2009 YEAR-END TPL PROCEDURES

In order to benefit from 2009 TPL duty-free status, U.S. Customs & Border Protection requires that eligible TPL shipments be filed and closed with U.S. Customs no later than December 31, 2009. This means that the entry must not only cross the border in 2009 but must also have a full and complete Customs release i.e.


LACEY ACT CHARGES PENDING FOR ILLEGALLY HARVESTED WOOD PRODUCTS

The Fish and Wildlife Service recently raided the factory of a major guitar manufacturer in the first known enforcement action under the Lacey Act amendments. According to press reports, federal officials were looking for evidence that the company is using illegally harvested wood imported from Madagascar, which is prohibited under the


POSSIBLE TARIFF REMOVAL ON ENVIRONMENTALLY-FRIENDLY PRODUCTS

According to the Hong Kong Trade Development Council, the European Union and the U.S. are currently negotiating a trade pact whereby China and OECD members (Japan, Australia and Canada) would eliminate tariffs on “green goods” to boost global trade in technologies that inhibit climate change.

It is hoped that such a deal, if adopted,


COPYRIGHT & TRADEMARK VIOLATIONS – IPR ENFORCEMENT GUIDE

U.S. Customs and Border Protection has updated its Informed Compliance Publication entitled “CBP Enforcement of Intellectual Property Rights”.

In accordance with 19 CFR 133.27, in addition to seizures, CBP may impose a civil fine for merchandise bearing counterfeit marks or labels. The first offence is subject to a fine of up to


BLANKET CERTIFICATES OF ORIGIN FOR 2010

Blanket certificates of origin under the North American Free Trade Agreement (NAFTA) are valid for a maximum of 12 months.

Importers are obliged to pay full duty when goods arrive without a valid certificate of origin covering all qualifying products imported; it is an offence subject to penalties to claim preferential tariff treatment without


COPYRIGHT & TRADEMARK VIOLATIONS – IPR ENFORCEMENT GUIDE

U.S. Customs and Border Protection has updated its Informed Compliance Publication entitled “CBP Enforcement of Intellectual Property Rights”.

In accordance with 19 CFR 133.27, in addition to seizures, CBP may impose a civil fine for merchandise bearing counterfeit marks or labels. The first offence is subject to a fine of up to


CPSC ENFORCEMENT INCLUDES SAMPLING

On October 22, 2009, we advised that the Consumer Product Safety Commission (CPSC) issued a report to Congress outlining the actions it is taking to strengthen its oversight of imported products.

Increased staff has been installed at the ports of Buffalo, NY and Seattle, WA, to support the testing and analysis of more samples and follow


REPLACEMENT FAST DRIVER REGISTRATION CARDS REQUIRED

U.S. Customs and Border Protection is reminding carriers that first generation FAST cards will no longer be accepted at the border as of December 1, 2009.

CBP has been issuing new FAST cards since March 16, 2009. The new cards have enhanced security features that allow Canadian cross-border drivers to comply with Western Hemisphere


APHIS USER FEES WILL NOT INCREASE FOR COMMERCIAL VEHICLES

The U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) has withdrawn the planned increase in user fees charged for certain agricultural quarantine and inspection services provided for commercial vessels, trucks, rail cars and aircraft, as well as international airline passengers, arriving at U.S. ports of entry. (Refer to


CBP UPDATES TO ISF / 10+2 SECURITY FILING DATA AND PENALTIES

U.S. Customs and Border Protection (CBP) has added functionality to its Importer Security Filing (ISF) system, referred to as 10+2, and is updating its penalty policy.

CBP HQ (Washington) will preview penalties issued by ports using guidelines currently under development. The guidelines are to be developed in response to