Battle of the Sexes: Gender and Age Discrimination in Customs Duty Rates?

Posted on February 21, 2012 by

Image Credit: photobucket

For the past few years, the Court of International Trade has been involved in a battle of the sexes, of sorts.  Importers of glove, footwear and apparel have claimed that the Harmonized Tariff Schedule of the United States (HTSUS) uses the gender and age of intended users of certain imported products to distinguish between tariff rates, and because those tariff rates are not equal, the HTSUS unconstitutionally discriminates on the basis of gender and/or age.  The battle continues. . .  Continue reading →

Posted in Court of International Trade, Customs, Classification, Import, Trade, Equal Protection, Discrimination | Tagged , , , , , , , | Leave a comment

Happy Valentine’s Day, Love Bug!

Posted on February 14, 2012 by

Love it or hate it…it’s Valentine’s Day.  It’s the sweetest day for all those romantically inclined–for sweethearts, florists and. . .U.S. Customs and Border Protection (CBP)?  Why does CBP play such an important role in turning your Valentine’s Day into a super special Hallmark memory?  Considering that the U.S. imports a majority of the cut flowers for this sweet occasion from abroad its important to understand that those dozens of red roses come with much more than thorns.   Continue reading →

Posted in APHIS, Customs, Import, Trade | Tagged , , , , | Leave a comment

Third Time’s the Charm: United States v. Callanish Ltd.

Posted on February 7, 2012 by

Photo: Triple J's Album Cover "Third Time's the Charm"

In United States v. Callanish, Ltd., the Court of International Trade (CIT) has been trying to deal with an action brought by the United States to recover a civil penalty under Section 592 of the Tariff Act of 1930, as amended.  19 U.S.C. § 1592 (2006).   Trying?  Well, considering that the government has been pursuing this civil penalty for well over a decade…yes, they are trying.  But the government seems to be having some trouble, procedurally.   Let’s start from the beginning. . . Continue reading →

Posted in Court of International Trade, Customs, FDA, Valuation, Import, Seizure, Fraud | Tagged , , , , , , , , | Leave a comment

Seize the Day, All 365 of Them: 2011 IPR Seizure Statistics

Posted on January 31, 2012 by

We’ve blogged a bit about the infringement of intellectual property rights.  We’ve looked at what U.S. companies/IPR holders could do to protect their trademarks or trade names (Knock it Off, July 12, 2011), and we’ve also looked at the measures taken by U.S Customs and Border Protection (CBP) when it gets involved in trademark violations (CBP is a Triple Threat When Dealing With Trademark Violations, July 19, 2011).  Earlier this month, the CBP and the U.S. Immigration and Customs Enforcement (ICE) issued the 2011 statistics for goods seized due to intellectual property right (IPR) infringement, Intellectual Property Rights, Fiscal Year 2011 Seizure Statistics.   These two agencies are working together to keep out infringing items from the United States, protecting the economic interests of IPR holders, ensuring the safety of U.S. consumers, and protecting national security.   Continue reading →

Posted in Customs, Immigration and Customs Enforcement, Import, Intellectual Property Rights, Seizure, Trade | Tagged , , , , , , , , , , , | Leave a comment

The President’s Big Idea: One Department Dedicated to Business and Trade

Posted on January 24, 2012 by

What’s leaner, smarter and more consumer-friendly?  It’s President Obama’s vision to create a smaller government, which was announced in a White House press release on January 13, 2012.  President Obama has requested Congress to grant him consolidation authority so that he may reorganize the federal government.   Is this an election-year gamble?  Or, is this a plan that can really put the focus on economic growth and job creation?   Continue reading →

Posted in Export, United States Trade Representative, U.S. Department of Commerce, Consolidation Authority Act, Small Business, National Export Initiative, Trade, Business | Tagged , , , , , , , | 1 Comment

The Price of Beauty: Estee Lauder v. United States

Posted on January 17, 2012 by

Dolly Parton had it right when she said, “You’d be surprised how much it costs to look this cheap!”  Beauty is big business.  In Estee Lauder v. United States, the Court of International Trade (CIT) addressed the classification of Estee Lauder’s “Blockbuster” cosmetic set, which included such items as lipstick, lip pencil, lip gloss, eye pencil, mascara, eye shadow, nail polish, blush, makeup brushes, an applicator, and two different cases to hold these various goodies in.   Continue reading →

Posted in Classification, Court of International Trade, Customs, HTSUS | Tagged , , , , , , , | Leave a comment

Sneak Peek at the Amended 2012 U.S. Harmonized Tariff Schedule

Posted on January 10, 2012 by

As 2011 came to a close, President Obama signed Proclamation 8771, amending the U.S. Harmonized Tariff Schedule (HTSUS) with changes recommended by the World Customs Organization (WCO).  While the changes were implemented internationally on or about January 1, 2012, they will take effect in the United States on February 3, 2012, 30 days following the publishing of notice of the changes in the Federal Register.  What are some of the changes we can expect?   Continue reading →

Posted in Amendments, Classification, Customs, Federal Register, Free Trade Agreement, HTSUS, Import, International Trade Commission, Omnibus Trade and Competitiveness Act of 1988 | Tagged , , , , , , | Leave a comment