000)

October 20, 2016
In Pleasure-Way Industries, the CIT held Canadian manufacturing altered cargo vans beyond the permissible scope of HTSUS 9802.00.50, destroyed the essential characteristics of the vans, and created a new commercial product.

October 19, 2016
FTC's report re: patent "troll" issues (i.e., 'patent assertion entities')

October 18, 2016
J&N presentation to the LA Customs Broker Association on FP&F.

October 14, 2016
CBP's NPRM re: electronic notices of liquidation. Comments due: Nov, 15.

October 13, 2016
-Miscellaneous Tariff Bill petitions open tomorrow at the ITC portal.  Background information here.  ITC releases Handbook on Filing MTB Petitions

October 12, 201
-Window for Hanjin Bankruptcy claims in Korea opens from October 11 to October 25.
- Court's 3rd remand order to Commerce is symptomatic of complexity in Aluminum Extrusions Order.

October 11, 2016
A limited window for Hanjin creditors to file claims in Korean court.
- President's Executive Order lifts sanctions against Burma

October 4, 2016
Appointment: Acting Port Director in Long Beach- Ms. Loretta Sanchez

September 27, 2016
General Administration of Customs (GAC) announced the Implementation of Customs Inspection Regulations (Decree of the GAC NO. 230) to specify the operational procedures and provided the detailed information in the Decree.

September 23, 2016
DOJ files suit under the False Claims Act in yet another case against a garment importer.

September 15, 2016
-Appointment: Director of Field Ops in Long Beach - Mr. Carlos Martel
-President reinstates trade preference benefits for Myanmar/Burma.
-President terminates national emergency and lifts sanctions re: the Ivory Coast (Côte d’Ivoire).
-Campaigns against the TPP intensify.

September 10, 2016
Customs launches recordation process for unregistered copyrights to facilitate border enforcement.

September 9, 2016
-CBP Long Beach: Procedures to suspend Entry/General Order clocks for local Hanjin containers.
- News article cites control Canadian inspections driving cargo to Seattle. 

September 7, 2016
-CBP releases details re: electronic liquidation in ACE.  Interim rule to come in FR.
-ACE Entry Summary Business Process document updated.
-Deadline for Drawback and Recon on ACE reportedly extended to October 29.
                    
Update 9/8: CBP confirms extension of ACE post entry functions.

September 6, 2016
-CBP CSMS #16-000788 (Guidance on Vessel Diversions for Hanjin Shipping Lines Cargo).
-OFAC adds 133 new Russian entities to the SDN and SSI lists.

September 3, 2016
-Settlements published from OFAC ($1.3 M) and BIS ($8.1 M) in the Alcon Pharma export disclosure cases.
-Russian-born CEO of Arc Electronics sentenced to a decade in prison in a 19 count indictment for the company's evasion of US export controls.

September 2, 2016
Repealed and new Prop 65 regulations.  Re: transmission and content of warnings in Article 6.

September 2, 2016
CBP posts a Reconciliation Guide for ACE filers.

September 1, 2016
Court of Appeals for the 9th Circuit upholds US trademark holder's right to sue for trademark infringement where the infringing good are sold abroad.  Trader Joe's v. Hallatt, No 14-35035, 2016 WL 4488009 (9th Cir. Aug 26, 2016)

 

August 31, 2016
Hanjin Shipping files for court receivership (Hanjin is the 7th largest container carrier in the world).  Hanjin ships are having Port access issues due to insolvency issues; shippers may expect delays, and creditors should prepare to file claims. Article.

                    Update 9/2: Three lawsuits filed in federal courts by ship owners and other creditors.

August 29, 2016
CBP deploys protest filing in ACEelectronic protests must be filed via the ACE Secure Data Portal.

August 29, 2016
CBP publishes an Interim Final Rule (IFR) announcing the increase in value from $200 to $800 for certain articles that may be imported by one person, free of duty and tax.  (This amendment implements Section 901 of Trade Facilitation and Trade Enforcement Act of 2015 (TFTEA)).

August 25, 2016
Liquidation notices to be entirely electronic under ACE: (details to come in an FR notice)

August 23, 2016
A new website for the FDA's Division of Import Operations. 

August 22, 2016
The SEC probing for ties between US companies and Syria (export compliance).

August 21, 2016
National Brokers position paper on ACE as an unfinished system.

August 20, 2016
CBP's new procedures for the investigation of ADD/CVD evasion.

August 9, 2016
Sample "Informed Compliance Letter" being sent to importers by Regulatory Audit.

August 8, 2016
Fed Reg notice re: ACE module for protests

August 4, 2016
CIT: Zojirushi: Protests will lie against certain post-entry claims

August 2, 2016
Update of the Customs Valuation Encyclopedia to 2015.

 

July 21, 2016
Announcement of the National Jones Act Division of Enforcement. 

July 20, 2016
Dept. State relaunches its Company Visit Program.

July 15, 2016
Press release on $98.9 Million settlement on price fixing conspiracy (antitrust violation) re: Wallenius Wilhelmsen Logistics AS (WWL).

July 15, 2016
Press release on $13 Million False Claims Act settlement re: Customs duties owed by Motives Far East and Motives China Limited.

July 13, 2016
Final rule amending FDA food facility registration requirements, effective Sept 12, 2016.

July 11, 2016
Tentative agreement on Amendments to the NAFTA Rule of Origin (aka "Track IV") would liberalize eligibility for pharma, cosmetics, rubber, metals, industrial/electrical machinery, precision instruments, and natural gas. (N.B.: the Track IV announcement has since been removed from Canada's website.)

July 10, 2016
Negotiations on a new Softwood Lumber Agreement continue in face of the October 12 expiration of the US "standstill" on potential ADD/CVD actions.

July 9, 2016
EPA releases First Year Implementation Plan for TSCA reform.  Also releases unofficial, revised TSCA.

July 8, 2016
AMCHAM CHINA publishes article outlining China's VAT reforms.

July 7, 2016
Transcript from CBP's Webinar on ACE quota processing.

July 3, 2016
BIS Charging and Penalty Guidance in Administrative Enforcement Cases.

July 2, 2016
Information Technology Agreement II ("ITA II") phaseout schedule and expansion list.

July 1, 2016
GSP Modifications after 2015-2016 Annual Review

 

June 30, 2016
Mr. Mitchell Merriam appointed as Area Port Director to the Port of Long Beach.

June 25, 2016
Repository of BIEC Webinars detailing interagency actions on ACE implementation (i.e., FDA, EPA, APHIS pilots)

June 23, 2016
President signs the Frank R. Lautenberg Chemical Safety for the 21st Century Act which reforms the Toxic Substances Control Act (TSCA).

June 22, 2016
Proposed legislation in the Senate would reform the Pier Pass program in Long Beach.

June 17, 2016
News outlets report that China has postponed aspects of its new tax policy on foreign e-commerce purchases.

June 15, 2016
Congressional bill to amend the FTC "Made in USA" standard to specifically preempt state legislation. See news on California's revised statute, dated September 5, 2015 (below).

June 5, 2016
BIS & DDTC publish final rules on fundamental definitions and cloud computing.  As a consequence certain encrypted transfers of software and technology are decontrolled.  

 

May 26, 2016
ADD/CVD petition filed against Ammonium Sulfate from China (it is used in textiles, flame retardant products, and etc.)  

May 20, 2016
MTB reform bill signed into Law. Duty suspensions petitions may be submitted in October.

May 19, 2016
WCO releases 233 sets of Nomenclature Amendments for the 2017 HTS.

May 10, 2016
Ruisanchez Guidance issued by the DOJ on March 31, 2016, re: resolution of employment anti-discrimination concerns when verifying citizenship pursuant to export compliance obligations.

May 2, 2016
Modifications to of Article 6 of Prop 65 re: 'Clear and Reasonable Warnings.'  (Redline version).

 

April 28, 2016
Congress passes the Defend Trade Secrets Act of 2016  (S.B. 1890) which creates a federal cause of action for trade secret misappropriation.  The DTSA will go into immediate effect when signed by the President in the near future.

April 27, 2016
The House passes the MTB Reform Bill.  Passage through the Senate expected in May.

April 19, 2016
Census and Commerce NPRM on the FTR: clarification on filing requirements.

April 12, 2016
CBP announces date for the West Coast Symposium. May 25-26, 2016, in Phoenix, Arizona. 

March 1, 2016
Criminal complaint in US v. Kuyumcu brought for an EAR99 chemical that the exporter shipped to Turkey.  The DOJ asserts that circumstantial facts establish the exporter knew the goods would be re-exported to Iran.

February 29, 2016
FRN: ACE announced as the Sole CBP-Authorized EDI System Electronic Entry and Entry Summary Filings.

February 20, 2016
CAFC decision in Lexmark International v. Impression Products, Inc.  upholds the no exhaustion holding of Jazz Photo.  

February 12, 2016
CIT denies garlic importers bond sufficiency request for a preliminary injunction in Premier Trading v US.

February 11, 2016
Conference Report:  Senate passes the Customs Re-Authorization Bill.  (including provisions for ADD/CVD enforcement, drawback simplification and  increasing the de minimis value from $200 to $800.)

February 8, 2016
TPP signed by member nations; must now be ratified by each.

February 7, 2016
 Transitional Timeline re: ACE Implementation

January 29, 2016
Strike announced in NY/NJ; ports shut down.

January 28, 2016
DDTC exercises its authority under 22 CFR 126.3 to waive the requirement under 22 CFR 123.22(a)(1) for exporters to deposit permanent export licenses with CBP prior to filing in the Automated Export System (AES) or ACE. 

January 26, 2016
The new US policy on Cuba announced in Rule changes published by BIS and OFAC.

January 11, 2016
OFAC's Cyber-Related Sanctions policy published.

January 10, 2016
Customs announces that the San Francisco Center for Excellence and Expertise for Apparel, Footwear and Textiles has been expanded to interface with over 67,000 importers.

January 1, 2016
OFAC issues rule creating a cyber-related sanctions program that implements Executive Order 13694 of April 1, 2015 ("EO 13694").  The "cyber sanctions" will target persons involved in malicious cyber activities threatening U.S. national security, foreign policy, or economic health or financial stability. 

December 28, 2015
BIS proposal to revise policy guidance on enforcement of EAR.

December 14, 2015
FMC issues shipping act fines against 7 firms.

December 5, 2015
CAFC decision in Nitek: CBP must articulte a level of culpability in the pre-penalty notice and notify the importer of any changes to that culpability level in the final penalty claim. 

November 17, 2015
Andrew Ceresney, SEC Director of the Division of Enforcement, announces that “going forward, a company must self-report misconduct in order to be eligible for the Division to recommend” a non-prosecution agreement (NPA) or deferred prosecution agreement (DPA).

November 24, 2015
Port Guidance for AES FTR penalties

November 5, 2015
Full Text of the TransPacific Partnership Released (TPP).

October 28,2015
Customs proposes elimination of hybrid entries.

October 26, 2015
HMF/MPF increases proposed in Congress.

October 20, 2015
Canadian CARM (CBSA Assessment and Revenue Management) ALR (Accounts Receivable Ledger) to be effective January 25, 2016.

October 15, 2015
Registration opens for CBP Symposium (Baltimore Nov. 4-5). 

October 14, 2015
Interim Final Rule on ACE Deployment published to the Federal Register.

October 9, 2015
Yates Memo: DOJ Guidance on Accountability of Individuals for Corporate Fraud

October 7, 2015
Customs issues ruling on "television cameras" - potentially subject to judicial review.

October 6, 2015
Lumber Liquidators Lacey Act settlement.  Total fines: $10 million.

October 5, 2015
TPP negotiations conclude and the USTR unveils it's new website for the agreement.

September 30, 2015
CBP's Trade Symposium scheduled for November 3-4 in Baltimore, MD. Details to come.

September 18, 2015
Federal Register final rule modifying CBP's enforcement of IP rights includes CBP providing limited information on suspect shipments to rights holders before the merchandise is detained.

September 17, 2015
Senate Customs Re-authorization add provision requiring Commerce to apply CVD against currency manipulators.  (After mid-August devaluation actions by China & Vietnam).

September 16, 2015
Customs Bulletin (Vol. 49, No. 37) ruling actions on: Classification of Plastic McQueen Car and Cup, Certain Blind Rivet Nuts, Footwear From China, Emergency Roadside Kits, and the Origin Marking of Certain Boxes of Tissues.

September 15, 2015
When interviewed, Senator Hatch (R-Utah) indicates belief that the House Republicans will find a way to support the Misc. Tariff Bill reform efforts.

September 14, 2015
BIS's Final Rule expands the scope of License Exceptions: Support for the Cuban People (SCP) and Aircraft, Vessels and Spacecraft (AVS); corrects License Exceptions: Consumer Communications Devices (CCD) & Agricultural Commodities (AGR).  

OFAC Final Rule on Cuba, and an FAQ.

September 10, 2015
FSMA rules released by the FDA are viewed by the agency as "critical linchpins" to create preventive controls for human and animal food.

September 9, 2015
DOJ memo on Individual Accountability for Corporate Wrongdoing

September 5, 2015
SB 633 amends California's "Made in USA" standard to roughly align with the federal standard administered by the FTC.  See, Section 17533.7 of the Business and Professions Code.

September 3, 2015
Customs Ruling on "C/X" Plywood.  HQ H256797, May 28, 2015.

September 2, 2015
Lacy Act Enforcement Schedule for Phase V items.

August 30, 2015
OEHHA announces hearings on October 14th to discuss the repeal/amendment of Lead thresholds (MADLs). Written comments due October 28th.  See, OEHHA's draft language.

August 25, 2015
DOC's scope memorandum finding Streamlight's Head Sink Parts for LED Lamps within the Aluminum Extrusions Order serves to highlight the complexity of the current scope analysis.

August 15, 2015
Textile & Apparel enforcement branch contact: Trade Bulletin 2015-13

August 13, 2015
Reminder: Effective March 1, 2013, both CBP & ICE are using the DOJ website www.forfeiture.gov as notice to the public that property has been seized and is subject to forfeiture.  

August 11, 2015
OEHHA intent to list CMNP (Pyrazachlor) and Sedaxane 

August 7, 2015
PHMSA Lithium Battery Regulations published to the Federal Register.

August 6, 2015
Post Summary Corrections (PSCs) and Post Entry Amendments (PEAs) now provide for inclusion of missing invoices. CSMS #15-000521 

August 5, 2015
July TPP talks marked by disagreement.  Other concerns include secrecy & concerns over foreign suits (ala the arbitrated case in Methanex v. US).

August 2, 2015
FDA presentation on Voluntary Qualified Importer Program (VQIP)

July 30, 2015
SF Drawback Guidance: (1) Preparation of Drawback Applications, and (2) Drawback Claims and Common Errors.

July 26, 2015
WTO agreement on ITA2 provides for the staged expansion of duty-free technology products around the world.

July 25, 2015
FCC to propose revisions to RF device regulations.

July 24, 2015
ACE: Deployment E information update.

July 23, 2015
The Joint Comprehensive Plan of Action (JCPOA) on Iran published by the White House. 

July 23, 2015
OEHHA announces that it will not proceed with a listing process for "furfural" due to inadequate EPA documents.  (Note, "furfuryl alcohol" is still to be listed).

July 22, 2015
OEHHA notice issued re: the addition of Furfuryl alcohol to Prop 65 list.

("Used to produce furan resins, as a chemical intermediate in the synthesis of other chemicals, and as a solvent in textile printing and alkaline paint strippers. Formed in foods during thermal processing and as a result of the dehydration of sugars.")

July 20, 2015
As a result of GSP renewal, CBP issues FAQ on refunds.  For entries where no SPI indicator was filed against shipments imported after the lapse period, affirmative refund requests must be filed by December 28, 2015.  Port of Portland notice.

July 15, 2015
Trade to Iran to open following 'nuclear deal'.

July 14, 2015
9th Circuit False Claims Act decision in U.S. ex rel. Hartpence v. Kinetic Concepts overturns "original source" precedent relating to pre-2010 relator claims.  (In 2010, the FCA amended to remove the “direct” knowledge requirement.)

July 7, 2015
ECHA proposes 15 new substances to the EU REACH list. 

July 6, 2015
SEC Proposes Frank-Dodd Rule for exchange standards requiring "claw backs” of incentive-based executive compensation where materially incorrect financial statements are restated.

July 3, 2015
ITC Report: Shifts in Merchandise Trade

July 2, 2015
CBP to assist US Exporters who have issued with foreign Customs re: Tariff Classification and Valuation.  80 Fed Reg. 34924 (June 18, 2015).

July 1, 2015
Seattle Split Arrival/Entry Information for ACE Shipments.

June June 30, 2015
President Obama provides exclusion from denied party rules for certain hostage ransom payments.

June 29, 2015
President Obama signs the Trade Preferences Extension Act of 2015.

June 27, 2015
TSN letter requesting extension of ACE mandatory filing date past November.

June 26, 2015
BIS and DOJ announce prosecution and plea bargain in WI case involving the export of luxury vehicles.  Among the charges: wire fraud and false AES statements.

June 25 2015
WCO publishes Guide to Valuation and Transfer Pricing

June 22, 2015
Cargo handling requirements for ATCET Exams at LALB Seaport.

June 18, 2015
A visual explanation of the 'single window'.

June 15, 2015'
ICTSI proposes legislation to amend the National Labor Relations Act to prevent disruptions in west coast ports.

June 12, 2015
House Democrats kill the TAA (Trade Adjustment Assistance); which is intended to indirectly block the TPA (Trade Promotion Authority).

June 10, 2015
AGOA passed the House 397-32 under H.R. 1295, the Trade Preference Extension Act, which will now require reconciliation with the Senate version prior to Presidential signature.  Trade legislation vote expected TPA and TAA in House on Friday.  GSP to be retroactive & extended until Dec 31, 2017.

June 3, 2015
Air Manifest Transition to ACE:  ACS AMS shuts down on June 6, 2015.  The ACE will become the system of record for Air Manifests on June 7, 2015.     

May 26, 2015
Cert denied in Trek Leather/Shadadpuri case. CAFC decision upholding liability of corporate officers will stand.  

May 21, 2015
Prop 65: Aloe Vera and Goldenseal to be listed as carcinogens.

May 15, 2015
Customs announces Broker Known Importer Program (BKIP).  CSMS notice.

May 14, 2015
Senate passes AGOA, GSP, Haiti (H.R. 1295) and the Customs Reauthorization (H.R. 644).  H.R. 1295 includes tariff revisions for (1) Specialized Athletic Footwear and (2) Recreational Performance Outerwear.

May 13, 2015
The NYT discusses recent trade cases standing at the intersection of our 1st and 2nd Amendments.

May 12, 2015
Democrats block Obama's TPA; endanger TPP.

May 12, 2015
District Court in DC (Jae Shik Kim) builds on 9th Circuit precedent (Cotterman) invalidating comprehensive border search of laptop without reasonable suspicion. Follows Riley v California (2014) in which a cell phone search was invalidated.

May 12, 2015
WCO publishes the correlation tables relevant to the 2017 Tariff amendments.  

May 11, 2015
Following the ruling in the ACC case, the OEHHA adds bisphenol A (BPA) (CAS No. 80-05-7) to the Proposition 65 list.  Be aware that other restrictions exist, a non-exhaustive list includes: CA, CT, DE, MA, MD, ME, MN, NY, VT, WA, WI, the EC and France.

May 5, 2016

Resource Guide for the CA Transparency in Supply Chains Act

May 4, 2015
Simplified Processes on Post-Release: PHASE II  Summary released.   

May 1, 2015
Next ISF enforcement phase begins May 15:  penalty actions to be issued by local ports without HQ review and approval.  Also, ISF Webinar.

April 29, 2015
DoJ files suit against Michaels for CPSC violations and misleading statements.

April 24, 2015
Customs West Coast Symposium registration opens.  Location:Tacoma, WA.

April 23, 2015
Customs Reauthorization Bill markups approved by Senate Finance Committee. Also approved: 3 bills granting (1) Presidential TPA authority, (2) retroactive GSP, and (3) a 10 year AGOA renewal.  

April 17, 2015
China's State Administration on Tax (SAT) issues Circular 698 to crack down on tax avoidance strategies.

April 16, 2015
OEHHA to hold next Prop 65 Carcinogen Identification Meeting on Oct 14, 2015. 

April 12, 2015
Summary: ACE implementation, re: Nov 1 deadline.

April 10, 2015
FDA publishes REMS modifications for pharmaceutical industry.

April 3, 2015
The Fed publishes an academic paper discussing the magnified role of trade finance during times of financial instability.

April 2, 2015
USTR's 2015 NTE Report on Foreign Trade Barriers released today.

April 1, 2015
CSMS #15-000195 announces that 3 Centers for Excellence and Expertise (CEEs) will be delegated trade authority for post-entry release processes for applicable tariff lines at certain ports.

March 31, 2015
Customs announces a date and place (May 27/ Washington State) for the West Coast Trade Symposium.

March 30, 2015
CBP reminds that brokers should follow CSMS 15-000018 concerning ACE eBond issues to avoid entry rejections.

March 25, 2015
Record penalties ($232.7 Million) announced by the DoJ for company's violation of the U.S. sanctions of Iran and Sudan under the International Emergency Economic Powers Act (IEEPA).

March 24, 2015
Customs and Border Protection Commissioner R. Gil Kerlikowske discusses the accomplishments with trade in 2014.

March 15, 2015
CIT decision in JBLU holds that goods bearing marks pending trademark registration and having geographic references to "USA" do not qualify for the less stringent COO marking requirements of 19 CFR 134.47.

March 1, 2015
CIT decision in DigiDesign v. US impacts the classification analysis of 'units' of ADP machines.

February 23, 2015
Ovan Int'l, Ltd. v. United States: the CIT sets a higher bar to filing legally valid administrative protests.

February 20, 2015
Distillers subject to private suits for labeling violations ('prohibitive practices') pursuant to 21 C.F.R. 7.29.  California Unfair Competition claims also apply.

February 19, 2015
The President of the United States signs an executive order: STREAMLINING THE EXPORT/IMPORT PROCESS FOR AMERICA'S BUSINESSES. ITDS to be introduced in AES.

February 18, 2015
Mexico's licensing program expanded from footwear to additionally include textiles and apparel.

February 16, 2015
Kwo Lee v US: CIT grants injunction against CBP imposing heightened bonding where IOR had previously obtained a lower ADD rate under a New Shipper Review. 

February 13, 2015
The staggering impact of the west coast port's slow down.

February 12, 2015
Proposed amendments to Prop 65 would require specific labeling of a dirty dozen: acrylamide, arsenic, benzene, cadmium, carbon monoxide,
chlorinated tris, formaldehyde, hexavalent chromium, lead, mercury, methylene chloride, and phthalates.

February 11, 2015
COAC meets in San Francisco; broker bona fide issue still under discussion.

February 7, 2015
Aluminum Extrusions fraud results in prison sentences.

February 6, 2015
AD/CVD on Solar panels continued.  Summary article.

February 5, 2015
President of the PMA explains the context of labor west coast negotiations. 

February 4, 2015
Supreme Court holds that the "first sale" doctrine in copyright (this is not about customs valuation) applies to work produced abroad.  This reverses circuit court precedent to the benefit of "grey market" importers.  NYT summary.

January 26, 2015
F&WS publishes ITDS Notice and opens for volunteers.

January 20, 2015
Canadian Customs addresses price reductions in Notice 15-001; see background in Hudson Bay Co. v CBSA.

January 16, 2015
Impact of the port slowdown on imports and exports in the news.

January 15, 2015
ITC's change record, setting forth certain tariff changes effective since Jan 1, 2014.

January 11, 2015
Heather Jacobson's presentation to the Florida Bar: Import 101.

January 5, 2015
USTR explains aspirations of the Obama administration for the TPP.

January 3, 2015
Heather Jacobson presents an Import Law CLE program to the Florida Bar on January 12.

January 1, 2015
ITC gives notice of ADD/CVD investigations against melamine products from China and Trinidad and Tabago.

 

Archived 2014:

December 23, 2014
LA Updated Field Office Procedures for FDA Refused Merchandise.

December 20, 2014
President Obama opens diplomatic ties with Cuba, and eases travel and trade restrictions.  (For a history on the embargo, see this backgrounder by the Council of Foreign Relations.) 

December 19, 2014
OEHHA proposes to adopt Prop 65 No Significant Risk Level (NSRL) of 146 micrograms/day for diisononyl phthalate (DINP).

December 17, 2014
Todd Owen promoted to Assistant Commissioner of Field Operations. John Wagner named the permanent deputy assistant commissioner.

December 9, 2014
Heather Jacobson to train attorneys on "Import101" through MyLawCLE.com on January 12 in Orlando.

December 3, 2014
Joshua Kurland of the DOJ remarks that the CAFC decision in Trek Leather shouldn't result in a significant change in practice against middle managers and other "peripheral actors".

December 2, 2014
Considerations in Related Party Customs Valuation, American Conference Institute, San Francisco, Matt Nakachi 

Nov 22, 2014
OEHHA publishes comments received in response to proposed regulatory actions on Prop 65.

Nov 19, 2014
Decision in Paz v Ag Adriano Goldschmeid, Inc. et al (holding that California's "Made in USA"  law is not preempted by the federal law).  Decision appears to carve a safe labeling mechanism for goods “Made in U.S.A. of imported fabric and components.”

Nov 18, 2014
CBP CSMS 14-00598 on valid / invalid NAFTA Certificates of Origin.

Nov 10, 2014
US & China reach agreement paving the way forward for the expansion of the Information Technology Agreement (ITA).

Nov 7, 2014
Portwest seeks and obtains positive ruling on proposed first sale transactions.

Nov. 5, 2014
CBP's outreach webinar of Oct. 15 for importers and the trade community.  Note: All entries and entry summaries to be filed in ACE by Nov 1, 1015.

Nov 1, 2014
CBP Pipeline notice (Newark) on post importation claims for all preferential trade agreements.  Also see our prior posts on this subject (Aug 12 & Aug 21).

October 25, 2014
Matt Nakachi to speak to the Foreign Trade Association in November on Complex Valuation.

October 20, 2014
Judge Pogue issues preliminary injunction against CBP's STB requirement for an importer of Chinese Garlic.

October 15, 2014
Joel Junker one of a handful of respected attorneys invited by the Court to speak at the 18th Annual Judicial Conference in New York.

October 4, 2014
Russia terminated from the GSP.

October 2, 2014
Remarks of Asst. AG Leslie Caldwell (Criminal Division) at 22nd Annual Ethics & Compliance Conf.

September 29, 2014
Between Meridian Products LLC v. US, Slip Op 14-32, and Rubbermaid Commercial Prods. LLC v. U.S., Slip Op. 14-113, the scope of what constitutes a "finished good" under the Aluminum Extrusions order is unclear.

September 20, 2014
J&N presentation on the rising 'Era of Enforcement'

September 16, 2014
CAFC decision in Trek Leather provides liability under 1592(a) against a corporate owner for the "introduction" of goods.

September 14, 2014
Census interim final rule on FTR re: carnets, etc.

September 10, 2014
Custom's releases version 2.0 of the C-TPAT User Manual

September 8, 2014
New APHIS website allows paper filers to submit electronic Lacey Act declarations.

September 3, 2014

Read about the DOJ's False Claims Act case against Samsung for Origin violations.

August 28, 2014
CBP's ex-Internal Affairs Chief speaks openly on NPR on corruption.

August 21, 2014
CBP publishes side-by-side of FTA/preference programs inclusive of new 1520(d) guidance.

August 14, 2014
Government says its working on extension of Carnet exemption from EEI (which expires Oct 2).

August 12, 2014
Customs Policy on post-importation claims related to entries under Trade Preference Programs.

August 6, 2014
Actual text of Customs' draft revisions to First Sale ICP.

August 1, 2014
Stats from ITC report: 42 new AD and 14 new CV investigations in 2013.  Learn more about AD/CV from J&N in Seattle on August 12.

July 28, 2014
US & EU agree to escalate economic sanctions against Russia.

July 25, 2014
State Department's Passport database crashes.

July 21, 2014
US and Canada announce 'Beyond the Border Action Plan'

July 15, 2014
Riddell v. US: CAFC classifies football jerseys" under heading 6114, not as "football equipment" of 9506.

July 10, 2014
Customs updates classification ICP on tires

July 7, 2014
Matt Nakachi co-presents on Focused Assessments with Elizabeth Chiavetta (Director Audit; Policy HQ); Junichi Gondai (Auditor SF) and Alexander Ebarle (Asst. Field Director).

July 3, 2014
Customs proposes revocation of 67 rulings on textile costumes.

June 28, 2014
The 6th round of EU-US trade talks for the Transatlantic Trade and Investment Partnership (TTIP) begins in Brussels next month.  Read more about the TTIP.

June 24, 2014
FDA provides further guidance and on Nanotechnology. See FDA's fact sheet with links to all publications on the topic.

June 19, 2014
Supreme court rules of the patent eligibility of software in Alice Corp. v. CLS Bank International, 573 U.S. __, 134 S. Ct. 2347 (2014).  See, Wiki summary.

June 10, 2014
Port of SF: live entry requirements on fresh garlic.

June 2, 2014
FTC's complaint finds false statements of Origin in "TRULY MADE IN THE USA” claims.

May 27, 2014
Customs clarifies AGOA textile regulations.  79 FR 30355

May 15, 2014
CBP announces the addition of 3 additional agencies (FDA, FWS, NMFS) to the Commercial Targeting and Analysis Center (CTAC) in an effort to increase safety of US imports.

May 14, 2014
Matt Nakachi covers Federal Investigations at the CBFANC Attorney Roundtable event.

May 7, 2014
Matt Nakachi invited to discuss Trade Compliance in Mergers & Acquisitions at the WTI-NC. 

April 15, 2014
Sony v. US Mandate returns from CAFC.  Importers of digital cameras with dual video/still capability should contact Matt Nakachi.

April 2, 2014
FDA has released a new guidance on the labeling of honey and honey products. The agency reminds that honey is inspected for adulteration with cane or corn sugars, as well as, residues of chloramphenicol and fluoroquinolones. Comments are due by June 9, 2014. See: 79 Fed. Reg. 19620 (Apr. 9, 2014).

March 27, 2014
Court clarifies the finished goods scope exemption for Aluminum Extrusions from China. See, Meridian Products (CIT).

March 10, 2014
AD/CVD case in MSG from China results in some cases in retroactive duties in excess of 400%.

March 7, 2014  
Gil Kerlikowske confirmed as Commissioner of Customs; he holds an extensive law enforcement background, including 8 years as Seattle's Chief of Police and tenure as the US Drug Czar since 2009. He replaces acting Commissioner, Thomas S. Winkowski.

March 6, 2014
Customs budget 2015 request provides for an additional 2,000 officers.

March 1, 2014
Dodd-Frank difficulties exposed as IPIS report shows 200 mines in the Congo involved with the army and 265 others involved with armed militias.

Feb. 20, 2014
Executive Order to Simplify Government by Implementing ITDS by 2016.

Feb. 10, 2014
BIS Proposes to Reform Routed Export regulations.

Feb. 08, 2014
Court Decision Remands DOC to reconsider ADD Novelty Candle Exception.

Feb. 01, 2014
Declaratory judgement sought in auto export case.

 

 

Copyright 2014, 2015 Junker & Nakachi, P.C.  All rights reserved.

WTO agreement on Information Technology Agreement (ITA) provides for the staged expansion of duty free technology products.