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Freight Forwarder Settles Charge of Antiboycott Violation for Furnishing Negative Certification of Origin on Shipper’s Invoice

Most trade intermediaries are familiar with the antiboycott provisions contained in Part 760 of the Export Administration Regulations (EAR).  These regulations prohibit U.S. persons’ participation in or cooperation with the Arab League’s ongoing boycott of Israel.  Subpart (d) of Part 760.2 prohibits the furnishing of certain information about a U.S. person’s business relationships with boycotted countries such as Israel, or […]

CBP and CPSC Take Steps To Increase Import Targeting Effectiveness: CPSC To Issue Detention Notices

In 2008, the Consumer Product Safety Improvement Act became law.  To implement the Act’s mandate to develop targeting methods to improve consumer safety, CBP and the Consumer Product Safety Commission (CPSC) have joined together to create the Import Safety Commercial Targeting and Analysis Center (CTAC), a CBP facility that, according to DHS Secretary Janet Napolitano, will both “centraliz[e] and strengthen[] […]

Court of International Trade Makes Clear That One Cannot Challenge Denial of a Customs Protest in Court Until All Contested Duties Are Paid

Did you know that contested customs duties must be paid before a protest denial can be challenged in court?  On May 6, 2010, the Court of International Trade (“CIT”) issued a decision that illustrates the importance of properly paying duties in advance of filing suit. The plaintiff in Great American Insurance Company v. United States, a surety, sought to judicially […]

Federal Maritime Commission Begins Rulemaking Process to Amend Regulations to Eliminate Filing of Rate Tariffs By Licensed NVOCCs

On April 29, 2010, the Federal Maritime Commission published a proposed rulemaking to implement its February 18, 2010, decision to relieve licensed NVOCCs from the costs and burdens of tariff rate publication. The April 29 rulemaking promulgated new and amended regulations that, when given effect, will establish the criteria that must be adhered to by NVOCCs that seek to be […]

Service Contract Held Inapplicable In Favor Of Bill Of Lading: Entire Yacht Is A “Package” Under COGSA And Liability Limited To $500

Until the Rotterdam Rules take hold, we will continue to examine COGSA cases worthy of note.  A case involving the dropping of a $4,000,000 yacht due to a collapsed crane is noteworthy in our book, especially when the ocean carrier attempts to limit its liability to $500, and the case turns on whether the terms and conditions contained in a […]

CBP Proposes Two Amendments To Broker Recordkeeping Requirements

On March 23, 2010, Customs and Border Protection issued a notice of proposed rulemaking wherein the agency proposes to amend certain of the Regulation’s recordkeeping requirements. First, the proposed rulemaking would allow a broker to store his or her records at any location within the United States, so long as the recordkeeping contract identified in the broker’s permit application makes […]

CBP Proposes To Eliminate The Mailing Of Liquidation Courtesy Notices

CBP’s Office of Regulations and Rulings, in a rulemaking notice of March 15, 2010, has proposed to amend the Code of Federal Regulations to discontinue the longstanding practice of mailing courtesy notices of liquidation to importers of record whose entries are filed by ABI. CBP has invited the public to comment upon its proposal. CBP’s proposed move to eliminate the […]

FMC Votes To Exempt NVOCCs From Publishing Rates

On February 18, 2010, the Federal Maritime Commission voted to approve a proposed rulemaking that would exempt non-vessel-operating common carriers (NVOCCs) from the longstanding requirement that they publish tariff rates. This move was motivated by the FMC’s desire to free NVOCCs from the substantial costs of publishing tariffs, thus saving jobs. The move may result in hundreds of thousands of […]