Imports

News & Analysis as of

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

FDA Releases Draft Guidance on its Voluntary Qualified Importer Program

On June 5, 2015, the Food and Drug Administration (FDA) announced the publication of its Draft Guidance on its Voluntary Qualified Importer Program (VQIP).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

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

CBP Offers to Negotiate With Foreign Customs on Exporters' Behalf

On June 18, 2015, U.S. Customs and Border Protection (CBP) announced in the Federal Register that it would be accepting “requests for assistance” from exporters who are dealing with valuation or classification issues with...more

Closing the U.S. Border Gates Against Infringing Imports

Could infringing imports be jeopardizing your intellectual property rights without your knowledge? U.S. Customs and Border Protection (CBP) may be a valuable resource to protect your registered U.S. trademarks and copyrights,...more

WTO’s Ruling Against India’s Ban on U.S. Agricultural Products May Finally Open Market for American Farmers

On June 4, 2015, the World Trade Organization (WTO) Appellate Body ruled in favor of the United States and affirmed the WTO dispute settlement panel’s findings that India’s ban on various U.S. agricultural products violates...more

California Fresh Garlic Producers Crack Chinese Scheme to Avoid Dumping Duties

On June 15th, the Department of Commerce (“Commerce”) issued the final results in the 19th Administrative Review of the antidumping order on fresh garlic from the China. During the review, Kelly Drye attorneys, on behalf of...more

AD/CVD Update

On June 3rd, U.S. steel producers ArcelorMittal USA LLC, AK Steel Corporation, Nucor Corporation, U.S. Steel Corporation, California Steel Industries (“CSI”) and Steel Dynamics, Inc. (“SDI”) filed antidumping and...more

Goods and Services Tax in Australia to Apply to Offshore Digital Supplies (and More)

Draft Goods and Services Tax (GST) legislation has been released which seeks to level the playing field by ensuring that digital products and services provided to Australian consumers are subject to GST, whether provided by...more

Department of Commerce Issues Preliminary Countervailing Duty Determinations on Uncoated Paper From China and Indonesia

For your information, the U.S. Department of Commerce (DOC) has issued preliminary countervailing duty (CVD) determinations on certain uncoated paper from China and Indonesia. ...more

Congress Sends Fast-Track Trade Authority Bill to the President, Invigorating Trans-Pacific Partnership Negotiations

After several weeks of legislative wrangling, congressional leaders will send a bill to President Obama this week to give him fast-track authority to negotiate a trade deal that will potentially govern 40 percent of U.S....more

Congress Still Debating Fast Track Trade Authority for Trans-Pacific Partnership Negotiations

Congressional leaders are working to find a way to pass legislation that would give President Obama fast-track authority to negotiate a trade deal that will potentially govern 40 percent of U.S. imports and exports. The Trade...more

Clarity Put on Hold as FTAIA Conflict/Confusion Continues

The Foreign Trade Antitrust Improvements Act (FTAIA) was enacted in 1982 to help achieve clarity in the application of U.S antitrust laws to international trade. More than 30 years since that effort, the FTAIA has not...more

IP/Unfair Comp. Case Applies Buckman

The very name “intellectual property law” suggests it’s not for us. There are episodes of The Simpsons that seem too complicated for our pretty little heads. Anything deemed “intellectual” scares us away. We usually race...more

President’s Bid for Fast-Track Trade Authority Fails, Stalling Trans-Pacific Partnership Efforts

On June 12, the House derailed legislation that would have given President Obama authority to negotiate, with limited interference from Congress, a trade deal that will potentially govern 40 percent of U.S. imports and...more

Compliance Officers Can Face Individual Liability for Corporate Importation Violations

Corporate officers and shareholders take note: personal liability for unpaid duties may result from material misrepresentations on import documentation even when the importer of record is a corporate entity. The corporate...more

FDA Finally Releases Initial Framework for Food Importation “VQIP”

As many readers of this blog know, the start of 2011 saw the enactment of a massive bill aimed at overhauling the nation’s food safety system to become more preventive instead of reactive to safety problems and illness...more

John Wiley & Sons, Inc. v. Kirtsaeng - USCA, Second Circuit, May 27, 2015

Second Circuit affirms denial of defendant’s request for attorneys’ fees in copyright infringement dispute, finding plaintiff pursued objectively reasonable litigation position, having previously prevailed in both district...more

European Parliament Votes To Continue Requiring Ethanol

On May 20, 2015, the European Parliament voted to reject a plan that would eliminate the requirement for import licenses of ethanol of agricultural origin. The plan was rejected with a vote of 486 to 164 amid concerns that...more

Be Careful What You Wish For!

This oft-stated warning is certainly true for those who engage in international trade. For many years, industry has complained to government about different agencies wanting different information at different times in the...more

ITC Section 337 Update - May 2015 #2

Federal Circuit Reverses Commission Determination Of Domestic Industry Economic Prong – On May 11, 2015, the Federal Circuit issued an Opinion in Lelo Inc. v. Int’l Trade Comm’n, 2013-1582 (Fed. Cir. 2015), reversing the...more

Transatlantic Trade and Investment Partnership ('TTIP') - The main points

What is TTIP? The Transatlantic Trade and Investment Partnership ('TTIP') is an ambitious trade and investment agreement currently being negotiated between the European Commission and the United States. The European...more

Patent Infringement in the Digital Age: How a Dispute About Tooth Aligners Led to a Fight About the ITC’s Jurisdiction over...

The International Trade Commission (“ITC”) is an “independent nonpartisan agency that investigates and reports to the President and Congress on matters concerning import trade, tariffs and trade agreements.” Shewmaker v....more

Japan makes significant changes to Consumption Tax Act – steps for offshore e-commerce providers

Japan’s National Diet has passed an amendment to the Consumption Tax Act which includes several important changes that especially affect offshore providers of e-commerce services in Japan. Change in cross-border...more

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