Customs and Border Protection

News & Analysis as of

CIT Contains “Parts of” Provisions

On January 21, 2016, the Court of International Trade (CIT) agreed with Customs and Border Protection (CBP) and held that Container Store storage units were properly classified as base metal mountings in heading 8302 of the...more

Exceptions to Restrictions - Using the Visa Waiver Program (VWP)

In our last post, we discussed the Visa Waiver Program Improvement and Terrorist Prevention Act of 2015 (the “Act”). It prevents a citizen of one of 38 VWP countries (Australia, Italy, Japan, Switzerland, etc.) who is also a...more

Update to New U.S. Visa Waiver Program Changes

Further details have emerged regarding new U.S. rules restricting use of the Visa Waiver Program (VWP) for dual nationals of Iran, Iraq, Syria and Sudan, as well as individuals who have traveled to these countries within the...more

Foreign Supplier Verification Programs and Customs Compliance: Three Key Facts Companies Need To Know

On November 27, 2015, the Food and Drug Administration (FDA) published the final rule on Foreign Supplier Verification Programs (FSVP) for Importers of Food for Humans and Animals under the FDA Food Safety Modernization Act...more

Travel to the United States in 2016: The Year of Fear – Restrictions on the Visa Waiver Program (VWP) ESTA

On January 21, 2016, the United States began implementing changes under the Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015. Nationals of Visa Waiver Program countries who have traveled to...more

CBP releases FAQ on Visa Waiver Program: Rule Changes

On December 18, 2015, President Obama signed the “Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015” into law. On January 21, 2016, the Department of Homeland Security (DHS) and Department of State...more

Trade & Manufacturing - News of Note - January 2016

United States Repeals Country of Origin Labeling Legislation, Avoiding Retaliation - On December 18, President Obama signed a bill that repealed legislation requiring country of origin labeling (COOL) on beef and pork...more

The Powerball Jackpot and the Border

To all you aspiring billionaires: If you are attracted by the $1.5 billion Powerball jackpot taking place this Wednesday, you are among a great number of peers – but please don’t throw away your dream by taking your...more

Legal Trends: International Trade

The TPP is an ambitious economic and free trade agreement between Canada and 11 other countries — including the United States, Australia and Japan — who represent one-third of all international trade and over 775 million...more

The Value of Integrated IP Protections and Enforcement Strategies to Stem the Importation of Counterfeit Goods (Part 1)

In today’s world of rapidly changing products, as well as what seems to be an ever increasing number of ways to produce counterfeit and/or infringing products, manufacturers need to be proactive in preventing and stopping...more

Federal Court Sets Strict Standards for Bringing Customs Penalty Cases

In United States v. Nitek Electronics, Inc., decided December 1, 2015, the U.S. Court of Appeals for the Federal Circuit upheld a U.S. Court of International Trade decision that limited the government’s powers in seeking to...more

Proposed Changes to Visa Waiver Program, Enhanced Security Measures Will Impact Airlines

The White House is proposing changes to the Visa Waiver Program (VWP) as well as enhanced security measures that would tighten the entry requirements for U.S.-bound alien travelers. Under VWP, travelers from 38 countries may...more

EB-5 Investors: Expect More Hassles Entering the United States

The recent attacks in Paris and San Bernardino are going to result in an increase in security checks for visa applicants at U.S. consular posts. We also anticipate Congress to at least review the Visa Waiver Program for...more

Australia Border “SmartGate” Program Expands to US Citizens

USCBP announced today, December 2, that Australia has expanded its trusted traveler program “SmartGate” to U.S. Citizens with ePassports. Previously the country had limited access to SmartGates to Global Entry card holders....more

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

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