Are These Goods Good?: Accreditation of Laboratories

Posted on May 29, 2012 by

Image via bbc.co.uk/learningzone/clips/testing-toys-for-safety/9660.html

If you are a manufacturer or an importer of consumer products, you should keep an eye on what’s happening with the Consumer Product Safety Commission (CPSC).  Last week, the CPSC issued a proposed rule to establish the requirements pertaining to the third party laboratories authorized to test children’s products in support of the certification required by the Consumer Product Safety Act (CPSA) as amended by the Consumer Product Safety Improvement Act of 2008 (CPSIA).  77 Fed. Reg. 31086 (May 24, 2012).  Now, this isn’t the first proposed rule published by the CPSC addressing the accreditation of laboratories for testing children’s products.  Rather, between August 14, 2008, and August 14, 2011, the CPSC has published 19 notices of requirements.   Continue reading →

Posted in Business, Consumer Product Safety Commission, Proposed Rules, Small Business | Tagged , , | Leave a comment

Happy Industry Day?

Posted on May 22, 2012 by

Image via FreeDigitalPhotos.net

It’s a busy day today, May 22.  Here in San Francisco, it’s Harvey Milk Day…but in D.C. and for those of us involved in trade, it’s CBP Industry Day!  Never heard of it?  Well, don’t be surprised.  The U.S. Customs and Border Protection (CBP) made the announcement just last week that May 22 would be “Industry Day” and to celebrate this most auspicious day, CBP created a one day event at the Ronald Reagan Building called “Evolving Border Security and Trade Missions:  Insights and Discussions with Industry“.  The link above will provide you with all the information you need;  access to the agenda, registration, speaker bios, etc.

This event will be available via webcast for those of us that were not able to attend in person.  If you are interested, you must register for Industry Day and then you will be able to view the webcast, which will be available until May 29, 2012.

Happy Industry Day!

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

“Tailor-Made Trade”: Centers of Excellence and Expertise

Posted on May 15, 2012 by

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In last week’s post, we talked about the role of the Advisory Committee on Commercial Operations of Customs and Border Protection (COAC).  And, if you attended CBP’s first West Coast Trade Symposium last week, you would have learned about the two new industry trade centers, known as the Centers of Excellence and Expertise (CEEs).  How are COAC and the CEEs related?  Well, the idea for the CEEs was one of many ideas developed and put forth by COAC.  In 2009, COAC, in its advisory capacity, suggested that CBP shift its approach to view companies as accounts rather than review each entry on a transaction by transaction basis.  In response to COACs suggestions, CBP formed a workgroup to take a deeper look into this very different approach as to how the trade and CBP would work together to facilitate trade and to minimize the threat to our nation’s security.  What are these CEEs all about?   Continue reading →

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COAC Meeting Announced: May 22, 2012

Posted on May 8, 2012 by

imagewerks/Imagewerks Japan/GettyImages

U.S. Customs and Border Protection has announced the next meeting of the Advisory Committee on Commercial Operations of Customs and Border Protection (COAC).

When:   May 22, 2012, 1 pm to 5 pm, EST
Where:  Hyatt Regency Savannah Hotel, Savannah, Georgia

If you are interested in attending, you must register to attend either in-person or via webcast.   Registration is open until May 18, 2012.  What is COAC, what does the the committee do and why is COAC important?   Continue reading →

Posted in Office of International Trade, Trade | Tagged , , | 1 Comment

Where’s My Refund?: Ford Motor Co. v. United States

Posted on May 1, 2012 by

John Lund/Blend Images/GettyImages

Unfortunately, for Ford Motor Company, the check is not in the mail!   The United States Court of Appeals for the Federal Circuit (CAFC) had some bad news for Ford Motor Company (Ford) in its recent decision on Ford Motor Company’s claims for refunds of Harbor Maintenance Taxes (HMT), which the company claimed it paid on exports made before July 1, 1990.  Ford Motor Company v. United States.  How bad was this news?  How does $2.5 million bad, sound?

Why did the CAFC rule against Ford?  What can you do to ensure you get your HMT refunds?  First, a little history. . . Continue reading →

Posted in Court of Appeals for the Federal Circuit, Customs, Export, Harbor Maintenance Tax, Trade, U. S. Supreme Court | Tagged , , , , | Leave a comment

Supreme Court to Hear Case on Imports of Foreign-Made Gray Market Goods

Posted on April 24, 2012 by

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Last week, the United States Supreme Court granted a writ of certiorari in a case where a U.S. publisher sued an enterprising student, who imported and subsequently sold (legally) foreign-made versions of the publisher’s book online in the United States to help finance his education.  Will importers be prohibited from importing legally copyrighted goods that are purchased outside of the United States unless authorized by the copyright holder?  Or, will importers be protected by the “First Sale Doctrine”?   Continue reading →

Posted in Copyright Act of 1976, Copyright Infringement, Gray Market Goods, Import, U. S. Supreme Court | Tagged , | Leave a comment

What do the Numbers Say? A Look at U.S. Import and Export Companies

Posted on April 17, 2012 by

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On April 12, 2012, the U.S. Census Bureau, which is part of the U.S. Department of Commerce, issued its 2009-2010 statistical report:  “Profile of U.S. Importing and Exporting Companies”.  The  report provides data on import and export values, the number of U.S. import and export companies, the type of company, the country of origin of imports and the destination of exports as well as data on company size.  Based upon the numbers in the report, it seems that there’s good news for the industry and the economy.   Continue reading →

Posted in Country of Origin, Export, Import, Trade, U.S. Census Bureau, U.S. Department of Commerce | Tagged , , , | Leave a comment

Waiting For a Decision On Your Protest?: Hitachi Home Electronics (America), Inc. v. United States

Posted on April 10, 2012 by

Image by Momo at minted.com

We all know that some things take time.  But, what if you file a protest and nothing happens?  Does Customs have an obligation to allow or deny a protest within a certain period of time?  In Hitachi Home Electronics (America), Inc. v. United States, the U.S. Court of Appeals for the Federal Circuit (CAFC) examined the language of 19 U.S.C. § 1515(a) to determine whether a two-year deadline set forth in Customs protest statute is “mandatory or merely aspirational.” Continue reading →

Posted in Classification, Court of Appeals for the Federal Circuit, Customs, Free Trade Agreement, Import, NAFTA, Protest | Tagged , , , , , | Leave a comment

Star Light, Star Bright…Am I Sleeping in a Tent Tonight? Target Stores v. United States

Posted on April 3, 2012 by

Alexander Kolomietz/Image via Stray.com

Now that the days are getting longer and the weather is getting warmer, our thoughts turn to enjoying the great outdoors!  And, what better way, than camping!  In a recent decision at the Court of International Trade, Target Stores (“Target”) challenged the classification of its gazebos, imported from China.  At issue was whether Target’s imported products should be classified as “tents” or as “structures of iron or steel”?  Now, before you run out an buy your “tent” or “structure of steel”, let’s see how the CIT came out on this issue.   Continue reading →

Posted in China, Classification, Court of International Trade, Customs, HTSUS, Import, Trade | Tagged , , , , , | 1 Comment

Mid Continent Nail Corporation: Sometimes a Nail is Just a Nail

Posted on March 27, 2012 by

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On May 23, 2011, the Import Trade Law blog discussed a decision issued by the Court of International Trade (CIT) in which the Department of Commerce (Commerce) determined that steel nails otherwise subject to an antidumping duty order (Final Order) were not within the scope of that Final Order when imported as one of the components of a household tool kit.  See One Tool Short of a Hardware Kit, May 23, 2011; Mid Continent Nail Corporation v. United States, Slip Op. 11-55, May 17, 2011.  In that post, Commerce struggled with the issue of what constitutes a mixed-media set and when those components of a mixed-media set should be treated as individual items or as part of a set.  In fact, the CIT noted in its decision Commerce’s inconsistency in addressing mixed-media sets.  This month, the CIT offered a bit more clarity on Commerce’s authority and responsibility in addressing mixed-media sets and in determining the scope of a final order.  Continue reading →

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