Administrative Law

Ford Wins on NAFTA Jurisdiction

Posted on March 22, 2011
Ford Motor Company got a win out of the Court of Appeals for the Federal Circuit yesterday. Here is the opinion. I am still in Phoenix for ICPA, so I need to be quick about this.Basically, the case involved a 1520(d) post-entry claim. Ford made the claim within the one-year period but did not submit the required NAFTA certificates until after the one year period...

Export Conviction Upheld

Posted on March 18, 2011
Compliance people all understand that export controls law is almost impossibly complicated. It is hard to image a more complicated set of laws, especially when criminal enforcement is involved. But, is the law so complicated that it is unconstitutionally vague? That is the question the Ninth Circuit Court of Appeals addressed in United States v...

Protests Basics

Posted on March 17, 2011
Most importers and their customhouse brokers understand that an administrative protest is the vehicle by which importers challenge many (but not all) decision by Customs. Often, protests are treated as routine administrative documents. In a classification case, it is not uncommon to see protests that say "Customs classified the gizmo as X and it should be Y, so please reliquidate...

See You at ICPA

Posted on March 15, 2011
Anyone headed to Phoenix for the ICPA meeting next week should come by to say hello. I will be hanging around the Barnes, Richardson & Colburn table (booth 16) between sessions. I am also speaking at a Monday session. Looking forward to seeing everyone.

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Zune Humor

Posted on March 11, 2011
It's been a long while since I posted anything completely off topic, so bear with me.I'm a Zune guy. Not the fancy HD version and not with functionality built into a Windows Phone. No, I have a first generation, 120 GB, big old Zune. It sounds great, holds more content than I will ever need, and works just fine...

Laptop Search Snags Secrets

Posted on March 09, 2011
This, ladies and gentlemen, is why Customs and Border Protection searches laptops and other digital media. I'm not saying I agree with the current state of the law on this topic. I am particularly worried about maintaining privilege and the very person nature of some of the information on digital devices...

Making Headway Under CITES

Posted on March 07, 2011
The WCO is reporting good results from a transregional effort to stem the illegal trade in species protected by the Convention on the International Traffic in Endangered Species. According to the report the effort:resulted in the seizure of more than 22 tonnes and 13 000 pieces of protected wildlife covering over 31 species, including one live monkey (?Macaca sylvanus? species), two dead monkeys (bushmeat of the Macaques species), 295 pieces of ivory (statues, jewellery, chopsticks, etc...

Lacey Act Sentencing

Posted on March 03, 2011
Of all the things compliance people need to worry about, the Lacey Act is one of the craziest. Not that it is not an important and valuable law. As originally drafted, it was intended to prevent poaching of wild game and is used to enforce laws against trafficking in endangered species...

News You Might Want

Posted on February 26, 2011
Been slow on the news front. Here are some things that crossed my virtual desk recently:Customs and Border Protection has July 17th as the date it will start enforcing that rule that any bulk residue in instruments of international traffic entering the U...

Hold the Mayo

Posted on February 16, 2011
Occasionally, and usually without knowing it, the Supreme Court has something to say that might affect customs lawyers and their clients. Mayo Foundation v. United States might be one of those occasions.The issue at the front of the case was whether medical residents are "students" for purposes of the Federal Insurance Contributions Act, or FICA...

Another Delayed Protest Case

Posted on February 15, 2011
The Court of International Trade has issued another decision in a case brought by a frustrated importer waiting too long for a protest decision from Customs and Border Protection. The case is Norman G. Jensen, Inc. v. United States. After waiting more than two years for a protest decision, Jensen went to the CIT seeking a writ of mandamus ordering Customs to act on the protests...

That's a Trebuchet

Posted on January 27, 2011
It's been a while since I blogged about a simple drug smuggling scheme. Generally, I am happy to report, I work with commercial importers. Only rarely have I had to call in a criminal lawyer for help. Still, this is a border issue, and it counts as amusing, at least to me...

(e) Jurisdiction: Let the Flood Gates Open

Posted on January 25, 2011
The Court of International Trade is, like all federal courts, a court of special and limited jurisdiction--just more so. If a case does not fall within the scope of 28 USC 1581-84, the CIT has no power to hear it. Some of the provisions of section 1581 have been effectively dormant...

By Request: It's OK to Say "No NAFTA"

Posted on January 22, 2011
So far, I have not done very well at following my resolution to post more often in 2011. So, I will respond to a specific request for a post. This request comes from someone who has quite reasonably decided not to issue meaningless NAFTA certificates in the ordinary course...

Caviar Redux

Posted on January 13, 2011
Way back in the early days of this blog, when I was funny, I covered the U.S. ban on certain types of caviar. The Fish & Wildlife Service would like you all to know that the ban applies, in certain circumstances, to cruise ships and international passenger aircraft...

Beta Test, or, Color Me Orange

Posted on January 07, 2011
Roche Vitamins, Inc. v. United States is a Court of International Trade opinion on the classification of a beta-carotene product. The tricky thing about beta-carotene is that is can be used as a dietary supplement (as a precursor for vitamin A) or a a colorant that produces a lovely carrot color...

Riddle Me This

Posted on January 07, 2011
The regulations regarding the export of encryption software are among the most convoluted in the trade world. The problem is not so much that the regulations are poorly written. The problem is that the technology is complicated and the average trade person does not necessarily have the expertise needed to interpret the regulations...

Pigeon Eggs from Cuba Lacey Act Violation

Posted on January 04, 2011
Here is a link to a Department of Justice press release noting the guilty plea of two Miami men charged with violations of the Lacey Act. Specifically, they smuggled pigeon eggs into the US from Cuba. Note that this raises all kinds of other Cuba-embargo-related questions, but that is not the substance of the charge...

GSP Instructions

Posted on January 04, 2011
As you probably know, Congress could not get its act together to pass an extension of GSP before the end of 2010. That means that merchandise that might otherwise have been duty-free is now forced to entry the U.S. dutiable. This is not an unusual circumstance...

Pre-Break Update

Posted on December 19, 2010
I am going to be off the grid next week (more or less). So, to keep everyone happy while I am gone, here are some things to contemplate:The House passed its Omnibus Trade Act of 2010 on December 15. The bills contains an 18-month extension of GSP and an 18-month extension of ATPA/ATPDEA but only for Ecuador and Colombia, not for Peru...

Costco: Tie Goes to the Circuit Court

Posted on December 13, 2010
The Supreme Court has decided the Costco grey market Omega watch case. We discussed that earlier here. Unfortunately for those seeking clarity, the case was "decided" by an eight-judge panel. Newest Justice Kagan was excluded because she worked on the case at the Justice Department...

Pleading

Posted on December 10, 2010
I have never intended this blog to be nothing more than a repository of case law from the Court of International Trade and the Court of Appeals for the Federal Circuit. My goal is that this blog serves as a place to find analysis of developments in the area of customs law and compliance...

On the Horizon

Posted on December 10, 2010
The Court of Appeals for the Federal Circuit has decided the appeal in Horizon Lines v. United States. Interestingly, the CAFC affirmed the Court of International Trade but found that the lower court had committed harmless error in its legal analysis...

Slow News Edition

Posted on December 02, 2010
It looks like imports from Canada will be subject to the same requirements for fumigating or heat treating wood packing materials that apply to the rest of the world. FR Notice.Also, the ITC report on modifying the tariff treatment of certain festive articles has been delayed until December 13...

Speaking Of . . . .

Posted on November 23, 2010
Not a half hour after posting about the tiger trade, I saw this press release concerning illegal trafficking in sperm whale teeth and narwhal tusks. The conviction includes a count for violating the Lacey Act.That is up to 20 years in prison and $250,000 in fines...

WCO Announces Tiger Trade Cooperation

Posted on November 23, 2010
Long-time readers of this blog know I am interested in the illegal trade in animals. Usually, that manifests itself in posting articles about some guy arrested with 20 turtles in his pants or some similar oddity. Despite the News of the Weird aspects of it, the illegal trade in animals is an important issue...

Judicial Conference in a Nutshell

Posted on November 20, 2010
I always enjoy the Court of International Trade Judicial Conference, and the most recent edition was no exception. Granted, a lot of the personal enjoyment comes from having the opportunity to see friends and colleagues. But, there is plenty of substance to be absorbed as well...

The Primrose Path to Default

Posted on November 10, 2010
Pleading continues to be an issue in Court of International Trade litigation. In any other Court, that would not merit a comment. However, in the last two years or so, the CIT has issued several decisions focused on pleading, and that is a change from prior years...

When is Painting Repair?

Posted on November 05, 2010
Those of you who know me , also know that I spent (and unfortunately continue to spend) a lot of time of a single issue involving the tariff treatment is painting as an operation incidental to assembly under HTSUS item 9802.00.80. So, paint-related issues always catch my eye...

Pop Quiz: Counterfeit?

Posted on November 04, 2010
Customs plays an important role in preventing the importation of merchandise that infringes U.S.-held intellectual property rights. That is an important job for the economy as well as for the health and safety of the public. You can usually be pretty certain that a company that is willing to rip off a brand name trademark is not too scrupulous about health and safety requirements...

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