Customs and Border Protection

News & Analysis as of

End of Year Legislative Agenda

With the House and Senate in recess this week for the Thanksgiving holiday, there are now only a very limited number of scheduled legislative days left for the year – 12 in the House and 15 in the Senate – and there is...more

U.S. Customs Ruling Impacts Crude Oil Shipments

U.S. Customs and Border Protection (“CBP”) expanded U.S.-flag requirements in a recent ruling requiring shippers to use costly U.S.-flag vessels when shipping processed condensate to and from a foreign country to be blended...more

Canada Implements Pre-Flight Electronic Travel Authorization, Counterpart to United States ESTA Program

The eTA system has been implemented in an effort to mirror the Electronic System for Travel Authorization (“ESTA”) that has been in place in the United States for several years. ESTA is an automated system that determines the...more

CBP Studies Use of Body-Worn Cameras in Certain Circumstances

U.S. Customs and Border Protection (“CBP”) is expanding its camera review, including the possibility of integrating new body-worn camera testing into law enforcement operations such as checkpoints, vessel boarding and...more

Update on Significant DOT, FAA and Other Federal Agencies’ Aviation-Related Regulatory Actions - November 2015

This edition of the Cozen O’Connor Aviation Regulatory Update discusses the Justice Department’s antitrust lawsuit against United Airlines and Delta Air Lines seeking to block the carriers’ proposed slot swap at Newark, DOT’s...more

CBP Announces the Expansion of Global Entry to UK Citizens

Registration begins December 3. On November 3, the US Customs and Border Protection (CBP) commissioner announced the expansion of Global Entry to UK citizens. Global Entry, a CBP Trusted Traveler program, allows for...more

Trade & Manufacturing - November 2015

Little Used House Procedure Saves the Ex-Im Bank - Who would have guessed that congressional supporters of the Export-Import Bank (Ex-Im) would have used a House procedure established over 100 years ago, and not used...more

Trade & Manufacturing - News of Note - November 2015

GSP Program Review Results in Changes to Covered Products and Countries - In late September, the Office of the United States Trade Representative announced the outcome of the Generalized System of Preferences (GSP)...more

FCC Form 740 Importation Filings for Radio Frequency Devices Will Be Temporarily Suspended Late Next Year

Imported Radio Frequency (RF) devices must be compliant with the Federal Communications Commission’s (FCC or Commission) equipment authorization rules, but importers can look forward to some relief in their paperwork next...more

CBP Announces the Expansion of Global Entry to UK Citizens

US Customs and Border Protection (CBP) Commissioner R. Gil Kerlikowske announced an expansion of the Global Entry program to include UK citizens at the World Travel Market in London. UK citizens can register beginning...more

Environmental Notes - October 2015

In a significant setback for the Obama Administration, the U.S. Court of Appeals for the Sixth Circuit has temporarily blocked implementation of the Clean Water Rule issued jointly by EPA and the U.S. Army Corps of Engineers...more

You Can Check Out Anytime You Want, But You Can Never Leave: FDA Import Detentions and Recommendations to Minimize Delays

In The Eagles’ song, “Hotel California,” Don Henley sings, “You can check out anytime you want, but you can never leave.” Life science companies can try to import all they want, but that doesn’t mean the products will make it...more

Exercise Extra Care When Importing Goods Subject to Antidumping and Countervailing Duties

Importing goods into the United States can provide risks. As the importer of record, the importer is solely responsible for the payment of all duties and taxes due on the imported merchandise, which includes the payment of...more

EPA Proposes Revisions to Hazardous Waste Import-Export Rules

On October 19, 2015, the United States Environmental Protection Agency (EPA) proposed significant modifications to rules governing the export and import of hazardous waste. The proposal would affect transboundary shipments...more

CBP Expands Information Sharing Procedures to Help Detect Counterfeit Merchandise

Effective October 19, 2015, U.S. Customs and Border Protection (CBP) implemented a final rule expanding CBP’s information sharing procedures with importers and trademark owners with respect to merchandise suspected of bearing...more

Copyright and Trademark Protection for Your Logo Artwork

Trademark owners should consider applying to register copyright rights in their logo artwork, in addition to trademark registration. A logo may qualify for a copyright registration if it is sufficiently original and...more

The Importance Of A Trademark Registration In A Global Economy

A trademark registration is an important asset in a global and online economy. Owning a trademark registration can increase a company’s value to potential investors or purchasers, allow a company to secure rights in a mark...more

Sonoran Desert Tortoise Not Endangered or Threatened Says FWS

The United States Fish and Wildlife Service determined on October 5, 2015 that the Sonoran Desert Tortoise, found primarily in Arizona, does not qualify as either an endangered or threatened species under the Endangered...more

CBP Offers IP Owners Better Tools for Combating International Counterfeits

Next month, intellectual property owners will have the benefit of a permanent federal rule that provides for the disclosure of information essential to blocking counterfeit goods from invading the domestic market. The rule,...more

EPA Proposes Changes To RCRA Hazardous Waste Export And Import Regulations

Prompted by a 2013 Commission for Environmental Cooperation (CEC) report on hazardous waste exports from the U.S. and changes to the 2001 Organization for Economic Cooperation and Development’s (OECD) Council Decision for...more

A Potential Federal Government Shutdown: The Immigration Implications for Employers

Congress has until September 30, 2015 to reach an agreement on the 2016 Fiscal Year federal budget. If an agreement to fund the federal government is not reached, immigration processes are expected to be impacted as they were...more

CBP Updates Timeline for Mandatory Use of ACE

U.S. Customs and Border Protection (“CBP”) recently released an updated timeline for the mandatory use of the Automated Commercial Environment (“ACE”). Customs has been working with partner government agencies and the trade...more

Another Potential Federal Government Shutdown: Consequences for Immigration Application Processing

Congress is currently at a budget standoff that threatens to shut down the federal government for the second time in two years, effective September 30, 2015 at midnight, the start of the new fiscal year. As with the last...more

U.S. Customs and Border Protection Expands Scope of Counterfeit Information to Which Trademark Owners Are Entitled

U.S. Customs and Border Protection (CBP) published a final rule on September 18, 2015, that implements procedures for sharing information about imported merchandise with trademark owners for purposes of determining whether...more

Debunking the Snowbird ’30-Day Rule’

A recent blog entry summarized some misconceptions about the immigration rules for snowbirds and other long-term or frequent visitors to the United States, centered around the person’s annual day count (days of presence) in...more

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