Imports

News & Analysis as of

CIT Contains “Parts of” Provisions

On January 21, 2016, the Court of International Trade (CIT) agreed with Customs and Border Protection (CBP) and held that Container Store storage units were properly classified as base metal mountings in heading 8302 of the...more

ITC Section 337 Update – February 2016

Commission and Align Technology Petition for Rehearing En Banc in ClearCorrect - On January 27, 2016, the U.S. International Trade Commission (“Commission”) and Align Technology, Inc. petitioned for rehearing en banc in...more

FDA Places Ban on Import of GE Salmon

Reversing course from the end of 2015, FDA recently announced an import ban on genetically engineered (GE) salmon until such a time as comprehensive labeling guidelines are introduced. Despite FDA’s approval of GE salmon in...more

Further Changes to Cuba Sanction Regulations Open Opportunities for Agribusiness

On January 26, 2016, the Obama administration announced changes to Cuba sanction regulations, further building on the past year’s historic beginning of normalization of relations between the two countries. For the first...more

ClearCorrect: ITC and Patentee Align Submit Petitions for Rehearing En Banc, Asking Federal Circuit to Reconsider Whether the ITC...

On January 27, 2016, the International Trade Commission (ITC) formally requested a rehearing en banc of a November 10, 2015, Federal Circuit panel decision in ClearCorrect Operating, LLC v. ITC. The Federal Circuit’s panel...more

Year in Review: The Most Popular Blog Posts of 2015

As 2016 begins and IP strategies are being developed for the new year, it is a good time to reflect on what IP issues were prominent in 2015. According to the many readers of Global IP Matters, hot topics included navigating...more

U.S. Lifts Some Iran Sanctions, But Robust Restrictions Remain

U.S. trade relations with Iran took a significant turn on Saturday, January 16, 2016, with the dawning of Implementation Day under the Joint Comprehensive Plan of Action ("JCPOA"), in furtherance of which the U.S. took, or is...more

U.S. Government Licenses Certain Iran-Related Transactions Conducted by Foreign Subsidiaries of U.S. Companies

On January 16, 2016, the International Atomic Energy Agency verified that Iran had carried out its nuclear commitments under the Joint Comprehensive Plan of Action (“JCPOA”), triggering reciprocal obligations by the United...more

“Implementation Day” Arrives, Triggering Relaxation of US Sanctions against Iran

The impact of Implementation Day will vary depending on whether you are a US Person, a US-owned or controlled Foreign Entity, or a Foreign Person with no US nexus—what’s your status? ...more

Iran Sanctions: What is Prohibited or Licensable for EU Businesses?

Despite the easing of sanctions on Iran on 16 January under the Joint Comprehensive Programme of Action (JCPOA), some prohibitions and licensing requirements continue to apply to EU businesses. These are summarised below,...more

New Antidumping and Countervailing Duty Petitions on Certain Biaxial Integrated Geogrid Products from China

On January 13, 2016, Tensar Corporation (Tensar) filed antidumping (AD) petitions with the U.S. Department of Commerce (DOC) and U.S. International Trade Commission (ITC) regarding certain biaxial integral geogrid products...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

Solar Installer Update: Commerce Issues Preliminary Results in the 2nd Administrative Review of 2012 Antidumping and...

On January 8, 2016, the U.S. Department of Commerce (through its International Trade Administration or ITA office) published a notice of Preliminary Results in the 2nd annual Administrative Review for the 2012 and...more

LNG in Europe: An Overview of European Import Terminals in 2015

This report focuses on a specific aspect of the liquefied natural gas (LNG) supply chain: the import facility. LNG import facilities are the final destination of LNG carriers and where LNG is returned to a gaseous state so...more

Important Decisions Reached in Nairobi at the WTO’s 10th Ministerial Conference

On December 19, the World Trade Organization (WTO) concluded its 10th Ministerial Conference in Nairobi, Kenya. The Ministerial Conference, which typically is held every two years, is a meeting of the decision-making body of...more

False Marking Alert: Could International Product Sales, Shipments, Or Manufacturing Land You In Prison?

Do you manufacture, ship, or sell products abroad that contain the ® trademark registration symbol on the products, labels, or packaging? If so, did you know that you may face criminal liability, imprisonment, fines, seizure...more

Argentina Lifts its Currency Exchange, Exports, and Imports Restrictions

Mr. Mauricio Macri was sworn-in as President of Argentina on December 10, 2015. Four business days after taking office, Mr. Alfonso Prat-Gay, the new Minister of Finance, announced the fulfilment of the campaign promise to...more

New sanctions affecting import from Russia to Ukraine

The Cabinet of Ministers of Ukraine (the CMU) has been vested with the authority to introduce special measures against aggressor states and/or occupier states in accordance with the amendments to the Law of Ukraine “On...more

Violation of ITC Consent Order Can Be Based on “Infringement” of Invalid Claims - DeLorme Publishing Co. et al. v. Int’l Trade...

Reviewing the International Trade Commission’s (ITC or Commission) finding of a violation of a consent order, a divided panel of the U.S. Court of Appeals for the Federal Circuit concluded that a subsequent finding that the...more

ITC Confirms a Section 337 Violation May be Based on Discontinued Accused Products

On occasion, the allegations in a patent-based a section 337 investigation will apply the asserted patent(s) against an accused product that, by the time the investigation concludes, has been discontinued. This is...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

Kyiv Tax Newsletter - December 2015

Additional import charge to be abolished as of 1 January 2016 - The Law “On Promotion of Foreign Economic Activities” was adopted by the Verkhovna Rada of Ukraine on December 24, 2015. After the President signs the law,...more

New OFAC General License Will Facilitate Trade with Burma

A new general license issued by the Department of the Treasury’s Office of Foreign Assets Control (OFAC) will make it easier to transport goods between the United States and Burma....more

US CHINA TRADE WAR–DAMAGE CAUSED BY AD ORDERS, TRIUMPH AND TRAGEDY OF TAAF, TPP DEVELOPMENTS, NEW TRADE/CUSTOMS LAW

Attached is the first half of the December blog post, which covers the collateral damage caused by US Antidumping Orders on downstream US production by the numerous antidumping orders against raw material inputs from China,...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

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