Administrative Law

Value Adjsutment Case

Posted on April 18, 2009
I like the tenacity of VW in working on its efforts to get value adjustments for defective cars imported into the U.S. There have been several cases on this, including cases by Saab as well. The general theory makes lots of sense. If VW, Saab, or anyone else, contracts to purchase defect free cars and pays a set amount for them, but later finds out that the cars had defects, then the importer overpaid...

NAFTA Ruling

Posted on April 18, 2009
I saw a couple rulings this week that I think are interesting, so I will pass them on. Plus, I feel like it's been too long since I posted and that makes me think you are all off reading some other customs blogs. I guess I am very insecure.The first ruling is HQ H044166 (1/23/2009)...

Last Thing

Posted on April 18, 2009
Three posts in one night! I am trying to make up with you.I don't have the details on this because the ruling seems to be unpublished as of today. But, I know I read a summary in the Customs Record. Look for H019364. The issue is whether the toys put inside boxes of cereal have to have their country of origin marked on them...

Suit Filed Against Sureties

Posted on April 13, 2009
This is too interesting to wait for me to digest it.  On April 10, an 82 page complaint was filed in an attempt to start a class action in the Court of International Trade.  The complaint alleges that several sureties negligently issued bonds in antidumping new shipper reviews to companies that were thinly capitalized and otherwise not likely to pay...

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Commercial Shipment of Pot

Posted on April 13, 2009
This story was tipped to me from a couple sources in response to my previous post about how C-TPAT is being marketed wrong.  I'll give the nod to the Blog Man O' Law for the link.  The article shows that yes, indeed, smuggling happens in commercial shipments...

Customs News of the Weird

Posted on April 01, 2009
Who bothers to smuggle bouillon?  I don't mean gold bullion, I mean chicken bouillon.  The answer is: The same kind of person who makes their own soap and hides a dead bird in it.Here's the story.

More on the UP Case

Posted on April 01, 2009
Here is an interesting article from JOC on the continuing effort by the United States to assess penalties against Union Pacific for its alleged negligence in allowing contraband to be smuggled into the U.S. via its trains from Mexico.The theory is that UP is transmitting manifest data to Customs and that the manifest data is often wrong due to the fact that it fails to disclose the illegal drugs that UP does not even know are there...

Frozen River

Posted on March 31, 2009
News out of Sault Ste Marie: The river is thawing and it is no longer an appropriate way to enter the United States on snowmobile via Drummond Island. And I though that only happened in the movies.

CAFC Decision in Double Invoicing Case

Posted on March 30, 2009
The Federal Circuit has issued a decision on the merits in United States v. Inn Foods, Inc.  There had been a previous decision on jurisdiction, which was followed by a trial at the Court of International Trade and then this appeal on the substance.The initial issue is whether Inn Foods' invoicing practice amounts to fraud...

CAFC Rules on Soybean Residue

Posted on March 28, 2009
In law school, my Torts professor told me that "He who fails to toot his own horn will go untooted." I can't remember the context, but it applies to what follows.The Federal Circuit has decided Archer Daniels Midland v. U.S. and reversed the Court of International Trade on the classification of a material known as deodorizer distillate or DOD...

Gary Locke is new Sec. of Commerce

Posted on March 25, 2009
FYI, the Senate has confirmed former Washington governor Gary Locke to be the new Secretary of Commerce.   Antidumping lawyers, please update your pleading templates.  Here is the official notice.

They Play Rough in Cincinnati

Posted on March 25, 2009
Someone in Cincinnati is peeved.  Customs and Border Protection has seized a shipment of guns improperly labeled as "toys."  The shipment contained 60 functional shot guns and 177 pistols that are capable of only firing blanks.  If those pass for toys in Cincinnati, that town is far rougher than I had thought...

Sailing + Trade in One Post!

Posted on March 25, 2009
When I go sailing, the only border I cross is between Illinois and Wisconsin.  Sailors in Florida have far more options that require worrying about customs and trade issue.  Yesterday, I was quoted in the Sarasota Herald Tribune about the prospects for U...

Where to Find Me

Posted on March 23, 2009
I'm talking at the International Trade Club of Chicago this Friday.  More info is here.  The topic will be free trade agreement compliance.  Rather than the now fairly standard NAFTA presentation, I am going to focus on Chile and Morocco as models for discussion...

The C-TPAT Bait and Switch

Posted on March 19, 2009
I have absolutely no doubt that C-TPAT, the Customs-Trade Partnership Against Terrorism, makes America a safer place. Every participating importer, carrier, warehouse, foreign manufacturer, etc. agrees to take reasonable steps to insure the safety of the supply chain...

Mexico Retaliation List

Posted on March 18, 2009
Thanks to a number of people who sent this list to me. Here is a link to the Spanish-only list.

Ron Kirk USTR

Posted on March 18, 2009
The former Mayor of Dallas has been confirmed as the new United States Trade Representative. Mr. Kirk's resume includes stints as a legislative aid to Senator Lloyd Benson and Texas Secretary of State.

Mexico retaliates

Posted on March 17, 2009
I've been wondering when Mexico would finally take some action regarding the long-standing refusal of the U.S. to permit Mexican domiciled truck drivers to operate in the U.S. Well, that shoe has dropped.Apparently, 90 commodities are affected, but have not yest been listed...

At API today

Posted on March 16, 2009
Today and tomorrow, I'll be tweeting updates from the American Petroleum Institute customs meeting.www.twitter.com/customslawblogLooked at materials from other speakers; need to change my presentation.

Credit for US Parts in Repairs

Posted on March 13, 2009
Customs and Border Protection is proposing to amend its regulations to create an incentive to use U.S.-origin parts in foreign repairs and alterations.  Currently, the customs regulations (at 19 CFR 10.8(d)) require the deposit of duties based on the full cost of the repair including the value of domestic and foreign components...

Counterfeit Packaging

Posted on March 12, 2009
I just got off the phone with a reporter asking about legal and technological strategies  the pharmaceutical industry can be using to fight counterfeits.  I talked about recording trademarks with Customs and Border Protection, educating the agency on what to look for, conducting investigations to find the source, etc...

My Inky Regrets

Posted on March 11, 2009
I like swag.  I?m always happy to come out of a conference with a useful item like an umbrella, flash drive, or corkscrew.  My firm has swag of its own.  My favorite swag is a set of three beanbag balls that make up a juggling kit.  The idea here is that compliance professionals have lots of responsibilities and, therefore, need to be able to keep several balls in the air at the same time...

At ICPA

Posted on March 09, 2009
Semi-live tweeting from ICPA today and tomorrow. Follow along at www.twitter.com/customslawblog.

Wanted: Commissioner of Customs and Border Protection

Posted on March 03, 2009

This Rocks

Posted on March 02, 2009

They Must Love Lacey in DC

Posted on February 26, 2009

Hey Mexico: What's With The Trucks?

Posted on February 26, 2009

Byrd Part I: The Majority

Posted on February 25, 2009
SKF USA, Inc. v. Customs and Border Protection is a hefty opinion, so I am going to blog it in two parts. Here is the majority opinion. The issue is whether the Court of International Trade properly held that the Continued Dumping and Subsidy Offset Act of 2000 is unconstitutional...

Peru Instructions

Posted on February 24, 2009
I've been asked a couple times about the process for making claims for duty-free treatment under the Peru Trade Promotion Agreement. Customs and Border Protection has now issued guidance. The first document is a memo doing a good job of summarizing the terms of the agreement with respect to rules of origin...

Calling Samuel L. Jackson

Posted on February 23, 2009
Almost snakes on a plane.In my continuing fascination with small animal smuggling, I saw this article about a 24 year old man stopped at the airport in Sydney, Australia trying to board a plan carrying 40 lizards and four snakes. At least he had the decency to put them in his luggage rather than his pants, as is often the case...

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