Have You Seen Your GSP Refund?

Posted on March 20, 2012 by

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The Generalized System of Preferences (GSP) Program has been a hot topic lately.  On January 3, 2012, the Import Trade Law blog posted about the procedure importers should follow in order to obtain Generalized System of Preferences (GSP) duty refunds in accordance with the retroactive renewal of the GSP Program by President Obama on October 21, 2011.  See Mark Your Calendars: Retroactive GSP Duty Refunds!  U.S. Customs and Border Protection (CBP) began automatically issuing retroactive GSP refunds on entries filed via the Automated Broker Interface (ABI) marked with the Special Program Indicator (SPI) “A”.  However, according to CBP, some GSP refund claims have “fallen through the cracks”.  Did your GSP claim “fall through the cracks”?   Continue reading →

Posted in Customs, Generalized System of Preferences, GSP Retroactive Refund, Import, Special Program Indicator | Tagged , , , , , , , | Leave a comment

Multi-Agency Centers Designed to Improve Nation’s Export Control System

Posted on March 13, 2012 by

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Export control laws are federal regulations that control the transfer of certain information and/or technology to certain foreign countries or foreign nationals.  These laws have multiple purposes, which include protecting the economy, protecting national security and furthering U.S. foreign policy goals.

But, if you haven’t heard, there are changes, big changes, being made to the U.S. export control system.   Continue reading →

Posted in Bureau of Industry and Security, Export, Export Control, International Traffic in Arms Regulations, Trade | Tagged , , , , , , | Leave a comment

The Proof is in the Pudding: Can You Substantiate Your GSP Claims?

Posted on March 6, 2012 by

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On December 13, 2011, the Import Trade Law blog posted that the Generalized System of Preferences (GSP) Program had been re-authorized.  The GSP Program Has Been Re-Authorized, Now What?  So, it comes as no surprise that the U.S. Customs and Border Protection (CBP) would re-post a 2008 Regulatory Audit document that provides importers with general compliance information and guidance on the basic requirements that must be met in order to substantiate a claim under GSP.  Here at the Import Trade Law blog, we thought it’d be a good idea to take a closer look at what it takes to make and support a claim for GSP treatment.  Continue reading →

Posted in Audit, Country of Origin, Customs, Generalized System of Preferences, Import | Tagged , , , , , | Leave a comment

Sharpen Your Pencils: Customs Broker License Exam is April 2nd

Posted on February 28, 2012 by

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U.S. Customs and Border Protection (CBP) licenses and regulates customs brokers, who are individuals or entities that assist importers and exporters in complying with CBP regulations.  Most importantly, customs brokers submit the required paperwork and payments to CBP on behalf of their clients.  The purpose of the exam is to “determine the individual’s knowledge of Customs and related laws, regulations and procedures, bookkeeping, accounting, and all other appropriate matters, necessary to render valuable service to importers and exporters.” 19 C.F.R. 111.13(a).

CBP administers the Customs Broker License Examination twice a year; once in April and again in October.  The April 2nd exam is fast approaching!  If you plan on taking the exam this April, read on to understand what you need to prepare.   Continue reading →

Posted in Customs, Customs Broker Exam, Customs Broker Triennial, Customs brokers | Tagged , , , , | Leave a comment

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

Posted on February 21, 2012 by

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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 Classification, Court of International Trade, Customs, Discrimination, Equal Protection, Import, Trade | 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, Fraud, Import, Seizure, Valuation | 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, Import, Trade, Immigration and Customs Enforcement, Intellectual Property Rights, Seizure | Tagged , , , , , , , , , , , | 2 Comments

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