Import Export Law

A Weekly Look at the Federal Register: Feb 13th

2009-02-15T19:59:00.000-08:00

So I decided to begin picking apart the weekly notices the Federal Register posts to highlight any relevant new changes that may be on their way for the world of import/export law. Unfortunately, this week the only update in the pipelines involves form and paperwork reduction under the Paperwork Reduction Act, in regards to Form I-94W (Nonimmigrant Visa Waivers). Hopefully in the near future the register will provide more substantive material for discussion.
Last Weeks Federal Register

Consumer Product Safety Improvement Act

2009-02-09T20:09:00.000-08:00

The Consumer Product Safety Improvement Act takes affect tomorrow; assuming there are no last minute changes of heart. The law which was passed last year sets new limits for lead and phthalates in children's products. Retailers have made an 11th-hour appeal to Congress to roll back part of the law, no word yet on if they were successful. The U.S. District Court for the Southern District of New York on Thursday rejected an interpretation of the law by the Consumer Product Safety Commission that would have allowed the sale of products with phthalates made before Feb. 10th.

Trade Wars???

2009-02-03T21:24:00.000-08:00

Jeffrey E. Garten just published an article in Newsweek outlining the possibility of future trade wars spurred on by protectionist legislation in response to the current global economic meltdown. While there has been a lot of talk about this recently, especially in regards to the "Buy America" clause in Obama's bailout plan, this article seems to standout above the rest.

The article is located here.

Colombia Free Trade Agreement

2009-02-02T20:57:00.000-08:00

Today Rep. Rodney Frelinghuysen (R-NJ) posted an article on NJ.com calling for the passage of the Colombia Free Trade Agreement. Frelinghuysen cited both the current economic downturn and the war on drugs as reasons to pass the agreement. The agreement which was signed by President Bush two years ago has yet to be approved by Congress.

The article can be found here.

Gargantuan Cargo Ships Green?

2009-02-01T12:12:00.000-08:00

There has been a lot of talk about the launching of the MSC Daniela and its brethren, however it appears on top of all this talk these ships may also be green? The Wall Street Journal has recently posted an article explaining this phenomenon, turns out it's just economies of scale, and outlining the current down turn in international trade. Turns out green ships have just as hard of a time filling their decks as their predecessors.

The WSJ article is located HERE.

Nintendo Wii Goes Before the U.S. International Trade Commission (ITC)

2008-08-20T14:48:00.000-07:00

Hillcrest Labs has recently issued a statement in regards to a complaint for patent infringement it has brought before the ITC, regarding Nintendo and it's Wii system. The complaint seeks a ban on the importation of Wii consoles into the United States. Hillcrest Labs has also brought a separate patent infringement suit in the U.S. District Court in Maryland.

A statement in regards to this legal action can be found here.

Signed Into Law: Consumer Product Safety Improvement Act of 2008

2008-08-18T08:01:00.000-07:00

President Bush recently signed into law H.R. 4040, otherwise known as the Consumer Product Safety Improvement Act of 2008. The bill which reauthorizes and modernizes the Consumer Product Safety Commission also establishes consumer product safety standards and other safety requirements for children's products. White House Deputy Press Secretary Tony Fratto has stated, "This bill will help to ensure that products Americans find on their store shelves are safe and that the regulating agencies have the resources they need to enforce law. This has become an increasingly difficult and complex job as more imports from more nations are now sold in the United States than ever before."

CBP Speaks Out On Laptop Inspections

2008-08-12T10:07:00.000-07:00

A recent article in the Washington Post has caused a public uproar over the ease in which border patrol agents can inspect the information stored a traveler's laptop. The CBP in a press release issued yesterday defended the searches referring to them as legal, rare, and essential. The Secretary of Homeland Security stated in USA Today, "Of the approximately 400 million travelers who entered the country last year, only a tiny percentage were referred to secondary baggage inspection…[and] of those, only a fraction had electronic devices that may have been checked." Despite these reassurances, Congressman Ron Paul has cosponsored legislation with Congressman Elliot Engel that would require boarder agents to need reasonable suspicion to conduct searches of laptops or other digital equipment. In a press release Congresman Paul stated, "The Fourth Amendment to the Constitution acknowledges the right of the people to be secure in their persons and effects against unreasonable searches and seizures. It is unfortunate that it takes legislation to remind border agents of this Constitutionally protected right, but it is apparent to me that HR 6702 is absolutely necessary."

H.R. 6415

2008-08-04T08:48:00.000-07:00

On June 26th, Rep. William Pascrell (D, NJ) introduced H.R. 6415. The bill, which aims at providing that goods manufactured in foreign trade zones comply with U.S. trade agreements and receive the proper customs rate, has been referred to the Committee on Ways and Means. The bill includes a modification to the Foreign Trade Zone Act, 19 U.S.C. 81c(a), in which language will now be included that explicitly states the aim of this bill. Included also is an amendment to the NAFTA Implementation Act, which states the transaction value method percentage needed or the net cost method percentage needed for a good to be considered as originating from a NAFTA country. According to the Peterson Institute for International Economics this bill could potentially create 90,000 new jobs in the United States, and according the NAFTZ this bill eliminates the disparity between manufacturing facilities located in FTZ and those located in FTA countries.

A copy of the bill can be found Here.

2-For-1 Textile Program For The Dominican Republic

2008-08-02T13:54:00.000-07:00

The United States House of Representatives recently passed H.R. 6560, which establishes a 2-for-1 textile and apparel program for the Dominican Republic. The premise of this program allows textile producers, when they purchase U.S. fabric for apparel production in the Dominican Republic, to receive a credit which allows them to ship eligible apparel, containing fabric sourced from a third-country that ordinarily would not receive duty-free treatment, from the Dominican Republic to the United States duty-free. House Member Jim McCrery (R-LA) had this to say about the bill, “This important expansion of the U.S.-CAFTA-DR fair trade agreement, fully supported by the U.S. textile industry, is an opportunity to expand U.S. manufactured exports to the region and demonstrates how these agreements can benefit U.S. workers… This legislation will provide another opportunity to grow U.S. textile exports and add to the U.S. trade surplus with the CAFTA-DR region.” The bill is now in the Senate, where it has been referred to the Committee on Finance.

Customs and Border Protection Proposes Uniform Rules of Origin for Imported Merchandise

2008-08-01T12:36:00.000-07:00

The C.B.P. is proposing extending the codified rules of origin, 19 C.F.R. 102, to all imported goods, unless otherwise specified. Currently, the C.B.P. has two primary methods it uses to determine the country of origin. The first method is a case by case method applying a "substantially transformed" test, while the other is a codified process that uses changes in tariff classification, tariff shifts, to express the logic behind the "substantially transformed" test. The C.B.P. has been formally discussing this shift since September of 1991, however it decided not to expand the rules outlined in Part 102 beyond NAFTA countries and textile imports in 1996. The current proposal will extend the codified process to all imports except those governed by the Department of Commerce under trade remedy laws.

Bush Signs Tom Lantos Block Burmese JADE Act of 2008

2008-07-30T12:18:00.000-07:00

The bill, sponsored by 30 Democrats and 9 Republicans, was presented to the President on 7/25/2008 and was signed into legislation yesterday. The bill amends the Burmese Freedom and Democracy Act of 2003 and amongst other things imposes import sanctions on Burmese gemstones. According to the Act, 2008 H.R. 3890, millions of dollars in gemstones that are exported from Burma ultimately enter the United States, but the Burmese regime attempts to conceal the origin of the gemstones in an effort to evade sanctions. For example, according to gem industry experts, over 90 percent of the world's ruby supply originates in Burma but only 3 percent of the rubies entering the United States are claimed to be of Burmese origin. The act further requires that all exporters maintain a full record of complete information relating to any act or transaction related to the purchase, manufacture, or shipment of non-Burmese gemstones for a period of not less than 5 years from the date of entry; and to provide the information to authorities upon request.

Toys "R" Us, Inc. v. United States

2008-07-29T20:28:00.000-07:00

The United States Court of International Trade recently remanded an antidumping order for wooden bedroom furniture, to the United States Department of Commerce. The reasoning, for the determination of if wooden toy boxes could fall under the scope of the order for wooden bedroom furniture under 19 C.F.R. 351.225(k)(2), as it was to ambiguous to fall under the scope of 351.225(k)(1). The key to this ambiguity, what constitutes bedroom furniture? The court found that the order for bedroom furniture was to vague for a decision to be made on the boxes which could be used outside of the bedroom. However the true shining moment of this case came from the ITC petition which provided this nearly theological definition of the place we call home.

Because a bedroom is the room in which people sleep, it is also the room in which people dress and undress, and is, therefore, the room in which people store their clothes. In terms of daily life, these functions are the essence of a bedroom - and have been, since time immemorial - and they are so linked as to be inseparable.