Recent developments in the ongoing IEEPA tariff litigation have brought important clarity for U.S. importers seeking refunds of unlawfully imposed duties. While uncertainty continues to surround administrative refund mechanisms, the Court of International Trade (“CIT”) has now confirmed that importers who pursue legal action can still obtain refunds, even if [...]
Read MoreImportanti sviluppi nel diritto del commercio internazionale statiunitese stanno creando una finestra di opportunità sempre più ristretta per gli importatori che desiderano preservare eventuali diritti al rimborso dei dazi imposti ai sensi dell’IEEPA. Molte aziende, tra cui Costco Wholesale Corporation, hanno recentemente avviato cause presso la U.S. Court of International [...]
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It is crucial to understand the type of relationship you have with someone, i.e. the duties and/or responsibilities owed to a party based on their interaction. Today we are taking a look at the fiduciary relationship, questions regarding which arise during Federal Maritime Commission (FMC) audits. A fiduciary relationship is defined as, “a legal duty to act solely in another […]
On September 18, 2015, US Customs and Border Protection (CBP) published a final rule regarding the disclosure of information on goods suspected of bearing counterfeit trademarks or trade names. This new rule allows Customs to share more information with trademark owners about suspect goods. The most notable change is that Customs will share information was protected by the Trade Secrets […]
Traditionally, Non-Vessel-Operating Common Carriers (NVOCCs) compete for shippers’ business by publishing the amount they charge in rate tariffs that are made available to the public. However, as of April 18th, 2011, the Federal Maritime Commission approved the use of Negotiated Rate Arrangements (NRAs) as a new method for NVOCCs to establish rates. We constantly receive inquiries from NVOCCs seeking guidance […]
On September 21st, 2015 the Obama administration implemented numerous regulatory changes aimed at loosening U.S. business and travel restrictions relating to Cuba. Americans can now open business locations and bank accounts in Cuba, and it is now easier for cruise ships and other vessels to travel to the island. Efforts such as these to promote commerce are merely one step […]
It is common practice today for companies to post their Terms and Conditions (T&C) online, but the key to enforceability is ensuring that these terms are accessible by the customer. In the shipping industry, you are responsible for making customers aware of Terms and Conditions by either publishing access to them in the bill of lading or in an e-mail […]
In 2000, the Civil Asset Forfeiture Reform Act (CAFRA) was signed into law. This act was passed as a response to a seizure system that had become rife with abuse as law enforcement agencies seized personal property from citizens, putting to their own use. CAFRA relieves individuals who have had their property wrongly seized by enacting a variety of reforms. […]
When entering the United States, it is required that all passengers report any amount of money with them that is in excess of or equivalent to $10,000. If there is a failure to correctly report, this money can be seized. This reporting requirement is a worldwide standard that the U.S. abides by. It is important to note that this $10,000 […]
Freight forwarders customarily make bookings with ocean carriers on behalf of their clients, and often they are listed as forwarding agents on the carriers’ bills of lading. Occasionally, forwarders are sued by carriers for unpaid freight or other charges such as demurrage. The question is, “How often are forwarders legally liable for the carriers’ charges?” The answer depends on how […]
The Consumer Product Safety Commission (CPSC) has approved a pilot program to start going paperless. This electronic program will require importers to submit information electronically regarding consumer products being brought into the United States. This electronic system is an advancement from the current paper-based method used for documentation of imported goods. Ideally, this pilot program will help the CPSC to […]
Customs and Border Protection (CBP) recently issued a memorandum providing new guidance regarding acceptable mechanisms for submission of post-importation preference claims (Post-Entry Amendments (PEAs), Post Summary Corrections (PSCs), protests in 19 USC 1514 and post-importation claims in 19 USC 1520(d)). The agency has eliminated the use of protests as a mechanism to file post-entry claims for free trade agreement and […]