Rewrite of Cat. XI of the U.S. Munitions List – Changes Coming

Acme Electronics (Acme) is a medium-sized company that produces populated printed circuit board assemblies and wiring harnesses as a subcontractor to aerospace and electronics companies.  Currently, Acme’s process for classifying its products for export control purposes has been a simple one: If the products are used in a military application they go in Category XI …

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Anti-Dumping Duties: How Importers Can Protect Themselves

On June 21, U.S. Customs and Border Protection (CBP) announced that it had arrested five individuals from three separate companies indicted on three counts of conspiracy to smuggle goods into the U.S., as well as conspiracy to commit money laundering. Specifically, the defendants were accused of having provided CBP with fabricated documents to avoid paying …

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Requirements for Transactions with Unverified Parties: Rev up for Changes

Companies out there that enjoy exporting their goods and all the benefits that come with it may want to take a look at the Bureau of Industry and Security’s recent proposed changes to the Export Administration Regulations (EAR) (You can find them in 78 Fed. Reg. 55664 (Sep. 11, 2013)). If you’re meticulous and diligent …

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Buying Import & Export Violations: Successor Liability Risk & Its Impact on the Bottom-line

When you think of mergers and acquisitions, what are the highest risk areas that spring to mind? While companies routinely understand and prepare for liability pertaining to tort litigation, taxes, and contract disputes, the same companies often overlook potential liability for violations of import and export laws. Unfortunately, this can prove to be one of …

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The Interplay of FCPA and Export Control Violations: When Bad Decisions and Lack of Internal Controls Lead to Severe Consequences

Weatherford International and Subsidiaries Agree to Pay $252 Million in Penalties and Fines On November 26, 2013, three subsidiaries of Weatherford International Limited (Weatherford International), a Swiss oil services company that trades on the New York Stock Exchange, agreed to plead guilty to anti-bribery provisions of the Foreign Corrupt Practices Act (FCPA), and export control …

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Special Considerations When Classifying Automotive Goods Under the Harmonized Tariff Schedule of the United States (HTSUS)

The classification of automotive goods and accessories is often challenging given the complexity of the vehicles themselves and the interplay of the HTSUS Rules of Interpretation and Section and Chapter notes.  This article is concerned primarily with “vehicles” which are classifiable under Chapter 87 of the HTSUS, and in particular those classifiable under Headings 8701 …

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Are You Obstructing Justice Without Realizing It?

The crime of obstruction of justice refers to interfering with the work of police, investigators, regulatory agencies, prosecutors, or other government officials.  Obstruction can generally be grouped into the following three categories:  (1) statements and actions toward the government; (2) statements and actions toward third parties; and (3) deleting, altering or failing to produce documents.  …

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