Author: Paul Fudacz

Global Trade Law

Classifying Mechanical and Electrical Machinery Under Chapter 84 and 85 of the HTSUS – Special Considerations

By Paul Fudacz, Senior Attorney Section XVI of the HTS is comprised of Chapters 84 and 85 and respectively covers “Nuclear Reactors, Boilers, Machinery, Mechanical Appliances; Parts Thereof”, “Electrical Machinery and Equipment and Parts Thereof; Sound Recorders and Reproducers, Television Image and Sound Recorders and Reproducers, and parts and accessories of such Articles.”  This is

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Utilizing Trade Agreements

By Paul Fudacz, Senior Associate Attorney Utilization of free trade agreements can be an important part of a company’s efforts to gain an advantage in the global marketplace by reducing tariffs and other trade barriers when dealing with business partners located within free trade area.  However, it is critical that before a company attempts to

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Anti-dumping – Advantages from a U.S. Domestic Producer’s Standpoint

By Paul Fudacz, Senior Associate For U.S. producers, successfully bringing an anti-dumping or countervailing duty case can effectively exclude unwanted foreign competition and preserve market share and profitability. Furthermore, there are many factors that can weigh in favor of an anti-dumping petition ultimately being successful, and not all of these necessarily require an unequivocal demonstration

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CBP Announces Modification of National Customs Automation Program (NCAP) Test Concerning ACE Cargo Release for Ocean and Rail Carriers

By Paul Fudacz, Senior Attorney As many importers are aware, CBP’s Automated Commercial Environment (ACE) will soon replace the Automated Commercial System (ACS) with upcoming deadlines including May 1, 2015 for the mandatory use of ACE for filing all electronic import and export cargo manifest data, and November 1, 2015 for the mandatory use of

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European Commission Issues Guidelines on the Classification of Sets

On April 11, the European Commission published “Guidelines on the classification in the Combined Nomenclature of goods put up in sets for retail.” The guidelines clarify what types of goods once assembled for sale as a “set” can be classified under a single Harmonized Tariff Code rather than having to break out the items and

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Bureau of Census Publishes Foreign Trade Regulations Final Rule

On March 14, 2013, the U.S. Census Bureau’s Foreign Trade Division (FTD) published the final rule revising the Foreign Trade Regulations (FTR), Title 15, Part 30. The publication of the final rule amends the FTR published in 2008. The effective date of the final rule is January 8, 2014, which gives the trade community approximately

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Making a “Made in USA” Claim – First Understand the Basics

Both the Federal Trade Commission (FTC) and U.S. Customs and Border Protection (CBP) have responsibilities related to the use of country-of-origin claims. While the FTC regulates claims of U.S. origin under its general authority to act against deceptive acts and practices, foreign-origin markings on products (e.g., “made in Japan”) are regulated primarily by CBP. This

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Classification Pointers – Deconstructing “Parts of General Use”

A fundamental rule associated with classifying merchandise under the Harmonized Tariff Schedule of the United States (HTSUS) is found under the General Rules of Interpretation, Rule 1, which provides in part: “classification shall be determined according to the terms of the headings and any relative section or chapter Notes.” One of the primary functions of

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