The U.S. Trade Representative released objectives for NAFTA renegotiations, which begin August 16th. The document states that the U.S. hopes to remove barriers to American exports by eliminating “unfair subsidies, market-distorting practices by state-owned enterprises, and burdensome restrictions of intellectual property.” The U.S. also seeks to “modernize” the 1994 agreement for the 21st century. A [...]
Our firm would like to invite you to the Advanced Topics in Customs Compliance Conference being held September 20-22, 2017 in Houston, Texas. The conference covers both basic and advanced topics in import and export compliance. In addition, the Conference has been approved for CCS and CES credits via the NCBFFA, and will provide for [...]
President Trump recently signed an Executive Order titled “Establishing Enhanced Collection and Enforcement of Antidumping and Countervailing Duties and Violations of Trade and Customs Laws.” The Executive Order contains limited specific details, but provides an indication that relevant regulations are likely to be modified and that increased enforcement is imminent. First, the Order calls on [...]
CBP (and the Court of International Trade) regularly distinguishes between provisions in the HTSUS which are controlled by use (“use” provisions) and those that are controlled by name (“eo nomine” provisions). In Irwin Industrial Tool Company v. United States, the Court of International Trade illustrated this common issue. In Irwin, the importer entered various hand [...]
United States Trade Representative Robert Lighthizer notified Congress that President Trump intends to renegotiate the North American Free Trade Agreement (NAFTA). The notification informs Congress that negotiations will begin as soon as practicable, but no earlier than 90 days from the date of the notice (May 18, 2017). You can read the notification here. Although [...]
The Risks of a Proposed Expansion of ADD & CVD Orders to Pipe Rack Modules Importers of pipe rack modules from China may soon have to pay ADDs & CVDs applicable to Chinese origin pipe. On April 6, 2017, the International Trade Association (ITA) posted on its web site a scope ruling request filed by [...]
The Fish and Wildlife Service (FWS) has issued a final rule for the African elephant promulgated under section 4(d) of the Endangered Species Act of 1973, as amended, which bans virtually all imports and exports of African elephant ivory. The Final Rule, effective July 6, 2016 prohibits the import and export of African elephant ivory with [...]
Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (2015 Act), Congress required agencies to make yearly adjustments to their civil monetary penalties (CMPs) as well as a one-time “catch up” adjustment to their CMPs to account for inflation. On June 8, 2016, the Department of State announced that it is [...]
On June 22, 2016, the Bureau of Industry and Security (BIS) issued a final rule revising its guidance on penalties for violations of the Export Administration Regulations (EAR). The BIS undertook these revisions to make penalty determinations more predictable and to align them with the OFAC penalty guidelines. The rule rewrote guidance in Supplement No. [...]
As many in the trade community already know, the beginning of 2016 saw the implementation of the Joint Comprehensive Plan of Action (JCPOA); an agreement ensuring Iran’s nuclear capabilities stay below a certain threshold in exchange for the easing of economic sanctions against Iran. As part of the implementation, the Department of Treasury’s Office of [...]