News & Analysis as of

Customs and Border Protection

Customs and Border Patrol Issue New Rules for Searching Devices at Borders

We previously reported that U.S. Customs and Border Patrol (CBP) have been stopping U.S. citizens at the borders of the United States and demanding passwords for access to mobile devices. According to CBP, 19,051 mobile...more

Hold That Call International Travelers: CBP Doubles Down on Airport Searches of Electronic Devices

Many international travelers express surprise when, after arriving at LAX, JFK or other US airports or land borders, the US Customs and Border Protection (CBP) officer directs them to hand over their smartphone, laptop or...more

Trademark Practice Update: Scandalous? Immoral? It's all Good

On December 15, 2017, the U.S. Court of Appeals for the Federal Circuit held that the Lanham Act’s prohibitions on registering scandalous and immoral marks discriminated based on content, and violated the First Amendment (In...more

Chemical Duties: Federal Circuit Affirms Decision Of U.S. Court Of International Trade

by Fox Rothschild LLP on

In a customs classification case, Chemtall, Inc. v. United States, the U.S. Court of Appeals for the Federal Circuit affirmed a U.S. Court of International Trade (“CIT”) ruling that the vinyl polymer acrylamide tertiary butyl...more

USCIS Shifts in Stance for TN Economist Category

by Faegre Baker Daniels on

U.S. Citizenship and Immigration Services (USCIS) issued a policy memorandum effective November 20, 2017, that narrows the scope of occupations that are eligible for TN status in the Economist category. TN work authorization,...more

TNs in Trouble? Responding to Recent Changes in the TN Economist Classification

by Cozen O'Connor on

USCIS has issued new guidance on the TN nonimmigrant classification for economists. Following a Policy Memorandum dated November 20, 2017, USCIS will no longer classify financial analysts, market research analysts, and...more

USCIS Restricts Eligibility for TN Economist Category

United States Citizenship and Immigration Services (USCIS) has issued a policy memorandum restricting Trade NAFTA (TN) nonimmigrant classification under the profession of Economist. USCIS advises that the TN Economist...more

EU Customs Developments: September-November 2017

by White & Case LLP on

EU Customs Policy - UCC Implementation and Delegated Act amendments - Amendments to the Union Customs Code (UCC) Delegated Regulation 2015/2446 are still under consideration, with various expert meetings having taken...more

U.S. Legislation Requires Enhancements to Modern Slavery Compliance Procedures to Address North Korean Labor Risks

by Ropes & Gray LLP on

On August 2, 2017, the Countering America's Adversaries Through Sanctions Act was signed into law in the United States. The CAATSA restricts entry into the United States of goods made with North Korean labor, wherever...more

U.S. Customs Determines Coffee Bean Country of Origin is Where Roasted

by Reed Smith on

Last month, U.S. Customs and Border Protection (“CBP”) published its final determination that the country where raw green coffee beans are roasted—not necessarily grown—is their country of origin for the purpose of government...more

ITC Continues Duties on Imports of Softwood Lumber From Canada

by Perkins Coie on

Significant antidumping and countervailing duties (AD/CVDs) on imports of softwood lumber from Canada will continue following the U.S. International Trade Commission (ITC) final affirmative injury determination made...more

CBP Takes Measures to Enforce Ban on Imports Made With Forced Labor and Sanctions for Forced North Korean Labor in Supply Chains

On November 22, 2017, Apple, Inc. (“Apple”) released a statement confirming reports that its major supplier in China, Foxconn Technology Group (“Foxconn”) has used illegal student labor to assemble the latest version of the...more

Say It Ain’t So Santa:  Court of International Trade Decision Increases Import Duties on Santa Claus Costume

by Kelley Drye & Warren LLP on

The Court of International Trade was not in the holiday spirit when it issued the decision in Rubie’s Costume Co. v. United States, Slip Op 17-147, which held that the imported Santa Claus suit cannot be considered a “festive...more

Possible Government Shutdown: Immigration Consequences For Employers And Their Foreign National Employees

by Fox Rothschild LLP on

If Congress cannot resolve FY2018 funding issues by December 8, 2017, it will result in another federal government shutdown. Such a shutdown will impact immigration services across a number of different government agencies,...more

Red Notice Newsletter - November 2017

ANTICORRUPTION DEVELOPMENTS – SBM Offshore N.V. Agrees to Pay $238 Million to Resolve DOJ FCPA Enforcement Action - On November 29, 2017, SBM Offshore N.V. (SBM), a Netherlands based company specializing in the...more

More Coffee Please: CBP Rules That Coffee’s Country Of Origin Is Determined By Where Beans Are Roasted — Not Where Raw Beans...

by Seyfarth Shaw LLP on

Seyfarth Synopsis: U.S. Customs & Border Protection recently issued a Final Determination that the coffee roasting process “substantially transforms” raw coffee for purposes of country-of-origin determinations and U.S....more

CBP Holds That Roasting Changes Coffee’s Country Of Origin

by Fox Rothschild LLP on

In a recently issued Final Determination, U.S. Customs and Border Protection (CBP) confirmed that the roasting of coffee beans substantially transforms the beans into a product of the country in which the beans were...more

Food & Beverage Litigation Update | November 2017#3

by Shook, Hardy & Bacon L.L.P. on

French Agency Finds Unlabeled Titanium Dioxide Nanoparticles in Food - The Direction générale de la concurrence, de la consommation et de la répression des fraudes (DGCCRF), a French agency for consumer affairs and fraud...more

Forced Labor and North Korean Workers: New Concerns for Importers

In Washington, D.C., the news this week focused on President Trump’s decision to designate (or redesignate) North Korea as a state sponsor of terrorism. For companies importing goods into the United States, developments this...more

Immigration Weekly Round-Up: Reconsideration of DACA Applications, Immigration Status in Court & Sanctuary Cities, ICE Enforcement...

– U.S. Citizenship and Immigration Services to Reconsider Delayed DACA Applications. When the Trump Administration announced in September that DACA would be ending, and that the final applications would be accepted no later...more

Santa Claus Costume Classified As “Fancy Dress” For Import Duty

by Fox Rothschild LLP on

Just in time for the holiday season, the U.S. Court of International Trade (“CIT”) recently held that certain components of a Santa Claus suit were of such quality that they should be subject to apparel duties, not the free...more

Company “Branding” and the Benefits of Federal Trademark Registration

Selecting and protecting your “brand” should begin from the very moment a business is in the process of being formed, whether that business is a sole proprietorship, partnership, corporation, limited liability company, or...more

DOC Announces Affirmative Final CVD Determination For Argentina And Indonesia

by Bergeson & Campbell, P.C. on

On November 9, 2017, the U.S. Department of Commerce (DOC) issued affirmative final determinations in the countervailing duty (CVD) investigations of imports of biodiesel from Argentina and Indonesia. Following a nine month...more

Brexit: IoT to the rescue?

by Womble Bond Dickinson on

For retailers, speed and efficiency in supply chains are paramount. With the possibility of a "hard" or "no deal" Brexit, retailers must adapt to a new operating environment. The UK government is exploring the potential for...more

Because We Can: Border Patrol Agent’s Presumed Authority To Search Your Electronic Devices

by Ifrah PLLC on

Getting past U.S. Customs used to be an annoyance, an aggravating delay. But unless you were attempting to bring into the country something untoward (say, a delightfully stinky French cheese), you were not overly concerned...more

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Cybersecurity

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