Importers

News & Analysis as of

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

CPSC Will Launch Electronic Filing System Pilot Program for Imported Products

Last week, the Consumer Product Safety Commission (CPSC) approved a pilot program to test an electronic filing system that will require importers to submit data electronically for imported consumer products. The filing system...more

Australian Infrastructure – The Challenges to 2031

Released in May 2015 by Infrastructure Australia, the Australian Infrastructure Audit examines our asset base and sets out the needs and challenges facing the Australian infrastructure sector and its participants over the...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

Health Canada Releases Guidance for Industry on Its Reporting Obligations

Recently, Health Canada released guidance to help companies understand their reporting obligations under section 14 of the Canada Consumer Product Safety Act, which requires that sellers, distributors, importers, and...more

OSHA Directive on Inspection Procedures for the Hazard Communication Standard

OSHA has just announced a compliance Directive on “Inspection Procedures for the Hazard Communication Standard,” CPL 02-02-079 (July 9, 2015)....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

Congress Passes Bill to Reinstate Generalized System of Preferences (GSP) – Opportunities to Seek Refunds; Support or Oppose...

Congress has recently passed the Trade Preferences Extension Act of 2015, which renewed the Generalized System of Preferences, the U.S. trade program that promotes economic growth in the developing world, allowing for nearly...more

Export Control Reform Roundup – Overview of Recent Developments

In This Issue: - I. BIS and DDTC Publish Their Respective Proposed “Bookend” Controls on Toxicological Agents and Directed Energy Weapons - II. BIS and DDTC Publish Their Respective Proposed “Bookend” Definitions...more

The Briefly Open Door: GSP Reauthorization Gives Importers Fleeting Opportunity to Recover Overpaid Duties

On June 29, the President signed into law the Trade Preferences Extension Act of 2015, reauthorizing the Generalized System of Preferences (GSP) and making its reauthorization apply retroactively. The White House has touted...more

CBSA Updates its 2015 Trade Verification/Audit Targets

This month, the Canada Border Services Agency (CBSA) updated its customs compliance verification priorities for 2015. Trade program verifications of tariff classification, customs valuation and origin are not limited to...more

FDA Releases Draft Guidance on its Voluntary Qualified Importer Program

On June 5, 2015, the Food and Drug Administration (FDA) announced the publication of its Draft Guidance on its Voluntary Qualified Importer Program (VQIP). The FDA is establishing VQIP to enable the expedited review and...more

FDA Releases Draft Guidance on Voluntary Qualified Importer Program

The FDA announced last week the release of a draft guidance that outlines FDA’s plan to implement the Voluntary Qualified Importer Program (VQIP) mandated under the Food Safety Modernization Act (FSMA). The draft guidance...more

Quantify Versus Quality Determines Domestic Industry - Lelo Inc. v. International Trade Commission

The U.S. Court of Appeals for the Federal Circuit reversed a finding by the U.S. International Trade Commission (ITC) of a violation of § 337, concluding that the Commission’s use of a qualitative analysis could not meet the...more

HCS: OSHA Publishes Interim Enforcement Guidance for the Hazard Communication Standard

On May 29, 2015, the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) published the "Interim Enforcement Guidance for Hazard Communication 2012 (HCS 2012) June 1, 2015 Effective Date" (Interim...more

Informed Compliance Period Comes to Its Imminent End for Importer Security Filing

CBP will be increasing enforcement of violations effective May 14, 2015. On May 14, the informed compliance period for Importer Security Filing (ISF) will come to an end and Customs and Border Protection (CBP) will...more

EPA Embarks on First Major Rulemaking to Guide Regulation of Nanoscale Materials and Products

After almost a decade of study and input from stakeholders, the U.S. Environmental Protection Agency (“EPA”) has proposed first-time reporting requirements under the Toxic Substances Control Act (“TSCA”) for manufacturers,...more

Skechers, Cost Sharing Arrangements, and Canadian Customs Appraisal

In the first three months of 2015, importers have witnessed major Canadian customs valuation law and policy changes. On January 19, 2015, the Canada Border Services Agency (CBSA) issued Customs Notice 15-001, “Treatment of...more

CBSA CLVS Seizure Policy Targets Exporters and Ups the Ante on Non-Resident Importers

Background to the Courier Low Value Shipment (CLVS) Program - When goods are purchased through e-commerce or mail order, conventionally Canadian consumers or non-resident importers (i.e., the exporters in most cases)...more

Add Importers to Those Facing Expanding Whistleblower Claims under the False Claims Act

On February 12, 2015, the Department of Justice (DOJ) announced that three U.S.-based importers had agreed to pay more than $3 million to resolve a lawsuit brought by the United States under the False Claims Act (FCA)...more

US China Trade War–Developments in Trade, Trade Politics, Patents/IP, Antitrust and Securites

On January 11thth, I put up my last post stating that because of its length, I have broken up the post into two parts. This February post includes a Trade, Customs and IP update with longer sections on Antitrust and...more

Federal Circuit Hears Oral Arguments in Suprema, Inc. v. International Trade Commission Rehearing en banc

Court considers whether the U.S. International Trade Commission has authority over allegations of induced infringement and infringement of method-of-use claims by importers. Procedural Background - Suprema v....more

CBP Holds “Misidentified” Importer Liable for 216% of Antidumping Duties

In late 2014, U.S. Customs and Border Protection denied an importer of record’s protest that claimed that it was incorrectly held liable for the payment of antidumping duties assessed on furniture from the People’s Republic...more

Canadian Customs Authority Shifts Gears on Import Duty Refunds

The CBSA has made a long-sought-for change in its policy to allow duty refunds in the event of qualifying downward transfer price adjustments by importers. The change comes on the heels of victory by Bennett Jones in a test...more

Canadian Importers May Now Seek Import Duty Refunds

Since the introduction of the Transaction Value System of customs valuation by Canada on January 1, 1985, the Canada Border Services Agency (CBSA) has maintained a stated policy of denying refund claims of related party...more

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