| Duty-Free Treatment for Holiday Goods Advances, but Importers Must Act to Continue to Preserve Rights |
| | Issued on: 07/28/2010 |
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Duty-free treatment for utilitarian articles with festive designs or motifs recently moved closer to reality with a key step by U.S. Customs and Border Protection. With the process still expected to take up to another year, however, importers are strongly advised to continue preserving their rights to eventual refunds of the duties paid on these articles.
On July 1, CBP filed a long-awaited request for the International Trade Commission to launch an investigation on the impact of Note 1(v) to...- Close summary
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| Bounty for FCPA Whistleblowers Likely to Increase Enforcement |
| | Issued on: 07/23/2010 |
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On July 21st, blowing the whistle on corrupt practices became lucrative business. Contained within the Restoring American Financial Stability Act of 2010 that was signed into law on Wednesday was a provision that rewards whistleblowers with up to 30% of the penalties collected for violations of the Foreign Corrupt Practices Act (“FCPA”). Passage of the whistleblower provision is a signal that the intensified and unprecedented enforcement of the FCPA during the last few years will likely increase...- Close summary
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| NEW LAW WILL IMPACT ELECTRONICS, MEDICAL AND HIGH-TECH DEVICES |
| | Issued on: 07/21/2010 |
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With the signing of the financial sector reform law on July 21, a wide range of electronic, medical, high-tech and other goods will now be subject to new sourcing and supply chain requirements for at least five years. The law was designed to prevent trade in so-called conflict minerals from the Democratic Republic of the Congo.
The minerals affected are gold, columbite-tantalite, cassiterite and wolframite, as well as their derivatives. These minerals are used in the manufacture of many diff...- Close summary
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| Import-Export Compliance Reviews - The SMART® Way |
| | Issued on: 07/12/2010 |
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We are pleased to announce SMART® Reviews—the next generation in trade compliance audits. The SMART® Review (“Strategic Measurement and Automated Risk Testing”) is an innovative, interactive approach to import and export compliance audits that can be performed at a fraction of the cost of a traditional compliance audit. The SMART® Review draws upon currently available electronic trade data resources, advanced automated compliance solutions, and the deep domain expertise of our more than 500 trad...- Close summary
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| FTZB Recommends Prohibiting Foreign Status Merchandise Subject to AD/CV Duty Orders in Proposed Subzones |
| | Issued on: 06/29/2010 |
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Industries that utilize foreign-trade zones should take note of a recent FTZ Board recommendation that signals a move toward prohibiting the admission of foreign status goods subject to antidumping or countervailing duty orders into FTZs for export purposes. While this decision may not impact established zones, it could significantly affect future applications. In addition, because an FTZ is legally outside the area of U.S. commerce, forcing a zone to make entry prior to admission is at issue.
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| BIS Eases Export Controls on Encryption Products |
| | Issued on: 06/28/2010 |
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The Bureau of Industry and Security has published an interim final rule easing export controls on most encryption products and technology, including cell phones, laptop computers, disk drives, household appliances and many other items. This rule became effective June 25 and BIS will accept public comments on it until Aug. 24. This rule is the first step in the White House’s effort to fundamentally reform U.S. export controls, and future efforts targeting encryption controls will include a review...- Close summary
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| Foreign Manufacturers of Consumer Goods to Register U.S. Agents or Face Import Ban |
| | Issued on: 06/23/2010 |
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[Please note: This advisory replaces one distributed earlier today and includes additional and clarifying information.]
The U.S. Congress is moving ahead with legislation designed to ensure that foreign manufacturers and producers of consumer goods can be sued in U.S. courts for product safety and other violations by requiring them to register an agent in the U.S. If the foreign manufacturer or producer fails to register an agent, its products would be banned from importation. This requiremen...- Close summary
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| Are You Ready for the Aug. 1 Implementation of 100% Screening for Cargo on Passenger Aircraft? |
| | Issued on: 06/15/2010 |
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Starting Aug. 1, 2010, the Transportation Security Administration will require 100% screening of cargo flown on outbound or domestic passenger aircraft as well as bonded cargo transiting the U.S.
To avoid shipment delays caused by the anticipated increase in demand for screening at airports, entities such as certified indirect air carriers, manufacturers, shippers, warehouses, distribution centers, 3PLs and other independent parties may apply to participate in TSA’s Certified Cargo Screening...- Close summary
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| CPSC Proposes New Regulations on Testing, Certification and Labeling of Consumer Products |
| | Issued on: 05/19/2010 |
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The Consumer Product Safety Commission has issued two proposed rules that provide further details on the testing, certification and labeling of consumer products, including children’s products, under the Consumer Product Safety Improvement Act. The proposed rules codify in regulatory form the enforcement policy the CPSC announced in 2009 regarding component testing and certification. The proposals are lengthy and complex and could have wide-ranging effects on the safety testing and certification...- Close summary
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| Obama Administration Details Proposed Export Control Reforms |
| | Issued on: 04/22/2010 |
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Defense Secretary Robert Gates outlined yesterday the Obama administration’s long-awaited proposal to reform the U.S. export control system. While there have been many export control reform efforts in recent years, this one is very different because it is being driven by senior government officials as part of a broader effort to increase U.S. exports and related employment, one of the White House’s top priorities. The new proposal also responds to longstanding arguments that reform is needed to ...- Close summary
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| Congress Introduces Landmark Chemical Control Reforms |
| | Issued on: 04/15/2010 |
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"America's system for regulating industrial chemicals is broken"
- Frank Lautenberg (D-NJ), Chairman of the Subcommittee on Superfund, Toxics and Environmental Health of the Senate Committee on Environment and Public Works
Today Congress revealed its initial plan to reform the Toxic Substances Control Act (TSCA). TSCA is the primary law with which the Environmental Protection Agency (EPA) regulates chemicals in U.S. commerce. It has not been updated since its enactment in 1976. While a...- Close summary
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| Private Sector Input Sought on Retrospective vs. Prospective Systems for Collecting AD/CV Duties |
| | Issued on: 03/31/2010 |
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Importers, foreign and domestic manufacturers, and other interested parties have until April 20 to file with the Department of Commerce their thoughts on the pros and cons of a retrospective versus a prospective system of collecting antidumping and countervailing duties on imported goods. DOC is also holding a public hearing on this issue April 27 in Washington, D.C.
DOC will use the comments received to prepare a report that will be sent to Congress June 13. This report will address how retr...- Close summary
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| Duty-Free Import Benefits at Stake for Certain Countries and Products |
| | Issued on: 03/04/2010 |
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U.S. importers, trade associations and foreign governments have until 5:00 p.m. on March 25 to submit comments to the Office of the U.S. Trade Representative concerning the eligibility of certain goods for duty-free treatment under the Generalized System of Preferences. These comments may seek to preserve, reinstate or revoke this treatment.
The U.S. GSP program includes provisions, known as competitive need limitations, that trigger the removal of duty-free treatment if imports of a covered ...- Close summary
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| Finding a Willing Buyer Only One Part of the Export Process |
| | Issued on: 02/05/2010 |
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The Obama administration is launching a government-wide effort to double U.S. exports over the next five years as part of a plan to increase domestic employment and boost the U.S. economy. However, companies looking to take advantage of the new National Export Initiative to break into new markets should be aware that shipping goods overseas comes with potential perils as well as opportunities.
As part of the NEI, the federal government plans to increase its trade advocacy efforts, including ...- Close summary
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| Court Decision Highlights Need to Fully Understand Contract Terms |
| | Issued on: 02/02/2010 |
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Sandler, Travis & Rosenberg P.A. recently obtained a favorable decision from a state court in Missouri that limits the potential liability of a freight forwarder in accordance with the forwarder’s terms and conditions of service. This ruling is noteworthy because it underscores the need for shippers and third party logistics providers such as brokers and forwarders to establish a clear understanding of their mutual expectations and responsibilities.
In MS Trading v. Held, the court agr...- Close summary
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| FTA Benefits for Textiles and Apparel Intact After CBP Withdraws Proposed Ruling Modifications |
| | Issued on: 01/28/2010 |
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U.S. Customs and Border Protection withdrew this week two proposals that would have limited preferential treatment for imported apparel under U.S. free trade agreements. These withdrawals, which Sandler, Travis & Rosenberg had fought diligently for, represent a significant victory for apparel importers and FTA partner countries.
Elastomeric Yarn. In June 2009, CBP had proposed to revoke binding ruling NY N028235 pertaining to the origin of elastomeric gimped yarn in CAFTA-DR hosiery. T...- Close summary
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