Customs and Border Protection Imports

News & Analysis as of

Interim Regulations Issued on Investigations of Evasion of Anti-Dumping and Countervailing Duties

The anti-dumping (AD) and countervailing duty (CVD) laws provide companies that manufacture products in the United States with a remedy for the injury caused by imports of products that are dumped (i.e., sold at unfairly low...more

New Import Regulations Signal Increased Enforcement Against Duty Evasion

U.S. Customs and Border Protection (CBP) has issued new interim regulations to remedy and penalize evasion of antidumping and countervailing duties (AD/CVD) orders. The regulations, which became effective August 22, 2016,...more

Corporate Supply Chains and the Elimination of the Consumptive Demand Exception

President Obama signed the Trade Facilitation and Trade Enforcement Act of 2015 into law in February of this year. In doing so, he eliminated the “consumptive demand exception,” a long-standing loophole in the general...more

CBP’s New Task Force and the Long Road Ahead to Trade Law Enforcement

Earlier this month, U.S. Customs and Border Protection (“CBP”) announced the establishment of a Trade Enforcement Task Force within its Office of Trade. According to the CBP, the Task Force is designed to “further protect...more

Trade & Manufacturing - May 2016

Relief from Unfair Imports of Plastic Retail Carrier Bags to Continue for Five More Years - On April 27, the International Trade Commission (Commission) issued the public views of its unanimous determination in favor of...more

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

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

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

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

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 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

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

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

New U.S. Trade Law Exposes Importers to Duty Evasion Allegations and Targets Currency Manipulation, Among Other Changes

This week Congress amended U.S. customs law to create new risks and opportunities for companies importing goods into the United States. Most significantly, the Trade Facilitation and Trade Enforcement Act (TFTEA) will...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

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

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

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

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