Anti-Dumping and Countervailing 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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Parallel Imports into the U.S. – Differing Shades of “Gray”

Often the bane of U.S. trademark holders, parallel imports or “gray market” goods are goods bearing a genuine trademark and sold into a market outside of the US, and then subsequently imported into the US without the authorization of the trademark owner.  The goods might be manufactured in the US and exported, or produced in …

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Export Control Reform: Are You Ready for October 15?

On April 16, 2013, the Department of State and Department of Commerce published a pair of final rules implementing the first major step of the President’s Export Control Reform (ECR) initiative. These final rules, which become effective October 15, 2013, mark the first migration of items from the International Traffic in Arms Regulations (ITAR) United …

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Rewrite of Cat. XI of the U.S. Munitions List – Get Ready for Change!

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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Centers of Excellence and Expertise: A Boon for Importers

U.S. Customs and Border Protection: A Boon for Importers It doesn’t take much to recognize the benefits that U.S. Customs and Border Protection’s new Centers for Expertise and Excellence offer to importers frustrated with fragmented ports of entries. I say fragmented because, by nature, ports of entries fragment knowledge, experience, and CBP’s relationship with importers. An importer …

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The Raytheon Case Illustrates the Other Half of Compliance

The Raytheon Company recently entered into a consent agreement with the Directorate of Defense Trade Controls (DDTC) of the Department of State settling allegations that it violated the Arms Export Control Act and the International Traffic in Arms Regulations (ITAR) by failing to properly manage license agreements and temporary export and import licenses. In the …

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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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Satellites and Spacecraft Move to Commerce Control List: Proposed Rule

In a long-awaited move, the Bureau of Industry and Security (BIS) of the Department of Commerce announced a proposed rule transferring certain commercial satellite, spacecraft and related items from State Department to Commerce Department control. This proposed rule is the result of extensive efforts by the satellite and spacecraft industries in the U.S. whose exports …

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Taiwanese Father and Son Accused of Violating U.S. Laws to Prevent Proliferation of Weapons of Mass Destruction

A father and son are facing federal charges in connection with an alleged scheme to unlawfully export U.S. goods and machinery that could be used to create weapons of mass destruction. According to a May 6 press release issued by the U.S. Department of Justice, Hsien Tai Tsai, a resident of Taiwan who also goes …

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C-TPAT System of Records Notice: What does it Mean for Your Privacy?

Participants in the Customs Trade Partnership Program Against Terrorism (C-TPAT) program may be interested to know that U.S. Customs and Border Protection  has published a concurrent “System of Records Notice” (SORN) and “Notice or Proposed Rule Making” (NPRM). The recent move by CBP now brings the information that CBP has gathered on C-TPAT members and …

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The Impact of Export Control Reform on an Electronics Subcontractor

Acme Electronics (Acme) is a medium-sized company in the U.S. that makes products (primarily circuit board assemblies and wiring harnesses) used in commercial and military aircraft. Acme occasionally sells these products to aircraft manufacturers, but most of its sales are to major U.S. and foreign subcontractors to aircraft manufacturers. Acme has a pretty straightforward process …

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Blue Lantern Highlights the Need for a Strong Compliance Program

The Department of State, through the Research & Analysis Division (RAD), Office of Defense Trade Controls  Compliance (DTCC), Bureau of Political-Military Affairs (PM) operates an end-use monitoring program called Blue Lantern. The Blue Lantern program monitors the end-use of defense articles, defense services, and brokering activities to ensure that “the recipient is complying with the requirements …

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Commodity Jurisdiction Request to Juries

The 1st Circuit Appeals court found in a recent case that juries may sometimes decide whether certain products are covered by the United States Munitions List. In United States v. Zhen Zhou Wu, the defendant was convicted of multiple counts of willful violations of the International Traffic in Arms Regulations and Export Administration Regulations. The …

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Explaining the Mexican Pedimento

In Mexico, the pedimento is the most relevant custom form that importers or exporters use during the importation or exportation of their goods. The pedimento can only be completed by the Mexican customs broker (Agente Aduanal) at the request of the importer or exporter. Even though the pedimento can be reduced to one-page document, the …

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2012: A Busy Year for Customs and Border Protection

U.S. Customs and Border Protection (CBP) recently released a summary of its activities in Fiscal Year 2012, which the agency says was marked by “historic levels of personnel, technology and resources” dedicated to the Southwest border, coupled with efforts to facilitate legitimate trade and travel. “In 2012, the men and the women of CBP played …

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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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