Administrative Law

New Lacey Tools

Posted on December 22, 2008
I'm short on time and I am pretty sure just about everyone has checked out of their business mindset for the holidays. Nevertheless, I'll give you this bit of news: APHIS has posted to its web site some tools for Lacey Act compliance.br /br /a href="http://www...

You've Been Voted Off . . . By CBP

Posted on December 17, 2008
Just when I thought things were getting dull, a href="http://www.wayla.blogspot.com/"Wayla Guy/a tipped me to a href="http://news.yahoo.com/s/eonline/20081216/en_top_eo/73642"this story/a.br /br /First, just so CBS knows, my firm has an office in New York and we are happy to come by for a meeting...

Are We In the Holiday Doldrums?

Posted on December 16, 2008
Seems awfully quiet out there.Washington is in pre-inauguration limbo and a lot of businesses are quiet either due to the economy, the cyclical nature of their business, vacations, or just the weather. It seems to me that there hasn't been much about which to write lately...

New E-Mail & Twitter

Posted on December 12, 2008
For my side gig, I right technology columns for the Chicago Bar Association. I've been doing that for more than 10 years. The name of the column is "Riding Circuits." Lawyers will get the pun. One of my designated topics is online marketing. Lately, I've been reading a lot of over heated articles about the value of Twitter for lawyer business development...

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Customs News of the Weird and Book Report

Posted on December 11, 2008
I did read The Lizard King by Bryan Christy and found it thoroughly interesting.  The book is about the legal and mostly illegal trade in reptiles.  I initially thought it would be too much like reading about work.  As it turns out, there was just enough familiar info to make the book interesting...

Personnel Issues

Posted on December 09, 2008
Generally, I stay away from news involving Customs and Border Protection personnel behaving badly. There is no point in covering it as it does nothing to explain customs law and could conceivably make a bad situation worse for someone I might have to deal with in the future...

Modern Communication

Posted on December 09, 2008
While I was flying from Chicago to NYC this morning, federal agents were arresting the governor of Illinois. When I landed, I and everyone else on the plane turned on their cell phone, Blackberry, iPhone, or Treo. At that moment, I overheard the flight attendant judging all of us for lacking the self restraint to be out of contact for a few hours...

Sailing to Cuba? Do not Pass Go.

Posted on December 03, 2008
I generally stick to customs law here, but in real life I do export and trade work as well. With that in mind, here is a story I should have covered earlier. It's a sailing story, and I like those. It is also an international trade enforcement story, so that makes it doubly interesting...

Cool New HTSUS Tool

Posted on December 01, 2008
Here is an online tool only a compliance geek could love:Harmonized Tariff Schedule Online Reference ToolThe ITC has launched a cool site that makes navigating the Tariff Schedule easier and links 10-digit HTS numbers to related Customs and Border Protection rulings...

10 + 2: Back On Topic

Posted on November 25, 2008
By now it is old news that Customs and Border Protection has published the interim final rule on the new Security Filing popularly known as 10+2. I'm going to assume that if you find you way to this blog you know what 10+2 is all about. If not, read this 55 page notice...

More Spore

Posted on November 22, 2008
I can't resist posting this.I received a customer survey request from Electronic Arts. I have detailed my problems here. I was very happy to respond and let them know that the game still does not work and their customer support has been less than effective...

Back from Judicial Conference/ABA Survey

Posted on November 20, 2008
I'm back from the Court of International Trade Judicial Conference. We had a good time, as always. It was down at the South Street Seaport, which has its touristy aspects but still reflects old maritime NY.I moderated a panel on New Developments in Customs Law...

Spore: Guerrilla Tech Support

Posted on November 16, 2008
I bought a copy of the PC game Spore for Jr. It seems like a cool way to learn about evolution (at least a cartoonish version of it) and any game that does not involve broadswords is an improvement. But, the darn thing does not fully work.Normally, I am the go-to tech guy in my family...

NYC Seminar Update

Posted on November 13, 2008
Here are the details for the December 10 seminar in New York.

Update: National Semiconductor

Posted on November 13, 2008
Remember National Semiconductor? This is the penalty the Court of International Trade awarded interest on unpaid Merchandise Processing Fees under 19 U.S.C. 1505(c). This provision is the law that gives Customs and Border Protection the right to collect interest on unpaid duties and fees...

NYC Seminar

Posted on November 08, 2008
On December 10, 2008 I'll be speaking at a seminar in Manhattan.  It will be me and my partner Rick Van Arnam talking about Customs enforcement, penalties, and compliance.  It's a half day.  The International Compliance Professionals Association is co-sponsoring...

Memo to Mr. Obama

Posted on November 05, 2008
Congratulations. In the coming months you will have many important decisions to make. Not the least of which will be your Homeland Security team. Feel free to call.

Totes, ISA, and Origin Updates

Posted on November 05, 2008
A few things worthy of note:Totes Rehearing DeniedThe Court of International Trade has denied dual requests for a rehearing in the Totes case challenging the constitutionality of gender-specific rates of duty on gloves.  You probably remember that the Court previously dismissed the case on technical grounds but permitted the plaintiff to refile if its case...

Unintended Consequences

Posted on November 02, 2008
Warning: Off TopicFirst, I am peeved at myself for taking the small chainring off my bike. I had a three-ring crank set and took the small ring off to save weight. This image will give you an idea of what I am talking about, although it is not my exact gear...

Who is Unfailingly Complicit?

Posted on November 02, 2008
A while back, an anonymous reader posted a comment to my post about the case in which Customs and Border Protection summarily denied a protest relating to the detention of merchandise in an origin case. The original post is here.The issue I raised came down to whether Customs and we should assume that importers who end up presenting fraudulent origin documents to CBP are victims or accomplices...

Rulings of Interest

Posted on October 28, 2008
Greetings from Canada! I am up hear to speak at the IECanada conference tomorrow. I wish I had more time to stay, but I am doing a travel hit and run to Toronto. I need to be in Chicago on Thursday to speak at a World Trade Center NAFTA event. It's nice to be asked, but October has been a little ridiculous...

Another Notice Case

Posted on October 16, 2008
Western Power Sports is one of those cases that just stinks of underlying policy issues. The gist is that Customs asked the importer to verify the origin of apparel it had imported. In response, the importer produced ?delivery records, employee time cards, and other production-related documents...

Illegally Importing Liquor, Lying About Exports is Customs Business

Posted on October 16, 2008
Miguel Delgao lost his brokers license when it was discovered that he had been part of a scheme to import liquor into a bonded warehouse where paperwork was prepared showing it was to be exported. But, instead of being exported, the liquor was diverted back to the U...

Cancel My Subscription to the Bulletin

Posted on October 16, 2008
The Customs Bulletin is a publication with a long and important history. Through the Bulletin, Customs and Border Protection provides notices to the trade regarding important decisions of the Court of International Trade, changes in policy, and new regulations...

Lacy Act Federal Register Notice

Posted on October 08, 2008
Here is a link to a notice published today (10/8/2008) in the Federal Register.  In the notice, APHIS sets out its planned phase-in of Lacey Act enforcement.The notice says that APHIS is working with Fish & Wildlife to define crop plants and common cultivars, which are exceptions to Lacey Act reporting requirements...

Copyright Infringement? Seriously?

Posted on October 06, 2008
Look at this picture.It was in an artist's sketch book when she returned from Canada. Customs and Border Protection questioned her for an hour to determine whether she was engaged in copyright infringement. Based on that picture!I understand that what CBP was really worried about is corporate espionage...

Updates and Apologies

Posted on October 02, 2008
I am feeling a little guilty about the lack of substance and insight of late. I won't make excuses other than to say that I've had my head in a recently filed appellate brief, some travel, and other distractions.I do have some upcoming events that may be of interest...

Customs Law TV

Posted on September 26, 2008
On Wednesday, I did a talk for IPC, the trade association for the printed circuit board industry. The talk went well, I think. Afterwards, I sat down for a short interview about trade issues. You can watch that interview here. Note: The link takes you to a landing page...

Good WaPo Article on Laptop Searches

Posted on September 23, 2008
This Washington Post article puts an interesting historical perspective on laptop searches. It is one thing to say, as I have, that the law permits the searches without probable cause. It is another to point out that Customs and Border Protection has had instructions out to the field setting limits on what can be searched, copied, and detained...

The Lizard King

Posted on September 22, 2008
This new book is not about Jim Morrison. Rather, it is the tale of reptile smugglers and the Fish & Wildlife Agent who pursued them. The author is Bryan Christy.Here is a review from a paper in Malaysia, where much of the action apparently takes place...

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