Customs and Border Protection

News & Analysis as of

CBP Requesting Comments on Collection of Trusted Trader Information

On Monday, August 31, 2015, U.S. Customs and Border Protection (CBP) announced it will be collecting comments on the draft application for its Trusted Trader Program (the Program). CBP invites the general public and other...more

L-1B Specialized Knowledge Visa Category Guidance Goes into Effect August 31, 2015: Brave New World?

While the L-1B Adjudications Policy Memorandum published by United States Citizenship and Immigration Services on August 17, 2015, effective as of August 31, 2015, has many positive components, petitioners and practitioners...more

Attention Exporters: C-TPAT Web Portal Updated Adding Exporter Application

The Customs-Trade Partnership Against Terrorism (C-TPAT) certification program is a voluntary government program through which importers and exporters can agree to implement and maintain a set of predetermined supply chain...more

Age is Just a Number: Ninth Circuit Ruling in Age Discrimination Case Adopts Seventh Circuit’s “Rebuttable Presumption” Approach...

On August 3, 2015, the U.S. Court of Appeal for the Ninth Circuit issued a decision in France v. Johnson, holding that an average age difference of less than 10 years between an Age Discrimination in Employment Act (ADEA)...more

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

This edition of the Cozen O’Connor Aviation Regulatory Update discusses DOT’s launch of an investigation of alleged price gouging by airlines following Amtrak train service disruption in the Northeast Corridor, the agency’s...more

USCIS Final Guidance on L-1B Adjudications Offers Some Comfort—But No Cure—for Employer Concerns

On August 17, 2015, U.S. Citizenship and Immigration Services (USCIS) released a policy memorandum aiming to clarify the standard required for L-1B specialized knowledge visas. The memorandum notably begins by reminding...more

Consumer Product Safety Commission Approves Test Program: Electronic Filing of Certificates of Compliance

This week the Consumer Product Safety Commission voted to approve a test program to assess the electronic filing of certificates of compliance at entry in coordination with U.S. Customs and Border Protection. With the idea...more

US, Canada, and Mexico to Expand Trusted Traveler Programs

The Department of Homeland Security (DHS), Public Safety Canada, and the Secretariat of Governance of Mexico announced the planned expansion of the existing trusted traveler programs. This expansion is the first step toward...more

Renewal of the Generalized System of Preferences (GSP) – How U.S. Importers Can Take Advantage of Significant Duty Savings Under...

The Generalized System of Preferences (GSP), a unilateral U.S. preferential trade program recently renewed by Congress, offers substantial duty savings for U.S. importers of qualifying merchandise. The GSP is intended to aid...more

GSP Refunds Clarified

While the oft-rumored Federal Register notice has yet to be seen, Customs and Border Protection (CBP) did publish information about obtaining refunds under the now reinstated Generalized System of Preferences (GSP)....more

United States Extends Trade Preference Programs, Continues to Monitor South Africa's Compliance with Commitments on Imports of...

On June 29, President Obama signed the Trade Preferences Extension Act of 2015 and extended key preferential trade programs with many of the world's developing economies. These programs include the Generalized System of...more

Have You Requested a Refund on Your Imports Under GSP?

Background - Effective July 29, 2015, through the Trade Preferences Extension Act of 2015, Congress extended the duty-free treatment under the Generalized System of Preferences (GSP) through December 31, 2017. The GSP...more

“The White Sauce” Decision (International Custom Products, Inc. v. United States) Highlights Importance of Administrative...

The Court of Appeals for the Federal Circuit decision, International Custom Products, Inc. v. United States, 2015 U.S. App. LEXIS 11170 (Fed. Cir. June 30, 2015), was ten years in the making and provides a stern lesson for...more

Trade Preference Programs Get New Life

On June 29, 2015, the Trade Preferences Extension Act of 2015 became Public Law No. 114-27. As a result, the Generalized System of Preferences (GSP) was extended to December 31, 2017, with retroactive effect to July 31, 2013...more

EU Customs Practice Group - June 2015

EU CUSTOMS POLICY - Union Customs Code Developments It has become clear that there are further delays in finalising the draft Union Customs Code (UCC) Implementing and Delegated Acts within the Commission, in light of a...more

Mobile Passport Control Expands to SFO

US Customs and Border Protection announced the expansion of the Mobile Passport Control Program (“MPC”) to San Francisco International Airport (SFO). MPC is now available at SFO, Atlanta’s Hartsfield-Jackson International...more

And Up to Twenty Years in Prison: The Criminalization of US Customs Violations

The United States’ traditional reliance on only civil penalties against trade violators is changing. During the past several years, the US government has increasingly brought criminal charges against alleged violators, both...more

US CHINA TRADE WAR JULY 2015 TPA, TPP, TRADE POLICY, TRADE AND CUSTOMS

Because of the substantial activity in May, June and July with the passage of Trade Promotion Authority (“TPA”) and the ongoing Trans Pacific Partnership (“TPP”) negotiations, this blog post is being split into two parts. ...more

Trade & Manufacturing - July 2015

In This Issue: - Update on Trade Promotion Authority and Companion Trade Bills: A Lot Can Happen In Washington In 34 Days - Congress Allows Export-Import Bank Charter to Expire, for Now - WTO Finds That COOL Is...more

Washington’s NFL Team and U.S. Customs

Last week the NFL franchise that plays football near — but not in — our Nation’s Capital, was dealt another significant legal and public relations blow that would have any rational brand owner working overtime on its...more

Global Risk and Compliance: Q&A with Katherine Peavy

CREATe is delighted to announce the addition of Katherine Peavy to our team of experts. Katherine is a global compliance executive with more than 15 years’ experience in China managing multicultural teams to implement...more

Do You Deserve a Refund from US Customs? Tariff Refunds Soon Available for Certain Imported Goods as Congress Acts on Generalized...

On June 29, 2015, President Obama signed into law the Trade Preferences Extension Act of 2015 (HR 1295). Among other actions, the law revives the Generalized System of Preferences (GSP) program, a trade preferences program...more

New Trade Legislation Extends Key Duty-Free Tariff Programs, Provides Opportunity for Businesses to Recoup Over $1 Billion In...

On June 29, President Obama signed into law the Trade Preferences Extension Act of 2015 (“the Act”). This legislation extends certain U.S. trade preference programs through which the United States grants duty-free treatment...more

Update on Trade Promotion Authority and Companion Trade Bills: A Lot Can Happen In Washington In 34 Days

As we reported last month, quick-strike action by the Senate on May 22 to pass Trade Promotion Authority (TPA) included within the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (the Trade Act of...more

Reauthorization of GSP may allow refund of two years of import duties

On June 29, 2015, almost two years after it was allowed to lapse, President Obama renewed the Generalized System of Preferences (GSP) trade program. GSP allows duty-free imports into the United States of qualifying goods from...more

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