For over a decade, CBP has ruled that raw nuts imported into Mexico or Canada, that were then roasted and blanched or salted, qualified for preferential tariff treatment under the NAFTA upon importation into the United States and permitted to be marked accordingly. But, pursuant to CBP’s recent decision, which takes effect May 9, 2016, [...]
In order to settle potential liability for violating US sanctions, a US company has agreed to pay a penalty of $304,706 for dealing in property in which Cuba or a Cuban national had an interest. In 2011, subsidiaries of the U.S. company exported goods and services to support oil and gas prospecting and drilling within the [...]
On February 22, 2016, the Department of Justice announced that a group of importers agreed to pay $3 million to resolve a False Claims Act suit against them. The United States alleged a conspiracy to circumvent an anti-dumping order on small-diameter graphite electrodes from China. They allegedly lied about the size of the electrodes they imported because [...]
The third iteration of the dispute between an Importer (GRK Canada, Ltd.) and the United States regarding imported screws will soon be heard by the Court of International Trade (CIT). In early 2013, the CIT considered arguments concerning two varieties of screws. The parties agreed that both varieties would fall under the same subheading, but [...]
On February 24, 2016 Customs and Border Protection (CBP) seized 41 hoverboards with counterfeit batteries (click here for the press release). The batteries in the recent seizure are alleged to have a counterfeit “Samsung” trademark. The allegedly counterfeit Samsung batteries and others like them have been the objects of ongoing seizure activities by CBP. According to CBP’s website, [...]
The Foreign Corrupt Practices Act (FCPA) aims to stop corruption and bribery by making it illegal for individuals and organizations to make payments or provide anything of value to influence foreign government officials for the purpose of obtaining or retaining business. Violations of this act can involve very complex schemes and involve very large sums [...]
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January 16, 2016, marks Implementation Day, as outlined by the JCPOA and agreed upon by Iran and the P5+1 (United States, China, France, Germany, Russia, and the United Kingdom), meaning that the International Atomic Energy Agency has verified that Iran has implemented the nuclear related measures it agreed to this past summer. In recognizing Iran’s compliance, [...]
In United States v. Nitek Electronics, Inc., the Court of Appeals for the Federal Circuit (CAFC) affirmed a decision by the Court of International Trade (CIT) to dismiss a penalty claim against an importer when it sought the penalty claim in court for negligence but asserted gross negligence administratively. In Nitek, CBP issued a pre-penalty notice to [...]
Effective Oct. 19, 2015, Customs (CBP) will be amending their interim regulations respecting Intellectual Property Rights enforcement. One change of particular significance will allow importers (not just trademark owners) to receive photos or samples of suspected counterfeit merchandise that would otherwise be protected by the Trade Secrets Act. The new regulation will be found at 19 C.F.R. [...]