Import Export Customs Compliance and Trade News

Trade and customs compliance and regulation news that affect import, export, transportation, logistics, and supply-chain industry and how you do business.
Lawrence M. Friedman is a Partner of Barnes/Richardson, his practice concentrates on the representation of the importers and exporters facing challenges relating to compliance with the U.S. laws and regulations covering international trade. These issues include the classification and valuation of merchandise, country of origin marking, in...vestigations, audits, and penalty proceedings. In addition, Larry, who holds an LL.M. degree in intellectual property law, has assisted U.S. trademark and copyright holders in protecting their intellectual property from infringement by imports. He has also assisted importers resisting attempts to bar the importation of merchandise for alleged copyright and trademark infringement. Litigation is an important part of his practice. Prior to joining Barnes, Richardson & Colburn in 1991, Larry served as a law clerk to the Honorable Dominick L. DiCarlo of the United States Court of International Trade. He brings this experience into court on behalf of importers challenging decisions of United States Customs and Border Protection. For example, Larry successfully litigated the proposition that contract penalty fees are non-dutiable and that certain indirect payments for merchandise may be allocated for duty calculation purposes. Larry has also handled cases involving the dutiability of American-made components used in foreign assembly operations, the classification of soybean oil distillate, the classification of textile pet crates, and the constitutionality of the Harbor Maintenance Tax. He writes and maintains a customs related blog at www.customslaw.blogspot.com.  More
Lawrence M. Friedman

Country of Origin for Dumping Orders

Dumping
I have trying to get to this one, and now is the time.  Bell Supply Co, LLC v. United States  is an important decision from the Court of Appeals for the Federal Circuit. The issue presented is whether, when making a scope determination, Commerce should apply the traditional substantial transformation test to determine the origin of the merchandise that was partially manufactured in a country subject to the order and partially manufactured outside that country....
Continue reading
  215 Hits
Lawrence M. Friedman

GSP and Sets

Wgsp
Here's a question. Assume pots and pans from Thailand individually qualify for duty-free entry into the United States under the Generalized System of Preferences ("GSP"). That means they have 35% of their value derived from Thai-origin materials or costs and are shipped directly from Thailand to the U.S. So far, so good. Now assume that glass lids for the pots and pans are added to the imported goods and those lids are from China, which...
Continue reading
  575 Hits
Lawrence M. Friedman

NAFTA Indirect Materials Ruling

NAFTA Indirect Materials Ruling
I do a lot of NAFTA-related work. At least I do this week. It remains to be seen whether that changes soon. Secretary of Commerce designee Wilbur Ross told the Senate committee considering his nomination that his top priority would be renegotiating NAFTA. So, this may all change. As we sometimes have to tell clients, the situation is fluid. In the meantime, the NAFTA rules of origin continue in place. Often, for a product to...
Continue reading
  1373 Hits
Lawrence M. Friedman

Zombie Protests and GSP

Zombie Protests and GSP
There have been a few cases of note that I have not yet reviewed. Call it Olympic Distraction Syndrome or Summer is Rapidly Ending Depression. Either way, I've read the cases so you don't have to. First up, Zojirushi America Corp. v. United States , from the U.S. Court of International Trade. This case will go down in legal history as the genesis of Zombie Protests. You heard it here first. Zojirushi is an importer...
Continue reading
  1201 Hits