In an August 14, 2019 Notice of Proposed Rule Making, U.S. Customs and Border Protection (“CBP”) announced its intent to increase requirements on licensed customs brokers to verify the identity of the importers with whom they transact. CBP reports that each year, approximately 350,000 importers actively engage with CBP through almost 2,100 licensed customs
Federal Circuit Squeezes Customs’ Wrench Classification
In a recent opinion, the United States Court of Appeals for the Federal Circuit affirmed the US Court of International Trade’s (CIT) determination of the classification of certain hand tools imported by Irwin Industrial Tool Company (“Irwin”) as “pliers” over US Customs and Border Protection’s (“Customs”) classification of the tools as “wrenches.”
The tools
Importer Sues CBP for Delay in Releasing Products
A complaint filed in the United States Court of International Trade (“CIT”) late last week highlights the practical challenges and frustration that come from delayed resolutions and parallel proceedings between federal courts and agencies, such as US Customs and Border Protection (“CBP”). In the Complaint, One World Technologies, Inc. (“One World”), a manufacturer of garage
Ziploc Tariff Dispute Not Sealed Up Yet
In a recent Opinion, the United States Court of International Trade denied cross motions for summary judgment filed by Ziploc bag producer S.C. Johnson & Son (“S.C. Johnson”) and the U.S. government which sought competing classifications for the well-known plastic bags.
S.C. Johnson argued that the 6 1/2 inch by 5 7/8 inch version
Pool Floats Deemed Plastics, Not Textiles
In a recent opinion, the US Court of International Trade (CIT) found that certain fabric covered pool floats should be classified as plastics — not textiles — for tariff purposes. Despite the textile elements of the floats, the sequential application of the General Rules of Interpretation led the CIT to find that the air-filled
FDA Pushes Importers On Food Safety
On November 13, 2015, the United States Food and Drug Administration (FDA) finalized three new rules designed to increase foods safety in the wake of recent food-borne illness outbreaks. Significantly, as part of this expansion of the Food Safety Modernization Act (FSMA), the FDA has created new obligations for food importers to verify that foreign