On November 29 the United States Department of Commerce (“Commerce”) announced preliminary duties on solar cells manufactured in Malaysia, Thailand, Cambodia, and Vietnam. This comes as determined that manufacturers in these countries are selling solar cells for less than fair market value, and/or are benefitting from government subsidies that harm [...]
Read MoreThis weekend President-Elect Donald Trump threatened a 100% tariff on BRICS countries. This is in response to an initiative by the nine member international organization to replace the U.S. Dollar (USD) as the global reserve currency, possibly by the establishment of a new currency.BRICS, formerly an organization of Brazil, Russia, [...]
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There is continual automation in the world of forwarding. One change this week is the integration of the Automated Export System (AESDirect) into the Automated Commercial Environment (ACE) Portal. Until recently, AESDirect has been the sole government electronic system used to input SED information on export shipments. Inputting this information accurately is of the utmost importance, as it is used […]
We have seen terrible problems arise when pharmaceuticals for medical trials have been imported without sufficient coordination between the importer and its broker. The Product Development and Testing Act of 2000 (PDTA) was enacted as part of the Tariff Suspension and Trade Act of 2000 (Act). Its purpose is to promote product development and testing in the United States, by […]
A surprising number of our clients have received subpoenas in civil suits or from Federal agencies lately, and there tends to be a bit of confusion about what exactly the implied responsibilities are regarding subpoenas. As such, it seemed only appropriate to author a blog on the topic this week. To start, let’s review what a subpoena is. Officially, a […]
It is always important to ensure that you are completing international shipping documentation accurately. One of the documents required for each single commodity exported having a value exceeding $2,500 is a Shipper’s Export Declaration (SED). SEDs essentially allow the Census Bureau to keep track of what is being exported from the United States. Back when I started, in the Bronze […]
The Food and Drug Administration (FDA) is the entity responsible for monitoring and assuring that all foods sold within the United States are “safe, wholesome, and properly labeled.” Because we get so many inquiries on the subject, I thought a blog on it would be appropriate. There are various guidelines governing the way to properly label food products, and it […]
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 […]