Customs and Border Protection

News & Analysis as of

A New Way to Reduce Your Tariffs? House Ways & Means Committee Takes a Step Forward

The House Ways & Means Trade Subcommittee held a hearing on April 14, to consider a new process for the Miscellaneous Tariff Bill (MTB), which temporarily reduces or eliminates tariffs on qualifying imported products. The...more

Innocents Abroad: Emergency at the Border—Key Considerations

What an afternoon! When Winston Wild’s manager called me, indicating that he was detained at Pearson International Airport, we did not know what to do, which is why I called you. Thank you for calling Winston Wild so...more

US Customs and Border Protection detention orders on products produced by forced labor in China

US Customs and Border Protection (CBP) recently issued two nationwide orders instructing US ports of entry to detain certain products produced by forced labor in the People’s Republic of China (China). The first order, issued...more

Canada/US Policy Scan 2016

Earlier this year, US President Barack Obama welcomed Canadian Prime Minister Justin Trudeau and his delegation, the first official visit by a Canadian PM to the US in nearly two decades. By mid-summer of this year, the two...more

Trade & Manufacturing - April 2016

President’s Trip to Cuba Accompanied by Expanded Treasury and Commerce Regulations - On March 20, President Obama arrived in Cuba for an historic visit, marking a significant step in the Obama Administration’s efforts to...more

Commerce Finds Dumping Of Hot-Rolled And Cold-Rolled Steel Imports

In March, the U.S. Department of Commerce (Commerce) announced its affirmative preliminary determinations in antidumping (AD) investigations involving certain hot-rolled and cold-rolled steel products. The hot-rolled AD...more

TFTEA – Export Focus

In earlier editions of our Alert, we first summarized the new law, then addressed the intellectual property rights changes it contained, and most recently covered the organizational structure. Now, we turn to the export...more

CBP Ramps Up Enforcement Efforts With “Live Entry” Requirements for Steel Imports Subject to AD/CVD Orders

Customs and Border Protection (CBP) recently initiated a new effort to enforce and deter duty evasion on imports of steel products subject to antidumping (AD) and countervailing duty (CVD) orders. The new “live entry”...more

TFTEA – CBP Organizational Structure

Among its many provisions, the Trade Facilitation and Trade Enforcement Act (“TFTEA” or the “Act”), H.R. 644, formally establishes U.S. Customs and Border Protection (“CBP”) as a department within Homeland Security (“DHS”)....more

New Customs Law and Intellectual Property Rights

On February 24, 2016, President Obama signed into law the Trade Facilitation and Trade Enforcement Act of 2015, PL 114-125 (TFTEA), which includes an assortment of trade facilitation and trade enforcement provisions,...more

US Customs Bill Addresses Trade Remedy Enforcement, IPR Protection and US Trade Agreements

On February 24, 2016, President Obama signed into law the Trade Facilitation and Trade Enforcement Act ("the Act"), which covers, inter alia, US trade remedy law enforcement, intellectual property rights (IPR) protection by...more

New Customs Bill Becomes Law

On February 24, 2016, H.R. 644 was signed into law by the President. While yet another trade-related bill was signed without any public ceremony, this new law contains a number of timely provisions. The first section deals...more

Innocents Abroad: Business Traveler Troubles

At 4:50 p.m. today, one of our top software developers, Ben Bedraggled, stumbled into my office. He dropped his suitcase and computer bag on the floor and slumped into a chair looking like he had been on an airplane for...more

Trade Facilitation and Trade Enforcement Act Enhances U.S. Intellectual Property Protections

Substantive changes to IP protection in the recently signed Trade Facilitation and Trade Enforcement Act of 2015 (the Act) may be advantageous to U.S. IP owners. However, many of the Act's enforcement tools still need to be...more

ITC Section 337 Update – March 2016

BriarTek IP, Inc. Petitions for Writ of Certiorari - On February 10, 2016, BriarTek IP, Inc. filed a petition for writ of certiorari to review a judgment of the United States Court of Appeals for the Federal Circuit that...more

After WTO Battle, USDA Issues Final Rule Lifting Pork and Beef COOL Requirements

Today, following a protracted legal battle at the WTO, USDA issued a final rule removing mandatory Country of Origin Labeling (COOL) requirements for muscle cut and ground beef and pork. Beginning in 2008, Canada and...more

Congress Approves Customs Bill

On February 24, President Obama signed into law the Trade Facilitation and Trade Enforcement Act of 2015 (H.R. 644), which the Senate had passed earlier in February by a 75-20 vote and the House passed in December 2015 by a...more

Congress Passes the Customs Reauthorization Bill

Last week the U.S. Congress passed the Trade Facilitation and Trade Enforcement Act of 2015, also known as the Customs Reauthorization Bill. The Bill, which we expect to be signed by the President, will update U.S. Customs...more

The Value of Integrated IP Protections and Enforcement Strategies to Stem the Importation of Counterfeit Goods: Part 2 of 2

Part 1 of this blog discussed the advantages of a proactive and integrated IP protection strategy. Here, in Part 2, we address the benefits and weaknesses of the various IP protections and provide one example of a cohesive...more

Customs Bill Strengthens Trade Enforcement

On February 11, 2016, the Senate passed the Trade Facilitation and Trade Enforcement Act of 2015 (H.R. 644) by a 75-20 vote. After passing the House of Representatives in December 2015, Senate action was delayed after a...more

Senate Passes Enforce And Protect Act Of 2015 Creating A New Avenue To Combat Evasion Of AD/CVD Duties

On February 11, 2016, the Senate passed the Trade Facilitation and Trade Enforcement Act of 2015 (H.R. 644) by a 75-20 vote, which previously passed the House on December 11, 2015 by a 256-148 vote. President Obama has...more

Global Entry Eligibility Expanded to All Citizens of Germany

In a notice published today (February 16, 2016) in the Federal Register, with an effective date today, US Customs and Border Protection (USCBP) announced that it is extending Global Entry eligibility to all citizens of...more

The Trade Facilitation and Enforcement Act of 2015 Is on its Way to the President’s Desk

Last Thursday, the U.S. Senate voted 75-20 to agree to the conference report on H.R. 644, the Trade Facilitation and Enforcement Act of 2015 (the “Act”) sending the legislation to President Obama’s desk for enactment. The Act...more

U.S. Congress Finally Eliminates the Consumptive Demand Exception

On February 11, the U.S. Senate passed the Trade Facilitation and Trade Enforcement Act and President Obama is expected to sign the legislation this week. A key provision in the Act eliminates the “consumptive demand...more

ACE Deadline Reminder for Imports and Exports

On February 28, 2016, those involved with imports and exports are preparing to undergo a major transition. As of that date, all entries must be filed using the new Automated Commercial Environment (ACE) system. ACE not only...more

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