Administrative Law
Customs Law 
Semi-random postings on the state of American customs and trade law, bicycle commuting, technology, the news and whatever else strikes my fancy.
Post Frequency: 9.2/day Last Entry: November 17, 2009 at 10:57:00 Recent Entries: 276
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Seventh Circuit on ITAR
Posted on November 17, 2009Sometimes it takes a while for things to actually hit the front of my brain. Such is the case with a June 2009 decision of the Seventh Circuit Court of Appeals involving an appeal from a criminal conviction under ITAR. In the spirit of "better late than never," here is a summary of U...
Trademark Lawyer FOIA Suit
Posted on November 10, 2009Here is an interesting footnote to my recent post on Customs and Border Protection's enforcement of intellectual property rights.First, I received an e-mail from some well-respected customs lawyers expressing concerns over Customs' enforcement. The concerns included the timing of infringement decisions and, surprisingly, the fact that Customs' has seized legitimate merchandise bearing registered a trademark on the theory that the registered trademark infringed another registered trademark...
Off Topic: I hate musicals . . . usually.
Posted on November 08, 2009It has been a while since I have done a purely off-topic post. For purposes of efficiency and recognizing that most visitors to this blog are looking for specific and useful information, I have avoided the "whatever strikes my fancy" kind of post. Facebook has also given me a more appropriate outlet for those topics...
Cruising to Prison
Posted on November 07, 2009I'm only posting this link because I know there continues to be interest in the policy questions surrounding Customs and Border Protection warrantless searches of electronic storage devices such as laptops and phones.This guy was pulled from the customs line following a cruise...
New IPR Bond
Posted on November 06, 2009Customs and Border Protection has established a new continuous bond category for intellectual property rights holders to use to secure the release of samples of allegedly infringing merchandise. This will simplify the process of getting samples for analysis for companies that often work with CBP to interdict counterfeits or infringing merchandise...
No Transfer in License Revocation Case
Posted on November 04, 2009The Court of International Trade has once again dashed the hopes of Arthur Schick to regain his customhouse broker?s license without re-applying for a license from scratch. I previously reported on Mr. Schick?s plight. He had his license summarily revoked after failing, due to illness, to file his triennial status report as required by 19 U...
Miami 2009 & DiCarlo Lecture
Posted on October 28, 2009I know this is short notice, but if anyone is going to be in Miami tomorrow for the ABA Section of International Law Fall Meeting, please say hello to me. I will be helping to moderate a panel on transfer price for customs and income tax Thursday at 8:30 AM...
Page Slap
Posted on October 22, 2009It's been a pretty busy couple of weeks and will continue to be. Earlier this week, I participated as co-counsel for the plaintiff in a mock trial sponsored by the Customs and International Trade Bar Association. The trial went reasonably well, although I was surprised by a document I created on which I failed to check the math...
Preference Criterion What?
Posted on October 16, 2009Recently, I answered a question posted on the ICPA listserv. The question was interesting enough that I will review the substance of it here.Most people generally think of the NAFTA preferences in terms of criteria A through D. These cover the vast majority of compliance issues with B being the leader...
Can the CIT Review What Customs Reviews?
Posted on October 14, 2009This is a tricky question that was answered in Funai Electric Co. v. United States.The underlying issue has to do with a determination by the International Trade Commission that certain imported digital televisions infringed a U.S. patent. As a result, the ITC issued an exclusion order requiring Customs and Border Protection to prohibit entry of the infringing televisions...
My Service To You
Posted on October 12, 2009I read Rodrogue, so you don't have to.United States v. Rodrogue involves a technical issue in which the United States attempted to cure defective service on the defendant. Service is the means by which a defendant is notified of a claim against it. If service is not made properly, the Court does not have jurisdiction...
Update: News of the Wierd
Posted on October 06, 2009Back in August on 2008, I blogged the story of a customs broker who was being investigated after having gone to the Federal Reserve to turn in some battered currency for clean new money. According to the original story, the money was found in Mexico.Yesterday, the Washington Post ran an update on the story...
Epilogue: The Wrath of Kahrs
Posted on October 01, 2009We are in the final stretch. I hope this is the last post on this case.Kahrs's (grammar note: that looks awful) final argument has to do with 19 USC 1625 and the rule that once Customs has issued an interpretive ruling or settled on a uniform treatment of merchandise, it has to respect that practice...
On the Apostrophe
Posted on September 30, 2009Garner's The Elements of Legal Style, Rule 2.6 (Oxford, 1991)(emphasis in original) states the following:2.6 Form Singular Possessives by Adding 's to the Singular Form of the NounThe rules holds true regardless of how the word ends: thus, witness's, Jones's, Congress's, and testatrix's...
Kahrs III: What Have I Done Wrong?
Posted on September 29, 2009Here I sit, painfully aware of my promise to my loyal readers to digest and summarize this Court of International Trade decision in a way that is both accurate and entertaining (well, entertaining to customs lawyers). The opinion is a dry 88 pages long...
And Now, A Word from the CAFC
Posted on September 26, 2009Before I get to Kahrs III: The Search for Refunds, I want to take a look at Faus Group, Inc. v. U.S., which the Federal Circuit issued yesterday. There are a number of reasons for that. First, Faus is short. Second, it's brevity seems to raise something of an issue...
New Commissioner Nominated
Posted on September 23, 2009President Obama has finally nominated Alan Bersin to serve at Commissioner of Customs and Border Protection. Here is his official bio:Alan Bersin was appointed by Homeland Security Secretary Napolitano in April, 2009 as Assistant Secretary for International Affairs and Special Representative for Border Affairs in the Department of Homeland Security (DHS)...
Kahrs II: Revenge of the Import Specialst
Posted on September 23, 2009Returning now to the saga of Kahrs International, we have some more evidence questions to resolve. Before that, and with all due respect to the guy who complained about my Audi post, I say, "Hey Kahrs, nice floors you have there." I notice only because my kitchen floor is a wreck...
Deem It All!
Posted on September 22, 2009This post is really background to the next couple posts.The Court of International Trade is not known for disputes over discovery or the admissibility of evidence. But, if you want to see a customs case involving hard-fought battles over evidence, look no further than Kahrs International v...
Dear Audi, Why?
Posted on September 19, 2009As a far too occasional bike commuter, I feel I should be offended by this ad for the Audi diesel. Audi seems intent on lumping bike commuters, strap hangers, and Segway owners into a larger category of nerds and losers. Of course, only the kick-scooter commuters belong there...
FCPA Goes Hollywood
Posted on September 17, 2009Here is a little something for those of you out there trying to convince management that compliance is worthwhile. Some folks in Hollywood were apparently not paying attention to the Foreign Corrupt Practices Act. It seems they decided that the best way to get the contract to run the Bangkok Film Festival was to bride the relevant governmental official to the tune of $1...
Residue and Tires
Posted on September 14, 2009On the regulatory front, Customs and Border Protection is delaying enforcement of the rule requiring the entry of previously considered empty containers if there is residue in the container. For now, they can be treated as empty. The implementation of this change is delayed until further notice...
Classification Case
Posted on September 09, 2009Generally, I worry about any court opinion that requires its own table of contents, but in my effort to fill the gaps in my recent blogging, I will jump into ENI Technologies v. United States.The merchandise involved is RF generators that take AC electricity, convert it to DC and then produce electrical current at specific frequencies and power...
Starting to Catch Up
Posted on September 08, 2009I have not been able to devote much time to detailed analysis lately. I hope those of you able to access it have been keeping up with developments via www.twitter.com/customslawblog. For what it's worth, I'll start the process of catching up here.On September 2, the President published a notice of changes to the NAFTA Rules of Origin and to the U...
I Have A Blog?
Posted on September 04, 2009Dear Readers:Yes, it's true, I have a blog and the self-imposed responsibility to keeping my readers informed of important developments relating to customs and international trade law and to pass on various amusing anecdotes. The problem is that I also have a job...
News on the Laptop Seaarch Front
Posted on August 31, 2009There has been activity in DHS on Customs and Border Protection policy regarding laptop searches. First, I tweeted a while back that the ACLU has sued Homeland Security for access to records regarding the searches.On August 18, 2009 Immigration and Customs Enforcement issued a directive (7-1...
I am NOT a Collections Lawyer
Posted on August 29, 2009There are lots of legal specialties. There are space lawyers, oil and gas lawyers, internet lawyers, and customs lawyers. There are also collection lawyers. These are the people you go to when you are having trouble collecting on a debt. They work for banks and other creditors...
Note to Rita Moreno: You are an American!
Posted on August 29, 2009In West Side Story, the Puerto Rican character Anita (played by Ms. Moreno) sings that she wants to be an American (in mixed 6/8 3/4 time). It turns out that she is. At least as far as the U.S. Court of International Trade is concerned.OK, maybe that is an over statement...
Don't Do the Crime . . . .
Posted on August 25, 2009Entrapment is a funny legal concept. People who feel that they got a ticket or were arrested when the police used unsporting means often claim entrapment. But, hiding a police car behind a hedge to catch speeders is not entrapment in the technical sense...
Going Incognito
Posted on August 17, 2009I'll be unbloggable for the remainder of the week. Just to make sure you miss me, I'll leave you with these bits of interesting information to discuss among yourselves.First, I will not be doing an analysis of Depersia v. U.S. I've talked about broker license exam appeals before and there is not much to say...
CAFC Remands Broker Penalty Case
Posted on August 13, 2009On August 11, the Federal Circuit issued an opinion in UPS Customhouse Brokerage. We have covered this case a number of times including here, here, and here. The really interesting question in UPS is whether there is a statutory limitation on the penalties that can be assessed against brokers...
A Lesson on AGOA
Posted on August 11, 2009Getting Customs and Border Protection to accept a claim for duty-free entry under the African Growth and Opportunity Act is becoming a tough task for your local customs lawyer. That is easily seen in Polly U.S.A. v. United States, a recent decision of the Court of International Trade...
Warning: This Blog Looks Spammy
Posted on August 06, 2009I received a notice from Blogger today that this blog has been flagged as spam. According to Blogger, spam blogs have certain similar characteristics including: "irrelevant, repetitive, or nonsensical text, along with a large number of links, usually all pointing to a single site...
A Cry for Help (Amended)
Posted on August 05, 2009Note: I cleaned this up a bit for clarity and to eliminate evidence of my poor typing skills.An anonymous commenter asked for an explanation of the difference between NAFTA marking, NAFTA originating, and origination for purposes of government procurement...
In My Head Today
Posted on July 29, 2009Chicago is an absolutely great city for bike commuting. I rode 20 miles today and do not think I changed gears once. Take that San Francisco! It was about 65 and sunny when I left my house and I had a tail wind most of the way. Locals should note, Lawrence is a mess between California and Western...
NAFTA Marking Ruling
Posted on July 27, 2009NAFTA marking issues are complicated. One problem is that people tend not to focus on the marking regulations. They seem to think that once they have determined whether the item is originating, they are done. Often, the marking is obvious, but sometimes it is not...
What's an iPod?
Posted on July 24, 2009With all due respect to Apple, I'm a Zune guy. I am perfectly happy with the hardware and have to say that I find the software far more friendly than iTunes, particularly when it comes to managing my long list of podcasts. It seems cnet agrees.But, I digress...
Quoted on Windy Pundit
Posted on July 24, 2009Mark Draugh of local blog Windy Pundit did a nice rant about Customs and Border Protection's authority to seize a laptop at the border and mused about what happens if the hard drive is encrypted. In response, I sent an e-mail explaining how that could break bad for the owner of the laptop...
ISF Penalty Mitigation Guildlines
Posted on July 17, 2009I have been working on a fascinating off-topic post involving popular music, technology, and quantum physics. Instead of that, you get Guidelines for the Assessment and Cancellation of Claims for Liquidated Damages for Failure to Comply with the Vessel Stow Plan, Container Status Message, and Importer Security Filing Requirements...
New FAQ on Wood Packing Material
Posted on July 15, 2009This is one of those things that only customs geeks, logistics jocks, and entomologists would ever think about: pests in wood packing materials. In any warehouse, you are likely to find wooden pallets and crates. The buyer of whatever came on or in that material rarely cares one whit about the packing material...
China Tires Remedy
Posted on July 15, 2009The International Trade Commission has proposed a remedy in the safeguard case involving tires from China. This case arises under the safeguards provisions of China's WTO accession agreement. The ITC is proposing that the U.S. impose 55% duties in the first year of the remedy, 45% in the second year, and 35% in the third...
Knife Fight Part II: The Senate Cuts In
Posted on July 14, 2009Boy, Customs can't seem to catch a break. This issue about the treatment of assisted opening knives probably struck Customs and Border Protection as another simple ruling revocation of which no one would take note. Turns out, that is not the case.Now, the Senate has stepped in with an amendment to some a Homeland Security appropriations bill...
Where is My Honey From?
Posted on July 08, 2009Sorry to the grammar geeks for ending the title with a preposition. "From where is my honey," did not seem to work.The US Department of Agriculture is announcing a new rule requiring that honey bearing a USDA grade label or other USDA certification mark also be marked with its country of origin...
What's Happening Here?
Posted on July 08, 2009Last I heard, U.S. Customs and Border Protection was trying to impose penalties against Union Pacific for what Customs considered to be lax security relating to trains entering from Mexico. In July, 2008, UP filed a suit trying to avoid the penalty by pointing out that the trains were under CBP control, not UP's...
Pannier Update
Posted on July 07, 2009By far, the most widely read and commented upon post in the history of this blog is one in which I fretted about the choice between pannier bags and a messenger bag to tote things to work when I ride my bike. I have often been asked what I decided to do...
Knife Fight
Posted on July 07, 2009UPDATED AT BOTTOMI have been avoiding this issue because I did not think many people would actually care. But, in terms of the popular press (AKA the MSM), it seems to be the customs-related story of the moment.Knife lovers beware, Customs and Border Protection wants to treat certain pocket knives that open via a spring or other assisted release mechanism as switchblades...
Morning News
Posted on July 07, 2009The Office of the USTR has ask for WTO consultations on Chinese policies limiting the export of various forms of bauxite, coke fluorspar, and other minerals. Bauxite is an important industrial material in that it is the basic form of aluminum ore. Coke is a coal-derived fuel that is useful, among other things, in the smelting of iron...
Twitter is Killing Me
Posted on July 06, 2009OK, I have bad news for the Twitter side: I like my blog and my blog readers like me. I'm having a hard time balancing both. In the morning, I scour my usual sources to look for items to tweet. In the past, those would have been blog fodder. Well, they need to be again...
CPSC Activity and Big Bugs
Posted on July 01, 2009Here are some things I need to get off my desk before they are too old to be of use to you.On June 29, the CPSC published a Federal Register Notice proposing a rule to implement the requirements for consumer registration of durable infant or toddler products...
New from the Wild West
Posted on June 26, 2009I tweeted this story (see my problem?) but it was recently tipped to me from another lawyer, so I'll give it some coverage here.It seems that Jesus Argandona has been sentenced to a year in prison and a $200,000 fine. His offense: arranging the illegal export of $600,000 in blank CDs into Mexico...
Master of My Domains
Posted on June 24, 2009I'm starting to wonder about what belongs on this blog. For that, you can blame Twitter.I find I am posting the odd bits of customs related news here because I can toss off a tweet about it just as efficiently. If you're not following me, I'm at www...
Gilda Toasts US in Court
Posted on June 24, 2009Gilda Industries v. U.S. has been going on for a while now. The underlying issue is whether the U.S. properly assessed retaliatory duties on Gilda's imported toasted breads as part of the EC-Beef Hormones dispute. In this version of the case, Gilda is claiming that the authority to impose those duties expired in 2007 and it wants a refund of duties it improperly paid...
Late News: Canada Rulings/Tire Decision
Posted on June 19, 2009At the moment, I am continuing my tour of places called St. John. St. John, USVI, is one of my very favorite places on the planet. A few years ago, I was thrilled to get an invitation from the CBA to speak in Saint John's and only slighted disappointed to discover it was not the Caribbean Bar but the Canadian Bar talking about a meeting in St...
Questions Predominate in HTSUS Classification
Posted on June 16, 2009Value Vinyls, Inc. is an interesting classification case in that it all turns on the meaning of one word. As Groucho might say, it's a simple word you hear every day (well maybe not every day). The word in question is "predominate." Specifically, item 3921...
Quick Updates
Posted on June 12, 2009While I hate to do this, I also know that I don't have time to blog all these stories. Plus, there is no reason for me to summarize what is easily digested. So, here is a page slap. Feel free to complain in the comments.The fight to bear knives continues...
Sometimes, it's Just a Screw
Posted on June 11, 2009I started my career in as a customs lawyer under the old Tariff Schedule of the United States, before anything was Harmonized. Under the TSUS, it was a common and legally sound argument that merchandise could not be classified in a heading if it was "more than" what that heading describes...
Heartland Retroactive
Posted on June 11, 2009Heartland By-Products is a case that has generated more controversy and new law than most.To make sense of what follows, you need to understand how appeals work at the Court of Appeals for the Federal Circuit. After all the briefing and oral arguments, the CAFC announces its decision, usually in a written opinion...
Small Business Trade Bill
Posted on June 09, 2009The Chair of the Senate's Committee on Small Business has introduced the Small Business International Trade Enhancements Act of 2009. So far, I can't find the text on line, but the link goes to the Committee press release. This link should work when the text is available...
Lots of Legislation
Posted on June 06, 2009There are a few things making their way through Congress that might be of interest. H.R. 2355 MOVEMENT ActFirst of all, how hard does Congress work to come up with these catchy acronyms? This one is the Making Opportunities Via Efficient and More Effective National Transportation Act of 2009...
Counterfeits Transitting Alaska Seized in Mexico
Posted on June 01, 2009Here's an involved story.It seems a ship arrived in Alaska with three containers of shoes from Hong Kong headed for Guatemala and Nicaragua via Mexico. The shoes were not to be taken from the ship in the U.S., which makes them FROB (Freight Remaining on Board)...
Where's My Casket From?
Posted on June 01, 2009That's a rhetorical question, because I don't care. Whatever box my family puts me in will be just fine. And, just so you see where I am headed, it strikes me that the dearly departed is the ultimate consumer of the casket.In the May 29 Bulletin (see page 72), Customs and Border Protection revoked prior rulings on the country of origin marking of burial caskets...
I'm a "Must Read" Blogger
Posted on June 01, 2009The 3 Geeks and a Law Blog put together an early list of "must read" blog posts of 2009. I made the list twice, at number 40 and and number 64 for my musings on what to look for in a new Commission of Customs and Border Protection and on C-TPAT marketing...
House Action to Modern Export Controls
Posted on May 26, 2009On May 20, the House Foreign Affairs Committee passed legislation that, in part, would modernize U.S. export control policy. The bill seeks to both improve national security and also permit more defense-related foreign sales. The bill also seeks to eliminate the backlog of pending State Department license applications...
Lawyer Down, Call 911
Posted on May 21, 2009I road my bike to work today. It was a nice ride in, even though I am still not going from garage to garage. Here's what today's route looks like according to the cool tools at Bicycling.com. The numbers are mile markers.Everything went smoothly until I got to the actual bike room in my building...
No Going Back for HMT, MPF Drawback
Posted on May 19, 2009This is sort of a follow up to the American Petroleum Institute meeting at which I covered case law developments of note to the industry. At the meeting Bobby (and you all know Bobby who) talked about the then-pending in the Federal Circuit case Aectra Refining & Marketing v...
Salmon Case Continues Upstream Battle
Posted on May 15, 2009The effort to force Customs and Border Protection to enforce the requirements of the Endangered Species Act with respect to certain salmon imported from Canada has been a tough swim upstream against a swift procedural current. [Note to self: no more extended metaphors...
Ship Repairs Are Merchandise
Posted on May 15, 2009This for for all you carriers, ship owners, and yachters out there.General practice and business lawyers often overlook customs and trade law as a practice area. Even those in the practice think of it as a narrow field. But, an odd thing about customs and trade law is that even within the narrow confines of the practice, there are sub-specialties...
Yacht Needs a New Decorator
Posted on May 14, 2009I realize that I have been light on substance of late. I blame a lack of particularly interesting news. I do have a court case or two to blog. Plus, I am mulling over whether I think it is a good idea to set up a prior disclosure process for importers of goods violating U...
That's Not Good for the Resume
Posted on May 13, 2009Times are tough. If you are lucky enough to be starting a new job, a really bad way to make a first impression is to get arrested on the way to work. It's worse if you are arrested allegedly trying to smuggle business-related material into the United States...
Trade-Related Indictments
Posted on May 07, 2009Here is every honest importer's nightmare: indictments for trade related activities. While we owe these soon-to-be defendants the presumption of innocence, let's be clear about the fact that these were not your work-a-day importers.Qi Gui Nie of Charlotte, North Carolina is the winner of the most recent indictment under the Lacey Act...
Is the Court of International Trade in a Bind(er)?
Posted on May 04, 2009Sorry, I feel like I am on a stupid-title roll.Here is another classification decision form the CIT. It's one of those cases where there is a lot of history that makes the decision more complicated than it really should have been. The case is Global Sourcing Group v...
Has the Court of International Trade Gone Nuts?
Posted on May 04, 2009No. I just say that to amuse the 12-year old boy inside me. In reality, the Court did issue an opinion on the classification of Mrs. May's All Natural Almond Crunch, which is made in China from California almonds. The almonds are sent to China for various processes including sorting, roasting, and combining with other ingredients for make the crunch...
UPDATE: Supreme Court Acts on FCC Fines
Posted on May 04, 2009This really does not belong on this blog. However, I previously blogged about the core administrative analysis in the Third Circuit's decision tossing out the FCC penalty against CBS for the famous wardrobe malfunction. Well, by way of update, the Supreme Court has ruled that the Third Circuit is wrong and that the FCC acted within its power when it changed its enforcement policy...
The Winkowski Job
Posted on April 29, 2009FYI, if you get an e-mail from Assistance Commission of Customs and Border Protection Thomas Winkowski stating that CBP intercepted a diplomat carrying a sack of money consisting of your inheritance from a long-lost (and apparently foreign) relative, press delete...
Second Front on Mexico Trucks
Posted on April 29, 2009A Mexican truckers association has filed a claim under Chapter 11 of the NAFTA seeking damages for the U.S. failure to open its market to Mexico-domiciled truckers. The original notice of a demand for arbitration was filed April 2, 2009. [Tip to Todd at www...
CVD for Vietman?
Posted on April 27, 2009Historically, countervailing duties were not applied to so-called "non-market economies." Basically, NME's are communist or socialist countries where the economy is centrally controlled rather than acting at the whims of the marketplace as it usually does in free-market economies...
Is it Time for a New GSP?
Posted on April 24, 2009Several organizations ranging from non-governmental relief agencies to retailers have written to USTR Ron Kirk suggesting first that the USTR pursue early renewals for all U.S. unilateral preferences to support the world's poorest countries. The letter also suggests that the Generalized System of Preferences and other unilateral trade programs such as AGOA be combined into one simple, unified preference program for all developing countries that meet clear eligibility standards...
My Ironic Carbon Footprint
Posted on April 24, 2009Today, for the first time this year, I rode my bike to work. Well, sort of.I haven't been great about getting exercise in the now officially over off season. So, I was leery of just heading out of my garage for the office. From door to desk, it is 20 miles...
No New NAFTA Negotiations
Posted on April 23, 2009I think I already tweeted this (www.twitter.com/customslawblog). I'm finding it difficult to figure out what to blog and what to just tweet. Tweets are more toss-off little items that don't merit a blog post. On the other hand, sometimes a simple link to some news item is important and should get a blog post...
NYT: Drugs in the FAST Lane
Posted on April 23, 2009Another example of a shipment of illegal drugs from Mexico coming through via the Free And Secure Trade channels. These are important examples of two things. First, CBP being alert and doing its job by finding these attempts at smuggling. Second, the fact that ultimately C-TPAT, FAST, and other trusted shipper programs depend upon people...
Overdue Updates
Posted on April 22, 2009I promised to get back to you on two things that I did not do. I've been criticized in blog comments before for this, and I realize I should be careful about it. On the other hand, it is my blog and sometimes I lose interest in something.I have updated my post on the decision regarding the Byrd Amendment by adding a comment summarizing the dissenter's analysis...
Value Adjsutment Case
Posted on April 18, 2009I like the tenacity of VW in working on its efforts to get value adjustments for defective cars imported into the U.S. There have been several cases on this, including cases by Saab as well. The general theory makes lots of sense. If VW, Saab, or anyone else, contracts to purchase defect free cars and pays a set amount for them, but later finds out that the cars had defects, then the importer overpaid...
NAFTA Ruling
Posted on April 18, 2009I saw a couple rulings this week that I think are interesting, so I will pass them on. Plus, I feel like it's been too long since I posted and that makes me think you are all off reading some other customs blogs. I guess I am very insecure.The first ruling is HQ H044166 (1/23/2009)...
Last Thing
Posted on April 18, 2009Three posts in one night! I am trying to make up with you.I don't have the details on this because the ruling seems to be unpublished as of today. But, I know I read a summary in the Customs Record. Look for H019364. The issue is whether the toys put inside boxes of cereal have to have their country of origin marked on them...
Suit Filed Against Sureties
Posted on April 13, 2009This is too interesting to wait for me to digest it. On April 10, an 82 page complaint was filed in an attempt to start a class action in the Court of International Trade. The complaint alleges that several sureties negligently issued bonds in antidumping new shipper reviews to companies that were thinly capitalized and otherwise not likely to pay...
Commercial Shipment of Pot
Posted on April 13, 2009This story was tipped to me from a couple sources in response to my previous post about how C-TPAT is being marketed wrong. I'll give the nod to the Blog Man O' Law for the link. The article shows that yes, indeed, smuggling happens in commercial shipments...
Customs News of the Weird
Posted on April 01, 2009Who bothers to smuggle bouillon? I don't mean gold bullion, I mean chicken bouillon. The answer is: The same kind of person who makes their own soap and hides a dead bird in it.Here's the story.
More on the UP Case
Posted on April 01, 2009Here is an interesting article from JOC on the continuing effort by the United States to assess penalties against Union Pacific for its alleged negligence in allowing contraband to be smuggled into the U.S. via its trains from Mexico.The theory is that UP is transmitting manifest data to Customs and that the manifest data is often wrong due to the fact that it fails to disclose the illegal drugs that UP does not even know are there...
Frozen River
Posted on March 31, 2009News out of Sault Ste Marie: The river is thawing and it is no longer an appropriate way to enter the United States on snowmobile via Drummond Island. And I though that only happened in the movies.
CAFC Decision in Double Invoicing Case
Posted on March 30, 2009The Federal Circuit has issued a decision on the merits in United States v. Inn Foods, Inc. There had been a previous decision on jurisdiction, which was followed by a trial at the Court of International Trade and then this appeal on the substance.The initial issue is whether Inn Foods' invoicing practice amounts to fraud...
CAFC Rules on Soybean Residue
Posted on March 28, 2009In law school, my Torts professor told me that "He who fails to toot his own horn will go untooted." I can't remember the context, but it applies to what follows.The Federal Circuit has decided Archer Daniels Midland v. U.S. and reversed the Court of International Trade on the classification of a material known as deodorizer distillate or DOD...
Gary Locke is new Sec. of Commerce
Posted on March 25, 2009FYI, the Senate has confirmed former Washington governor Gary Locke to be the new Secretary of Commerce. Antidumping lawyers, please update your pleading templates. Here is the official notice.
They Play Rough in Cincinnati
Posted on March 25, 2009Someone in Cincinnati is peeved. Customs and Border Protection has seized a shipment of guns improperly labeled as "toys." The shipment contained 60 functional shot guns and 177 pistols that are capable of only firing blanks. If those pass for toys in Cincinnati, that town is far rougher than I had thought...
Sailing + Trade in One Post!
Posted on March 25, 2009When I go sailing, the only border I cross is between Illinois and Wisconsin. Sailors in Florida have far more options that require worrying about customs and trade issue. Yesterday, I was quoted in the Sarasota Herald Tribune about the prospects for U...
Where to Find Me
Posted on March 23, 2009I'm talking at the International Trade Club of Chicago this Friday. More info is here. The topic will be free trade agreement compliance. Rather than the now fairly standard NAFTA presentation, I am going to focus on Chile and Morocco as models for discussion...
The C-TPAT Bait and Switch
Posted on March 19, 2009I have absolutely no doubt that C-TPAT, the Customs-Trade Partnership Against Terrorism, makes America a safer place. Every participating importer, carrier, warehouse, foreign manufacturer, etc. agrees to take reasonable steps to insure the safety of the supply chain...
Mexico Retaliation List
Posted on March 18, 2009Thanks to a number of people who sent this list to me. Here is a link to the Spanish-only list.
Ron Kirk USTR
Posted on March 18, 2009The former Mayor of Dallas has been confirmed as the new United States Trade Representative. Mr. Kirk's resume includes stints as a legislative aid to Senator Lloyd Benson and Texas Secretary of State.
Mexico retaliates
Posted on March 17, 2009I've been wondering when Mexico would finally take some action regarding the long-standing refusal of the U.S. to permit Mexican domiciled truck drivers to operate in the U.S. Well, that shoe has dropped.Apparently, 90 commodities are affected, but have not yest been listed...
At API today
Posted on March 16, 2009Today and tomorrow, I'll be tweeting updates from the American Petroleum Institute customs meeting.www.twitter.com/customslawblogLooked at materials from other speakers; need to change my presentation.
Credit for US Parts in Repairs
Posted on March 13, 2009Customs and Border Protection is proposing to amend its regulations to create an incentive to use U.S.-origin parts in foreign repairs and alterations. Currently, the customs regulations (at 19 CFR 10.8(d)) require the deposit of duties based on the full cost of the repair including the value of domestic and foreign components...
Counterfeit Packaging
Posted on March 12, 2009I just got off the phone with a reporter asking about legal and technological strategies the pharmaceutical industry can be using to fight counterfeits. I talked about recording trademarks with Customs and Border Protection, educating the agency on what to look for, conducting investigations to find the source, etc...
My Inky Regrets
Posted on March 11, 2009I like swag. I?m always happy to come out of a conference with a useful item like an umbrella, flash drive, or corkscrew. My firm has swag of its own. My favorite swag is a set of three beanbag balls that make up a juggling kit. The idea here is that compliance professionals have lots of responsibilities and, therefore, need to be able to keep several balls in the air at the same time...
At ICPA
Posted on March 09, 2009Semi-live tweeting from ICPA today and tomorrow. Follow along at www.twitter.com/customslawblog.
Byrd Part I: The Majority
Posted on February 25, 2009SKF USA, Inc. v. Customs and Border Protection is a hefty opinion, so I am going to blog it in two parts. Here is the majority opinion. The issue is whether the Court of International Trade properly held that the Continued Dumping and Subsidy Offset Act of 2000 is unconstitutional...
Peru Instructions
Posted on February 24, 2009I've been asked a couple times about the process for making claims for duty-free treatment under the Peru Trade Promotion Agreement. Customs and Border Protection has now issued guidance. The first document is a memo doing a good job of summarizing the terms of the agreement with respect to rules of origin...
Calling Samuel L. Jackson
Posted on February 23, 2009Almost snakes on a plane.In my continuing fascination with small animal smuggling, I saw this article about a 24 year old man stopped at the airport in Sydney, Australia trying to board a plan carrying 40 lizards and four snakes. At least he had the decency to put them in his luggage rather than his pants, as is often the case...
Byrd Constitutional
Posted on February 19, 2009What's with the dumping cases suddenly being interesting?The Federal Circuit has reversed the Court of International Trade and held that the Byrd Amendment is constitutional. The amendment provided disbursements of antidumping duties collected to members of the domestic industry that supported the petition...
Really? This is what we are worried about?
Posted on February 17, 2009H.R. 1082. A bill to prohibit the importation for sale of foreign-made flags of the United States of America; to the Committee on Ways and Means.Now, in the 111th Congress, a bill that has died in the last four congresses.
Toshiba Tablet Trouble
Posted on February 11, 2009I have had a tablet PC for a long time. It is an aging Toshiba M200 and I am quite happy with it. So happy, in fact, that I would like to replace it with another tablet. I'd even get another Toshiba, but they are making it hard.One of the great benefits of a tablet is that it is an easy way to end up with a dual monitor system...
Details on Georgetown
Posted on February 11, 2009Yes, I feel chastised by the comment to a previous post. Here are the details on the always excellent Georgetown Law CLE International Trade Update for 2009. Here is the brochure.And here is the blurb:Designed for both new practitioners and experienced trade and customs lawyers, the international Trade Update provides you with critical knowledge, skills and practice development ideas...
Commissioner Basham to Retire
Posted on February 11, 2009News flash:The Commissioner of Customs and Border Protection has announced his intention to retire at the end of the month. Commencing March 1, current Deputy Commissioner Jayson Ahern will be Acting Commissioner. Here is a JOC article.What qualities do you want to see in the next Commissioner?
Laptop Searches: Signs of Change?
Posted on February 06, 2009Just a quick note. This may be a sign of change at DHS. This comes from an internal draft letter regarding how DHS manages privacy issues. Among the issues discussed is searches of digital media by Customs and Border Protection (which is unnamed in the letter):Border Searches and Seizures of Stored Digital Information...
Stimulus Update
Posted on February 05, 2009This is a fast developing story. It seems that the Senate has heard complaints from far and wide about the Buy American provisions put into the stilulus plan passed by the House. Australia, for example, does not want to be shut out of providing the steel for new bridges and roads...
Eurodif, finally
Posted on February 05, 2009Eurodif is a dumping case. This is the Customs Law Blog. Usually, I skip over the dumping cases. But, this is the U.S. Supreme Court. So . . . let's get to it.The relevant facts are simple. The importer "buys" low enriched uranium for money plus unenriched uranium...
Holy See, Batman!
Posted on February 04, 2009The Fish & Wildlife Service has announced the list of countries that have not properly documented their Competent Management and Scientific Authorities under the Convention on the International Traffic in Endangered Species (CITES). As a result, CITES documentation from these countries will not be accepted...
Lots to Blog
Posted on February 04, 2009I'll get to Eurodif today.Reminder that I'll be speaking at the Georgetown CLE International Trade Update March 5-6.Substantively, the USTR is asking for comments on U.S. participation in a Trans-Pacific Free Trade Agreement. Are we suffering free-trade agreement fatigue yet? Is American industry clamoring for a new compliance regime to access trade with our neighbors around the pacific? This proposed agreement would include:SingaporeChileNew ZealandBurei DarussalamAustraliaVietnamPeruNote that we currently have agreements with Singapore, Chile, Australia, and Peru...
CITBA Winter Luncheon Meeting
Posted on January 30, 2009If you are in DC February 10, please come to the Customs and International Trade Bar Association luncheon meeting. Here are the details:CUSTOMS AND INTERNATIONAL TRADE BAR ASSOCIATION WINTER LUNCHEON AND SEMINAR Date: February 10, 2009 Place: Willard Inter-Continental 1401 Pennsylvania Avenue, N...
Supreme Court Reverses Eurodif
Posted on January 29, 2009As with most things in administrative law, it is all about Chevron. The upshot of this case is that Commerce's interpretation that the contract for the enrichment of uranium and the return of low enriched uranium falls within the ambit of the antidumping laws is permissible...
Buy Amercian Controversy in Stimulus
Posted on January 29, 2009It seems the Obama Administration is about to walk into its first test on trade policy. The House-passed stimulus package includes a provision requiring that certain materials (including steel) used in stimulus-funded infrastructure programs come from the US...
File Your Report
Posted on January 27, 2009Brokers know that they are required to file a report with Customs and Border Protection stating that they are continuing to work as a broker and their address. That's in the customs regulations at sec. 111.30(d). They also have to pay the applicable $100 fee...
10 + 2 is a Go
Posted on January 26, 2009Sources within U.S. Customs and Border Protection (CBP) have confirmed that late Friday a decision was made by the Office of Management and Budget (OMB) and Department of Homeland Security (DHS) not to delay the implementation date for the 10+2 rule.
Hold Everything
Posted on January 23, 2009The Obama Administration has halted the implementation of all pending regulatory changes until they are reviewed. This throws lots of Customs and Border Protection activity into limbo. For now, the Importer Security Filing (AKA 10 + 2), aspects of the Lacey Act, the country of origin rules, etc...
Peru FTA Effective Feb. 1, 2009
Posted on January 21, 2009Here is a press release from the Office of the United States Trade Representative regrading the February 1 implementation of the Peru FTA. Expect an immediate uptick in the importation of llamas.In more Peru news, portions of the Nazca lines have been damaged by rainfall...
C-TPAT Year in Review
Posted on January 21, 2009Customs and Border Protection has published a 2008 year in review of its Customs-Trade Partnership Against Terrorism program. Here are some interesting 2008 statistics:Certified 1,448 new membersValidated 3,469 supply chainsAdded 50 supply chain specialistsSuspended 121 membersRemoved 118 membersCompleted 52 appeals (26 denied, 18 approved, 8 reduced suspensionsFor those of you who may not know, C-TPAT is a voluntary program under which members agree to undertake reasonable steps to secure their supply chain from container stuffing to delivery to the ultimate consignee...
Breaking Ice
Posted on January 19, 2009I went into the office today despite our being officially closed for MLK, Jr. Day. I feel like I need to catch up a bit as I will be out Thursday through Monday for various work and non-work events.While sitting at my desk working on a paper about res judicata and stare decisis, I heard an unfamiliar rumbling noise...
News You Can Use
Posted on January 15, 2009FDA Starts Pilot Program for Safety of Drugs Made Outside U.S. - WSJ.comThis is great news for spammers. Now you'll be able to trust those internet "pharmacies" promising to deliver your important (and recreational) medicines to your door. It's probably also good news for lots of people who have a hard time paying for their medications...
While I'm On Tech . . . .
Posted on January 14, 2009This page lists U.S. Government information sources on Twitter.One agency that is not mentioned is Customs: http://twitter.com/CBP_updateRemember, if you want to follow me, I am at http://twitter.com/customslawblog. But seriously, I'm not sure I'd want to follow me...
It's a Tech Post
Posted on January 14, 2009Been a while.Have I mentioned that I love my Zune? Last time I discussed it, I was upset about having lost mine. I subsequently replaced it and went with the 120 GB version.The hardware is cool and works just like it should. Not really that different than an iPod once you get the hang of the touch pad...
Stare Decisis in my Eyes
Posted on January 14, 2009Lately, I have been thinking a lot about stare decisis. [Hence the title.] Those of you who saw my panel at the Court of International Trade Judicial Conference probably know why. It turns out that I will be discussing much the same territory at the 2009 International Trade Update at Georgetown Law (March 5-6)...
CAFTA-DR Refunds
Posted on January 09, 2009One side effect of Costa Rica finally implementing the Central American Free Trade Agreement is that the clock has started to run on certain retroactive claims for duty-free treatment.As implemented in 19 CFR 10.699, the Agreement permits retroactive application of the duty preferences and, therefore, refunds of excess duties paid on goods that qualify...
Treaty Schmeaty
Posted on January 08, 2009Right now, I am grading papers for my John Marshall Class on NAFTA and other US Free Trade Agreements. A theme running through a few is whether NAFTA is constitutional. The most common argument against constitutionality is that NAFTA is a treaty. The Constitution requires treaties to be negotiated by the President and ratified by the Senate by a 2/3 vote...
Customs News of the Weird
Posted on January 04, 2009Here is a short news story from the AP:A federal judge in Brooklyn has rejected a Liberian woman's religious reasons for smuggling endangered monkey meat into the country.U.S. District Judge Raymond J. Dearie ruled Wednesday that Mamie Manneh's faith didn't preclude her from applying for permits to import exotic food or explain why she misled officials...
Desk Clearing: ITC Study on First Sale
Posted on January 02, 2009I am back from a brief vacation and clearing my virtual and physical desktops before I have to go to Washington on Monday.Thus, I pass along this notice from the United States International Trace Commission announcing the formal commencement of its study of customs valuation using the "first sale methodology...
Welcome to CAFTA-DR
Posted on January 02, 2009Dear Costa Rica:Welcome to the table as of January 1, 2009. We are very happy to welcome you to full participation in the CAFTA-DR. On behalf of no one, let me extend my best wishes for a long and prosperous relationship.LarryP.S.Here is what USTR Schwab had to say on the topic.
.PR
Posted on December 29, 2008Greetings from the customs territory of the United States, but just barely.I'm annoyed at Google today because when I tried to search for something, it sent me to www.google.com.pr en espanol. I understand that this is a feature not a bug and that it makes life easier for the locals...
One More Quick Item
Posted on December 22, 2008An increase in the duty on cars imported into Russia has caused violent protests. Here is the a href="http://www.nytimes.com/2008/12/22/world/europe/22russia.html?partner=permalinkamp;exprod=permalink"New York Time story/a. Forget about all the academic arguments over whether high tariffs are good or bad for the local economy...
New Lacey Tools
Posted on December 22, 2008I'm short on time and I am pretty sure just about everyone has checked out of their business mindset for the holidays. Nevertheless, I'll give you this bit of news: APHIS has posted to its web site some tools for Lacey Act compliance.br /br /a href="http://www...
You've Been Voted Off . . . By CBP
Posted on December 17, 2008Just when I thought things were getting dull, a href="http://www.wayla.blogspot.com/"Wayla Guy/a tipped me to a href="http://news.yahoo.com/s/eonline/20081216/en_top_eo/73642"this story/a.br /br /First, just so CBS knows, my firm has an office in New York and we are happy to come by for a meeting...
Are We In the Holiday Doldrums?
Posted on December 16, 2008Seems awfully quiet out there.Washington is in pre-inauguration limbo and a lot of businesses are quiet either due to the economy, the cyclical nature of their business, vacations, or just the weather. It seems to me that there hasn't been much about which to write lately...
New E-Mail & Twitter
Posted on December 12, 2008For my side gig, I right technology columns for the Chicago Bar Association. I've been doing that for more than 10 years. The name of the column is "Riding Circuits." Lawyers will get the pun. One of my designated topics is online marketing. Lately, I've been reading a lot of over heated articles about the value of Twitter for lawyer business development...
Customs News of the Weird and Book Report
Posted on December 11, 2008I did read The Lizard King by Bryan Christy and found it thoroughly interesting. The book is about the legal and mostly illegal trade in reptiles. I initially thought it would be too much like reading about work. As it turns out, there was just enough familiar info to make the book interesting...
Personnel Issues
Posted on December 09, 2008Generally, I stay away from news involving Customs and Border Protection personnel behaving badly. There is no point in covering it as it does nothing to explain customs law and could conceivably make a bad situation worse for someone I might have to deal with in the future...
Modern Communication
Posted on December 09, 2008While I was flying from Chicago to NYC this morning, federal agents were arresting the governor of Illinois. When I landed, I and everyone else on the plane turned on their cell phone, Blackberry, iPhone, or Treo. At that moment, I overheard the flight attendant judging all of us for lacking the self restraint to be out of contact for a few hours...
Sailing to Cuba? Do not Pass Go.
Posted on December 03, 2008I generally stick to customs law here, but in real life I do export and trade work as well. With that in mind, here is a story I should have covered earlier. It's a sailing story, and I like those. It is also an international trade enforcement story, so that makes it doubly interesting...
Cool New HTSUS Tool
Posted on December 01, 2008Here is an online tool only a compliance geek could love:Harmonized Tariff Schedule Online Reference ToolThe ITC has launched a cool site that makes navigating the Tariff Schedule easier and links 10-digit HTS numbers to related Customs and Border Protection rulings...
10 + 2: Back On Topic
Posted on November 25, 2008By now it is old news that Customs and Border Protection has published the interim final rule on the new Security Filing popularly known as 10+2. I'm going to assume that if you find you way to this blog you know what 10+2 is all about. If not, read this 55 page notice...
More Spore
Posted on November 22, 2008I can't resist posting this.I received a customer survey request from Electronic Arts. I have detailed my problems here. I was very happy to respond and let them know that the game still does not work and their customer support has been less than effective...
Back from Judicial Conference/ABA Survey
Posted on November 20, 2008I'm back from the Court of International Trade Judicial Conference. We had a good time, as always. It was down at the South Street Seaport, which has its touristy aspects but still reflects old maritime NY.I moderated a panel on New Developments in Customs Law...
Spore: Guerrilla Tech Support
Posted on November 16, 2008I bought a copy of the PC game Spore for Jr. It seems like a cool way to learn about evolution (at least a cartoonish version of it) and any game that does not involve broadswords is an improvement. But, the darn thing does not fully work.Normally, I am the go-to tech guy in my family...
NYC Seminar Update
Posted on November 13, 2008Here are the details for the December 10 seminar in New York.
Update: National Semiconductor
Posted on November 13, 2008Remember National Semiconductor? This is the penalty the Court of International Trade awarded interest on unpaid Merchandise Processing Fees under 19 U.S.C. 1505(c). This provision is the law that gives Customs and Border Protection the right to collect interest on unpaid duties and fees...
NYC Seminar
Posted on November 08, 2008On December 10, 2008 I'll be speaking at a seminar in Manhattan. It will be me and my partner Rick Van Arnam talking about Customs enforcement, penalties, and compliance. It's a half day. The International Compliance Professionals Association is co-sponsoring...
Memo to Mr. Obama
Posted on November 05, 2008Congratulations. In the coming months you will have many important decisions to make. Not the least of which will be your Homeland Security team. Feel free to call.
Totes, ISA, and Origin Updates
Posted on November 05, 2008A few things worthy of note:Totes Rehearing DeniedThe Court of International Trade has denied dual requests for a rehearing in the Totes case challenging the constitutionality of gender-specific rates of duty on gloves. You probably remember that the Court previously dismissed the case on technical grounds but permitted the plaintiff to refile if its case...
Unintended Consequences
Posted on November 02, 2008Warning: Off TopicFirst, I am peeved at myself for taking the small chainring off my bike. I had a three-ring crank set and took the small ring off to save weight. This image will give you an idea of what I am talking about, although it is not my exact gear...
Who is Unfailingly Complicit?
Posted on November 02, 2008A while back, an anonymous reader posted a comment to my post about the case in which Customs and Border Protection summarily denied a protest relating to the detention of merchandise in an origin case. The original post is here.The issue I raised came down to whether Customs and we should assume that importers who end up presenting fraudulent origin documents to CBP are victims or accomplices...
Rulings of Interest
Posted on October 28, 2008Greetings from Canada! I am up hear to speak at the IECanada conference tomorrow. I wish I had more time to stay, but I am doing a travel hit and run to Toronto. I need to be in Chicago on Thursday to speak at a World Trade Center NAFTA event. It's nice to be asked, but October has been a little ridiculous...
Another Notice Case
Posted on October 16, 2008Western Power Sports is one of those cases that just stinks of underlying policy issues. The gist is that Customs asked the importer to verify the origin of apparel it had imported. In response, the importer produced ?delivery records, employee time cards, and other production-related documents...
Illegally Importing Liquor, Lying About Exports is Customs Business
Posted on October 16, 2008Miguel Delgao lost his brokers license when it was discovered that he had been part of a scheme to import liquor into a bonded warehouse where paperwork was prepared showing it was to be exported. But, instead of being exported, the liquor was diverted back to the U...
Cancel My Subscription to the Bulletin
Posted on October 16, 2008The Customs Bulletin is a publication with a long and important history. Through the Bulletin, Customs and Border Protection provides notices to the trade regarding important decisions of the Court of International Trade, changes in policy, and new regulations...
Lacy Act Federal Register Notice
Posted on October 08, 2008Here is a link to a notice published today (10/8/2008) in the Federal Register. In the notice, APHIS sets out its planned phase-in of Lacey Act enforcement.The notice says that APHIS is working with Fish & Wildlife to define crop plants and common cultivars, which are exceptions to Lacey Act reporting requirements...
Copyright Infringement? Seriously?
Posted on October 06, 2008Look at this picture.It was in an artist's sketch book when she returned from Canada. Customs and Border Protection questioned her for an hour to determine whether she was engaged in copyright infringement. Based on that picture!I understand that what CBP was really worried about is corporate espionage...
Updates and Apologies
Posted on October 02, 2008I am feeling a little guilty about the lack of substance and insight of late. I won't make excuses other than to say that I've had my head in a recently filed appellate brief, some travel, and other distractions.I do have some upcoming events that may be of interest...
Customs Law TV
Posted on September 26, 2008On Wednesday, I did a talk for IPC, the trade association for the printed circuit board industry. The talk went well, I think. Afterwards, I sat down for a short interview about trade issues. You can watch that interview here. Note: The link takes you to a landing page...
Good WaPo Article on Laptop Searches
Posted on September 23, 2008This Washington Post article puts an interesting historical perspective on laptop searches. It is one thing to say, as I have, that the law permits the searches without probable cause. It is another to point out that Customs and Border Protection has had instructions out to the field setting limits on what can be searched, copied, and detained...
The Lizard King
Posted on September 22, 2008This new book is not about Jim Morrison. Rather, it is the tale of reptile smugglers and the Fish & Wildlife Agent who pursued them. The author is Bryan Christy.Here is a review from a paper in Malaysia, where much of the action apparently takes place...
News Items
Posted on September 18, 2008Giving New Meaning to "Magic Bus"Customs and Border Protection seized 484 pounds of marijuana from a privately owned bus entering from Mexico. I am hopeful that Ruben Kincaide will be able to get Danny and Keith out of jail before their next gig.If you don't get the hilarity in that post, you are under 40...
Lacey May Be Delayed
Posted on September 18, 2008Reliable sources are telling us here at Customs Law Blog Central that enforcement of the Lacey Act Amendments will be delayed past the current December 15 schedule. Right now, we understand that the enforcement date will be April 1, 2009. Additionally, implementation may be phased in with the initial emphasis on "core" wood products such as lumber...
Follow Me!
Posted on September 12, 2008Click the Followers link at the bottom to let me and the world know who you are.
Can You Say Chapter 20?
Posted on September 12, 2008NAFTA Chapter 20 covers dispute resolution between the parties. Seems like Chapter 20 is going to get a workout.The NAFTA requires the U.S. to open its market to Mexico-based long-haul truckers. This was supposed to have happened years ago. There has already been a dispute panel finding that the U...
Lacey Act Article
Posted on September 12, 2008I've been in the Pacific Time Zone this week. Although it would be nice to say that I was surfing, sunning, and sailing, I was actually working. Still, it is always refreshing to see a palm tree and an ocean.Speaking of palm trees, I did a piece on the Lacey Act amendments for the National Customs Brokers and Forwarders Association of America...
Spore Creature
Posted on September 05, 2008Yes, I am a geek at heart. No, I did not run out and buy Spore. But, I did work on a few creatures with my 7 year old. Here is Bluesox. Don't mess with him.Am I the only one who's noticed that this is essentially the same game as Sim Earth, which I played 15 years ago? Much better graphics, of course.
Always Aftfer Me Marbits
Posted on September 03, 2008Once while wondering aimlessly in Whole Foods, I grabbed a sample "gourmet marshmallow." I was not expecting anything too different from the Campfire marshmallows we used toast as kids. I was wrong. They were great. They were much less sweet and closer in consistency to nougat than to what I had expected...
The Cool War on Qat
Posted on August 28, 2008Here is an interesting story from Philadelphia, Customs and Border Protection has identified that city as a distribution hub for qat (A/K/A khat). Qat is a shrub from the Arabian Peninsula and East Africa the fresh leaves of which are chewed for their stimulant effect...
Followup: US v. Ressam
Posted on August 27, 2008A commenter to this post asked what the Supreme Court decided. While I should be watching Bill Clinton make nice with the Obama camp, I'll work for you my loyal readers instead. You may recall that the issue was whether simply possessing explosives while making a false declaration to Customs was sufficient to constitute the crime of carrying an explosive "during the commission of a felony...
Bike Stuff
Posted on August 27, 2008The season is rapidly coming to an end for me. It's mainly an issue of darkness and the fact that September and October will be full of travel. I figure I have a few more good weeks of riding to work, so I better take advantage of them.In the meantime, I totally want to figure out how to take a month off and do the Grand Illinois Trail...
Quick Items Tuesday
Posted on August 26, 2008First Sale Dead for NowIn yesterday's Federal Register notice regarding the data reporting requirements for first sale valuation, Customs and Border Protection tossed in the following statement with little fanfare: "CBP is withdrawing the notice of proposed interpretation...
Admin Law Shout Out
Posted on August 20, 2008My open thread on rules of origin got a nice hat tip from the Administrative Law Prof Blog, which I have added to my blog roll. I'll also tip you to Professor Nathan Cortez's blog for his Administrative Law class, which is just getting rolling. Maybe we can all follow along a pick up a few tidbits here and there...
Weirdest Customs News of the Weird Ever
Posted on August 15, 2008In the past, customs news of the weird has usually focused on people smuggling live animals or dead humans into the country. This story has none of that exotica, but it is truly weird.It seems that a customs broker on the southern border has been going to banks--including the Federal Reserve Bank--and directly to the Bureau of Engraving with large amounts of dirty old cash to exchange for crisp new bills...
Open Thread: Uniform Rules of Origin
Posted on August 15, 2008I know my open thread experiments never work. Nevertheless, I will soldier on once again.I have been having a lot of discussions about Customs and Border Protection's proposal to implement tariff-shift based rules of origin and do away with the old substantial transformation approach...
Survey Says . . .
Posted on August 14, 2008Here are some of the results of my web poll about this blog.56% of you visit one to five times per month and 21% visit one to seven times per week.65% of you get here via a saved shortcut, favorite, or similar method.93% of you are customs compliance professionals...
Laptop Searches Update
Posted on August 11, 2008On July 31, the Securing Our Borders and Our Data Act was introduced by Representative Eliot Engel with Representative Ron Paul on as a co-sponsor. Here is a press release on the bill, which is intended to limit Customs & Border Protection's authority to search digital data without reasonable suspicion that the data holds evidence of a crime...
Back at My Desk
Posted on August 07, 2008Well, I should say "a" desk.Due to the dearth of comments, I gather nothing of particular importance happened while I was gone. I guess that is good.I started my week away with the move of our office to new space within the building. The sad part of that story is that even when you move within a building, you still need to pack...
News To Me
Posted on July 28, 2008I'll be off line for a week or so. If anything of interest to readers of this blog happens, feel free to post it in the comments. I'll do my best to catch up on my return.In the meantime, here is a topic for discussion:SSAB v. United States: Another case of good law making for a bad result?One other note, as of tomorrow, my office is relocating to another floor of the same building...
Goodbye Substantial Transformation, Hello Tariff Shift
Posted on July 25, 2008Customs and Border Protection has published a Notice of Proposed Rule Making today proposing to do away with the time-honored substantial transformation test for determining country of origin. I'm sad. I like this rule. I like it for precisely the reasons that CBP wants to do away with it...
Administratve Law and Super Bowl XXXVIII
Posted on July 21, 2008Is 9/16th of a second enough to offend anyone?We'll come back to that.Whenever I talk to students (either as an adjunct professor or in so-called "informational interviews"), I talk up the value of a class in administrative law. Customs and trade law is administrative law...
9th Circuits Still Says CBP Can Search Your Laptop
Posted on July 21, 2008In an expected result, the U.S. Court of Appeals for the 9th Circuit has denied a petition for rehearing in the case of U.S. v. Arnold. This case involved the issue of whether Customs and Border Protection can search laptops (or other digital devices) that passengers carry with them across the border...
More from the Courts
Posted on July 18, 2008The Courts have been busy. On Wednesday, the Federal Circuit decided Volkswagen, in which another case was dismissed under Court of International Trade Rule 12(b)(5) for failure to state a claim.Volkswagen follows from Saab and similar cases involving efforts by importers to secure a value adjustment under 19 CFR 158...
Dispatches from Laredo
Posted on July 16, 2008Here are a couple good articles on enforcement activity in Laredo. Both involve the use of in-bond procedures to defraud either the U.S. or Mexico. In one case, Chinese fabric moving in-bond to Mexico was improperly manipulated to change its origin labeling to indicate that it was of U...
The CIT and the Endangered Species Act
Posted on July 16, 2008Federal Circuit has issued a decision in Salmon Spawning & Recovery Alliance.The issue here is whether the CIT can hear a claim that Customs and Border Protection and Fish & Wildlife have failed to enforce the Endangered Species Act with respect to certain salmon imports from Canada...
Breaking: Gender Discrimination Case Dismissed
Posted on July 07, 2008On July 3, the CIT dismissed Totes-Isotoner, but not on the grounds many people expected. It is a very interesting read (link). This is the case asserting that tariff rates that distinguish between products for men and women or between adults and children are unconstitutionally discriminatory...
Let The Chips Fall
Posted on July 07, 2008Here is a classification decision of another sort.In the UK, most food items are exempt from the value added tax. However, there is an exception for what Americans would call "potato chips." Recently, the UK tax court had to decide whether Pringles, those tube-packed stacks of potato-ie goodness, are actually potato chips for purposes of the tax exemption...
Costa Rica Inches Closer to CAFTA
Posted on July 02, 2008To meet the U.S.-imposed October 1 deadline for implementing CAFTA, Costa Rica has dismantled its telecom monopoly and now its insurance monopoly. See the story here from the International Herald Tribune.You may now break into "Do You Know the Way to San Jose?" and I don't mean California.
Touch My Survey Monkey
Posted on July 02, 2008I've created a survey of to get some visitor feedback. It is not at all scientific; just humor me.Click here to take surveyI view this as kind of an experiment. If it works, I'll do future surveys on important issues like whether companies should join Customs and Border Protection's Importer Self Assessment program and what is the best harbor on Lake Michigan?
CBP on Laptop Searches
Posted on June 30, 2008Customs and Border Protection has responded to the public and congressional attention it has attracted via searches of digital devices at the border. Customs' side of the issue is nicely presented here:Leadership Journal: CBP Laptop Searches
Can Lou Dobbs Define Sovereignty?
Posted on June 27, 2008Yesterday, I dropped an angry comment on the blog www.yourrightsblog.com in response to a Lou Dobbs video they posted there. That blog labels itself as "Exposing true rights for Americans and Canadians." The comment appears not to be making it past the moderator approval process, so I will reproduce it here...
First Sale: Alive For Now
Posted on June 26, 2008In an appearance before the Senate Finance Committee on June 24, Commissioner Basham stated that CBP would not proceed with its proposed reinterpretation of the value law to eliminate so-called first sale valuation. So, that's good. Whether CBP tries to do this again in 2011 is another and open question...
Blog Roll
Posted on June 26, 2008I've updated my blog roll to eliminate some dead links and add a few new ones (primarily in the cycling section). If you have any nominations for others to add, please drop a comment below.
Laptop Searches Catch the Attention of Senators
Posted on June 25, 2008Interesting article from PC World.Senators Question Border Laptop SearchesA good portion of the article seems to have more to do with accusations of racial profiling and interrogations than searching digital devices.
Let's Go Down to the Warsaw . . .
Posted on June 25, 2008so we can watch this excellent Drew Carey video from Reason.TV.Maybe Drew Carey will be replacing Ben Stein as America's witty smart person. I've seen Drew as a contestant on game shows; he seems pretty smart. Ben Stein has lost all sorts of credibility with me now that he is a pitchman for the movement to protect the alleged academic freedom to teach intelligent design as science.
Contemplating Cycling Accidents
Posted on June 24, 2008I've been able to ride to work a few time recently. That's been good; although, I am reminded that I have not yet had time to tune up the bike. It sounds and feels a little dry. My legs and lungs also require a tune up, but there is little I can do on that front...
Filler
Posted on June 19, 2008I have a bunch of substance to post. I have a couple comments on the UPS and Pomeroy decisions from the CIT and need to talk about the Optrex decision in some detail.But, I can't do it now.In the meantime, I give you these two items.First: Scooting Across the Border...
Court Decisions
Posted on June 19, 2008In reverse chronological order:Auto Alliance: Discovery disputes are pretty rare in the Court of International Trade. This one seem like it was a doosey. Who hasn't wanted to depose opposing counsel? Turns out that it is hard to justify.Optrex: Speaking of discovery disputes, this case also involved a contested privilege question...
Happy Belated Smoot-Hawley Day
Posted on June 18, 2008I tried to do a mobile post of this yesterday, June 17th, the first annual Smoot-Hawley Day celebration.Enjoy the holiday. Now is a time to gather with your colleagues and be nostalgic about 25% rates of duty. If anyone in your office raises the question of whether the Smoot Hawley Tariff Act might have contributed to plunging the world into a global depression, tell them that the Tariff Fairy will not put a new HTSUS under the tariff bush this year...
EFF to be Amicus in Laptop Search Case
Posted on June 13, 2008This news item from Slashdot says that the Electronic Frontier Foundation and the Association of Corporate Travel Executives are filing an amicus brief in an effort to have the full 9th Circuit Court of Appeals rehear and reverse the three-judge decision in Arnold upholding the border search of a laptop computer...
Export News
Posted on June 11, 2008It's not exactly CROSS, but the Bureau of Industry and Security has finally produced an online database of guidance on exports subject to the Export Administration Regulation. Here's a link:U. S. Bureau of Industry and Security - Policies and RegulationsPlus, while I am thinking about exports, a helpful e-mailer reminded me that I have failed to cover the long-anticipated actual implementation of mandatory electronic filing of export documents via the Automated Export System (or AESDirect)...
Honey Laundering
Posted on June 09, 2008Here is a link to an interesting story from the Chicago Tribune. The article is about criminal cases pending here involving the transshipment of honey to avoid antidumping duties on honey from China. It's not very common for these things to break into the local media, but this story involves criminality, a hint of international intrigue, and just a bit of danger in the form of honey tainted by banned antibiotics...
On and Off Topic Nonesense
Posted on June 04, 2008I have a small sailboat in Lake Michigan. It's just big enough to let me and my crew of two harbor hop up to Milwaukee or down to Chicago in fairly uncomfortable conditions. In my impractical dreams, I have a much larger boat and my harbor hopping shifts to the Caribbean...
First Sale, the Farm Bill, and Bad Parenting
Posted on May 28, 2008This is for Paul, who by posting a comment here, prompted me out of my blog stupor. I was planning a satirical rant about how I have this awful day job that gets in they way of my blogging. I was going to explain my goal to emulate now-professional bloggers like Heather Armstrong (AKA Dooce) or parlay my blogging success into a book deal like Jessica Hagy (of Indexed) and, more important, a shot on the Today Show...
A Holiday Just for Us
Posted on May 21, 2008Yesterday was the anniversary of the passage of the Tariff Act of 1828, commonly known as the Tariff of Abominations.I suggest that May 19 be declared a minor holiday for customs lawyers in America.The Tariff of Abominations resulted from one of those great legislative follies in which a bill is put before Congress on the theory that no one will support it and then political hay can be made by blaming the defeat of the bill on political opponents...
Customs News of the Weird
Posted on May 16, 2008It's Beetlemania in Pennsylvania! Customs and Border Protection sting nabs illegal beetle imports. Read about it here.Actually, there was no sting involved; I just could not resist the pun.
Deal or No Deal: GSP Edition
Posted on May 16, 2008Before I get into this, I need to make an important point (that I have made before): I like and respect most of the the folks at Customs and those at the Department of Justice who represent the agency. Over the three years I have been blogging, I have reviewed cases that I think Customs and Border Protection should have won and I have given a virtual high-five to Customs for the good and important work it does...
In Rem Action: U.S. v. Flash Drives
Posted on May 13, 2008In law, there are two kinds of civil actions. The usual case is brought "in personam," meaning it is against a person. This is the usual So-and-So v. So-and-So kind of case in which the plaintiff claims the defendant did something wrong. Other actions are "in rem," meaning against the thing...
We're All Grown Ups Here, Right?
Posted on May 01, 2008I like to hang out at the intersection of trade and intellectual property. I find the issues raised there to be particularly interesting.One long-simmering issue is the question of protecting geographically descriptive designations for products. Champagne, the French argue, must come from Champagne (France); not Italy or California and not even Champaign, Illinois...
Fiji on First Sale
Posted on May 01, 2008A quick update on Customs and Border Protection's effort to eliminate "first sale," sometimes called middleman," valuation:Earlier in the week, 17 U.S. Senators sent a letter to Homeland Security Secretary Chertoff expressing "serious concern" over the move...
Recent Decisions
Posted on April 29, 2008The courts have been busy. Here are some recent decisions of note:U.S. v. Arnold. This decision comes from the Ninth Circuit Court of Appeals and involves a border search of Mr. Arnold's laptop. This is an issue we have covered previously (here and here) and seems to be of growing concern to the general public...
Ground Breaking for the NAFTA Super Highway?
Posted on April 24, 2008This New York Times article includes a photo pf President Bush, Canadian Prime Minister Harper, and Mexican President Calderon lifting shovels of dirt. In reality, they are planting a tree in New Orleans, site of what is likely their last summit as a group before the end of the Bush administration...
Penalties: A New Priority
Posted on April 24, 2008Recently, Customs and Border Protection officially designated penalties as a Priority Trade Issue.I am putting this in the same category as the attempt to gut first sale valuation, the restrictive reading of lease-like arrangements in 9801, and the decision to bring the Ford recordkeeping case...
The Pen Is Stronger
Posted on April 15, 2008I found this Customs and Border Protection ruling to be interesting in a let's-keep-the-basic-in-mind kind of way. It involves the country of origin marking on pens. The pens were marked in raised letters on the barrel but the marking was in the same color as the pen...
NAFTA Drawback is STILL Constitutional
Posted on April 07, 2008A while back, this issue generated a lot of good comments. Thanks to the Federal Circuit, we can start that again. In NuFarm America's, Inc. v. United States, the Court of International Trade held that the requirement that importers pay customs duties within 60 days of the export of goods to a NAFTA country that previously entered the U...
President Forces Vote on Colombia FTA
Posted on April 07, 2008President Bush has transmitted the U.S.-Colombia Free Trade Agreement to Congress. Under the requirements of the fast track process, this move forces Congress to vote on the deal within 90 days. Unlike most legislation, Congress cannot amend the bill; instead, this is an up or down vote to approve or reject the pact...
Does CBP Have A PR Problem?
Posted on March 31, 2008Dateline Mar. 30, 2008, Chicago Today, the above cartoon by Dan Piraro appeared in Parade Magazine, which is shoved into the Chicago Tribune in the company of the Best Buy and Circuit City ad supplements. For reasons that escape me and likely make Parade execs very happy, I always leaf through it but rarely read anything in it...
U.S. and E.C. Joint Roadmap on Security
Posted on March 28, 2008This press release from Customs and Border Protection states that CBP and the European Commission's Tax and Customs Union Directorate have adopted a joint "roadmap" to mutual recognition of trade partnership programs. The ultimate goal is to establish mutual recognition of the U...
Supreme Court Considers Customs Declarations
Posted on March 27, 2008It is pretty rare for customs-related issues to come before the Supreme Court. The last cases to do so dealt with fundamental questions of administrative law and the degree to which the Courts had to defer to Customs' legal interpretations. Those cases were Haggar in 2000 and Meade in 2001...
Is Mickey Raising a Stink?
Posted on March 22, 2008I saw this story earlier in the week and decided against posting it. But, it keeps showing up so I may as well jump on the band wagon.Orlando stinks.According to Customs and Border Protection, the Orlando airport stinks from dead rats. Apparently, this is not an "Oh, yuck" kind of stink...
From the Blogosphere
Posted on March 21, 2008A few worthy posts from other blogs:An ode to smuggled absinthe from The Obscurarium. I would not take the comment that Customs and Border Protection does not enforce the ban on absinthe as legal advice.This self-described Minnesota Diva is shocked by CBP border searches of laptops...
Literature=Moral Turpitude
Posted on March 20, 2008Customs and Border Protection in Newark detained British author Sebastian Horsley for eight hours before telling him that he was not welcome in the U.S. under the visa waiver program. The reason for this determination is that Horsely purports to be a drug user who has employed the services of prostitutes and also has worked as an "escort...
Notes from the Road
Posted on March 18, 2008Not a good day for United Airlines. We are experiencing the dreaded mechanical delay here in San Diego. This, of course, leaves me with time to do a quick blog update.In the category of not-terribly-relevant is the fact that Arthur C. Clarke has passed away...
On Voice Mail, Massagers, and Mootness
Posted on March 13, 2008One thing I'll say for Customs & Border Protection is that the people making up the agency tend to be pretty responsive to voice mail. That makes me wonder why they need a $20 million overhaul of their voice mail system.Of course, voice mail is important and should be kept up to modern standards...
In Deep Yogurt
Posted on March 08, 2008I?m traveling and too much time spent in airports makes the odd profound. With that in mind, I want to know whether anyone but me has noticed that America is being invaded by granola-topped yogurt parfaits. I shudder at the larger implications of this for national security, let alone the health of the average American...
TheStar.com | USElection | Clinton campaign denies NAFTA report
Posted on March 08, 2008Here are a couple substantive items.First, what is rapidly becoming known as NAFTA-gate is spreading. Now there are questions about whether Hillary Clinton's people had contact with Canada to reassure that Country about her commitment to NAFTA. At the same time, it appears that Canada does not think that renegotiating is completely out of the question...
Canada Fights Back, Costa Rica Gets Extension
Posted on February 29, 2008Here's a page slap of a few articles on the current controversy over Barack Obama's possible, but not proven (or even likely), contacts with Canada over NAFTA. The story, which the campaign denies, is that the Senator contacted the Canadian Ambassador to assure Canada that all this negative NAFTA talk is just for purposes of the campaign...
No Trademark Jurisdiction without Embargo
Posted on February 20, 2008The Federal Circuit has issued a decision in Sakar International v. United States, a case I posted about here. Sakar, you may recall, involved the seizure of and a civil penalty relating to the importation of PDA accessories bearing of allegedly counterfeit Microsoft Windows logos on keyboards and UL labels on chargers...
Help My Zune
Posted on February 20, 2008This is an off topic technology post. I'm looking for technical help and, frankly, just letting you know I am here. I have been busy with work and have a lot of travel coming up. I'll post as I can. Also, I haven't seem too much that really struck me as interesting...
Why Valuation Matters to Art Smugglers
Posted on February 18, 2008Customs and Border Protection checks the reported value of imports against its database of reported values on similar goods. When the current import has a value that is out of line with the statistics, CBP can issue a rejection notice or a CF28 request for information...
Ron Paul and the North American Union
Posted on February 14, 2008This is not a forum for debating presidential politics. So the context of this article is unfortunate. It is from FactCheck.org and it analyzes several Ron Paul statements. Of particular interest here is his notion that a secret cabal is planning to merge the U...
Real Counterfeits of Virtual Swords
Posted on February 13, 2008Square Enix, the company behind the Final Fantasy computer games, movies and other media has a novel intellectual property issue. Someone is importing copies of its swords. Keep in mind that prior to being knocked off, these swords existed only as virtual swords to be wielded in video games...
News on Border Searches of Computers
Posted on February 12, 2008Questions surrounding Customs and Border Protection searches of computers at the border continue to generate news and lawsuits.Here are two recent articles on the topic:Washington PostCNNIf a CBP inspector could, in a Matrix-like way, jack right into a passenger's brain, he or she might find all sorts of possibly messy private details...
The Other First Sale
Posted on February 06, 2008I have been catching up on cases and, frankly, have not seen too much that is particularly interesting. Here is one to watch for: Gross Kobrick Corp. v. United States, CIT court number 08-0042. The issue is whether Customs and Border Protection properly excluded merchandise and properly refused to permit the importer to segregate admissible from non-admissible merchandise...
Page Slap
Posted on February 01, 2008A page slap is when you reply to an e-mail message with nothing but a link to a web site. In essence, you are saying "Look at this and figure it out yourself." I am in DC at the Georgetown International Trade and Customs Law Update. The program is going well...
First Sale, Settled Law and CBP
Posted on January 24, 2008In today's Federal Register, Customs and Border Protection is proposing to modify the interpretation of the phrase "sold for exportation to the United States" to effectively eliminate the use of so-called first sale valuation by U.S. importers.Some history is in order here...
10 + 2 Open Thread Experiment
Posted on January 21, 2008This is an experiment in Wiki blogging.Customs and Border Protection's Notice of Proposed Rule Making on the Importer Security Filing (so-called 10+2) is creating a big splash as people try and sort out exactly what will be required and what will happen in the case of non-compliance...
In Contact
Posted on January 21, 2008I have mentioned in the past that I provide content to the National Customs Brokers and Forwarders Association of America via their National Educational Institute magazine, CCSContact. In this post, I am providing links to some of that content, which you may find of interest...
Delevopments on the IPR Front
Posted on January 16, 2008Customs and Border Protection, as you likely know, plays an important role in enforcing U.S. intellectual property rights at the border. CBP can seize merchandise that infringes a U.S. copyright or trademark and can enforce a U.S. International Trade Commission exclusion order for patents or other rights...
Product safety at the Ports
Posted on January 16, 2008The Consumer Products Safety Commission is going to be assigning its own personnel to major ports, starting on the west coast. CSPC will be working with Customs and Border Protection to target suspect shipments for CPSC inspection. According to news reports, it remains unclear how many CPSC officials will be posted to the ports...
All Politics is Local
Posted on January 16, 2008In Illinois, we elect our state court judges. That puts a tremendous amount of responsibility in the hands of voters. I am not implying that judges are somehow beyond the capability of voter evaluation. The problem is more one of volume. Most voters cannot make a meaningful choice between the hundreds of candidates running for judge...
Did You Miss Me?
Posted on January 07, 2008I am back from the tour of Orlando theme parks.I'll assume you are all up-to-date on the fact that Customs and Border Protection finally published some details on the 10+2 data requirements. If not, read this.A couple other things of interest:The Court of Appeals for the Federal Circuit had to deal with a problem relating to the Court of International Trade's electronic filing system...
I'm Off
Posted on December 29, 2007I'll be offline for the next week or so. If anything major happens, feel free to post it in the comments. Otherwise, I'll try and catch up when I get back.Happy new year.
Happy Holidays and Sorry About the Opium
Posted on December 24, 2007I hate to be the bearer of bad news. But, if you are expecting a picture frame, Aqua Dots, or Louis Vuitton handbag for the holidays, your gift might not arrive.According to this news item, Customs and Border Protection seized a shipment of picture frames with opium concealed inside the frames...
Spicy Seizure
Posted on December 20, 2007I like hot peppers as much as the next guy. Maybe more so. I am particularly fond of hot Italian-style giardiniera. Scala's Packing (click on Italian Style Peppers) in Chicago makes the best. But, I am also fond of the humble jalapeno, which may be why this story caught my eye...
Gearing Up for a Trade War?
Posted on December 19, 2007Since 2001, Mexico has been entitled under the NAFTA to send trucks into the U.S. Since 2001, the U.S. has refused to allow that in any meaningful way. First, before I get any e-mail or comments about the danger NAFTA represents to our sovereignty, keep in mind that the U...
Ford News Flash
Posted on December 17, 2007If you have an interest in NAFTA, this is big news.As you know, Customs & Border Protection has been pursuing a $42 million recordkeeping penalty against Ford for failing to produce backup documents supporting certificates of origin from a Mexican supplier...
Check Your Journal of Commerce
Posted on December 14, 2007For those of you who get the paper copy of the Journal of Commerce, the most recent issue includes an interview with me. Once I get permission, I'll put up a link to the article. For now, I'll leave it to you old-school readers to enjoy the article...
One Last Thing
Posted on December 13, 2007I was going to steal this from Wayla-guy. I am too tired for that. Instead, go here and read his take on the Republican debate. And, in particular, watch the linked You Tube video in which the candidates discuss how to "fix" NAFTA.
Decisions, Decisions
Posted on December 13, 2007I haven't commented on a court decision in a while, so now I will comment on three.In U.S. v. National Semiconductor, the CIT (via Judge Musgrave) went back to the question of what interest might be due on unpaid duties where the violations were the subject of a prior disclosure...
False Copyright Claims
Posted on December 13, 2007Interesting piece from Boing Boing. False copyright claims are a lucrative business for sleazoids - Boing BoingThink about this the next time you buy a print or a coffee mug at a museum gift shop. No one, anywhere owns the copyright to a Da Vinci or Rembrandt...
Snubbed
Posted on December 10, 2007Clearly I have no friends in the highest reaches of the American Bar Association, an organization to which I have given years of effort and cold cash in the form of dues, travel expenses, and time away from work. And yet, hard as it may be for you--my dedicated readers--to accept, once again I have been snubbed...
Update and Legislation
Posted on December 05, 2007This piece updates the status of Goran Pavic, the trucker Customs and Border Protection arrested on an Interpol warrant for war crimes in Croatia. He remains in custody in Detroit although the magistrate on the case seems to be questioning the arrest...
Peru is a Done Deal
Posted on December 04, 2007Today the Senate approved the Peru Trade Promotion Agreement by a vote of 77 to 18. This clears the way for the president to sign it into law. Here is a NY Times article on the passage. As these things go, this is not a very big deal in terms of economic impact for the U...
News Review: Excellent Article on Myth of the NAU
Posted on November 28, 2007My groundbreaking work debunking the myth of the North American Union has, once again, been snubbed. Nevertheless, this article by Drake Bennett of the Boston Globe is excellent. The author not only discusses the facts but also the political and social reasons that the myth persists and is gaining traction...
Counterfeit News of Interest
Posted on November 27, 2007Customs and Border Protection is responsible for preventing the importation of counterfeit merchandise. This news item from CBP says it recently intercepted a shipment of 20,000 fake "Coach" belts from China in Seattle. Clearly, the holidays will be less bright for the fashion conscious bargain hunter this year...
Two-fer Tuesday
Posted on November 27, 2007This goes in the customs news of the weird category:Customs and Border Protection stopped a driver on the southern border attempting to illegally enter a U-Haul full of cheese and two parrots. Upon being pulled over for secondary inspection, the driver readily confessed to smuggling the merchandise...
Cool Hand Customs
Posted on November 17, 2007Sometimes the law turns on the strangest of details. Samuel Aaron, Inc. v. United States, a Federal Circuit decision affirming the Court of International Trade is a good example.The issue here was whether protests were timely filed. The case is more complicated than most because the relevant liquidation was a reliquidation and the only notice of reliquidation was an off-line binder in the customhouse that was separate from the normal binder of printouts generated by ACS...
Is Customs Working Too Hard?
Posted on November 14, 2007Look at this story.The thing about having a job to do as a professional is the ability to exercise discretion. Digging ditches is an honorable profession. But ditch diggers rarely get to decide how deep or wide to dig. They follow directions and do what is required for the particular job...
Customs & Border Protection at Work
Posted on November 12, 2007More on the international trade importance of socks. It seems CBP intercepted Chinese socks transshipped through Ghana. The socks not only avoided quantitative restrictions but also claimed benefits under AGOA.Breaking up a scheme right out of a 1960's sitcom, CBP found a man in a suitcase in the back of a car crossing in from Mexico...
NAFTA Expansion?
Posted on November 09, 2007The House voted on the Peru Free Trade Agreement yesterday. There is a lot of campaign season politics involved in this vote. The Senate still needs to pass the bill before the agreement can be implemented. That's fine. There are so many FTA's now that the passage of a new one is of little note as far as the trade community is concerned...
On Bismarck and Brokers
Posted on November 08, 2007Otto von Bismarck is reported to have said "Laws are like sausages, it is better not to see them being made." Clear evidence of that is Senate Bill 2045. This bill, introduced in September by Senator Mark Pryor of Arkansas is intended to sure up consumer product safety by reforming the Consumer Product Safety Commission...
Customs News of the Weird
Posted on November 05, 2007Shopping cart crime.Apparently, the aftermarket for Home Depot shopping carts in the Caribbean is robust enough to spawn their theft and smuggling out of the U.S.Edwards confused on the borders of North America.According to John Edwards, NAFTA has caused the recent flood of unsafe toys from China...
Heartland Cleanup
Posted on November 05, 2007Heartland By-Products is one of those cases that seems to never quite end. The basic facts are that Heartland wanted to import sugar syrup from Canada to the U.S. and sought to arrange its manufacturing in a way that avoided the potential high rate of duty for out of quota shipments...
From the News
Posted on October 23, 2007It is funny how market segments you might not think of as "industries" in and of themselves can sometimes turn into important players in the trade debate. Take, socks, for example. This article discusses the plight of a Canadian company that invested in a sock factory in Honduras in part to take advantage of access to the U...
C-TPAT Validations in China
Posted on October 18, 2007Here's news: Customs and Border Protection has finally secured the ability to have its people do C-TPAT validation in China. Until now, CBP has planned to rely on private third parties to conduct the validations. Now, CBP personnel will do it. I'm not sure that there is much practical significance to this but it does alleviate the concern about business proprietary information being in private hands...
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