March 2013 - Page 2 of 2 - Customs & International Trade Law Firm

File Your Petitions Timely, Or Else…

As of January 9, 2013, Customs and Border Protection (CBP) is making procrastinators pay the price for filing untimely petitions that seek relief from liquidated damages. CBP amended it’s guidelines for the cancellation and mitigation of claims for liquidated damages in cases where petitioners are late in filing claims for relief. Additionally, CBP also changed the formula for calculating late petition mitigation.

Current Rule for Timely Petitions

Under the existing regulatory authority, in order to be considered timely, petitions for relief in response to claims for liquidated damages must be filed:

A. By bond principals within 60 days from the date of mailing of the notice of liquidated damages (see 19 C.F.R. 172.3(b)) or any lawful extension thereof; or
B. By sureties within 60 days of the demand for payment by CBP (see 19 C.F.R. 172.4) or any lawful extension thereof.

When circumstances so warrant, extensions of the time period to file a petition may be granted by the FP&F Officer (FPFO) if such an extension of time is requested during the 60-day period available for timely filing a petition (see 19 C.F.R. 172.3(c)). The amendment to the current rule does not allow a petition for relief to be considered if it is filed after (a) the commencement of sanctioning action against the bond principal or (b) the issuance of a notice to show cause against the surety.

A party responsible for a liquidated damages claim may submit an offer in compromise to CBP pursuant to 19 U.S.C. § 1617 […]

By Jennifer Diaz|2022-07-07T09:46:14-04:00March 6, 2013|Best Practices, U.S. Customs and Border Protection (CBP)|0 Comments

FDA Extends Comment Period on AquAdvantage Salmon Documents

Were you interested in submitting comments for the draft documents regarding Environmental Assessment (EA) and preliminary Finding of No Significant Impact (FONSI)? Specifically, those pertaining to AquaBounty Technologies’ application for AquAdvantage Salmon? If so, you’re in luck! The U.S. Food and Drug Administration announced today that it is extending the comment period for another 60-days. The comment period was supposed to conclude on Feb. 25, 2013. Now, the comment period runs until April 26, 2013.

AquAdvantage salmon is the trade name for a genetically modified Atlantic salmon developed by AquaBounty Technologies. The AquAdvantage salmon has been modified by the addition of a growth hormone regulating gene from a Pacific Chinook salmon and a promoter gene from an ocean pout to the Atlantic’s 40,000 genes. These genes enable it to grow year-round instead of only during spring and summer. The purpose of the modifications is to increase the speed at which the fish grows, without affecting its ultimate size or other qualities. This allows producers to supply enough salmon for the large quantity of year-round purchasers and consumers to enjoy a quality product.

The draft EA and preliminary FONSI are one step in FDA’s evaluation of the AquAdvantage Salmon and do not indicate an approval of the application. The National Environmental Policy Act of 1969 (NEPA) requires FDA and other federal agencies to perform such assessments whenever a major Federal action is taken. Comments made regarding these documents could potentially benefit […]

By Jennifer Diaz|2015-11-30T13:24:15-05:00March 4, 2013|FDA Issues|0 Comments

So what did CBP do in 2012?

On February 2, 2013, U.S. Customs and Border Protection (CBP) released a statement detailing the border enforcement efforts employed in 2012. The summary demonstrates the successful results of a historic level of personnel, technology, and resources that have contributed under this Administration. In 2012, CBP continued to respond to illegal cross-border traffic through targeted operations, enhanced partnerships and an effective deployment of personnel, technology and infrastructure along the border, while facilitating legitimate trade and travel. Over the past year, CBP has reduced the barriers for fast efficient and secure travel. This has promoted growth in international trade and has made the industry much safer.

The Statistics

Travelers

The CBP officers inspected more than 350 million travelers. At air ports of entry alone, CBP officers processed more than 98 million international travelers, an increase of more than 4 percent from fiscal year 2011, and a 12 percent increase since fiscal year 2009. Attempts to cross the border illegally, as measured by U.S. Border Patrol apprehensions, totaled nearly 365,000 nationwide in 2012, representing a nearly 50 percent decrease since 2008 and a 78 percent decrease from their peak in 2000. CBP enrolled more than 414,000 new travelers in the agency’s Trusted Traveler Programs, with membership totaling over 1.5 million people by the end of the fiscal year. At the ports of entry in 2012, CBP officers arrested nearly 7,700 […]

By Jennifer Diaz|2015-11-30T13:25:05-05:00March 4, 2013|U.S. Customs and Border Protection (CBP)|0 Comments

FDA Announces Final Rule on Administrative Detention of Food

On February 4, 2013, the FDA announced the final rule amending the criteria for administrative detention to prevent potentially unsafe food from reaching the marketplace. This change follows the changes to the Federal Food, Drug, and Cosmetic Act under the Food Safety Modernization Act. The final rule adopts the same policy that was implemented by the interim final rule without any change. The interim final rule was published in May 2011. This rule became effective in July 2011. The interim final rule amended the criteria for ordering administrative detention. This rule permits the FDA to administratively detain food it believes is adulterated or misbranded.

Prior to the enactment of the Food Safety Modernization Act, the FDA was able to detain a food product only when it had credible evidence that a food product presented a threat of serious adverse health consequences or death to humans or animals. The final rule loosens the parameters of the previous regulation and allows the FDA to detain food that it believes is adulterated or misbranded. The agency can keep the products out of the marketplace for a maximum of 30 days while the agency determines whether it will be taking further enforcement action. Further enforcement action may include the seizure of the goods. This new rule could cause difficulties in the importation of your product. Please contact me now so that I may inform you what your options are to avoid any potential issues that may arise due to the enactment […]

By Jennifer Diaz|2022-07-07T09:44:38-04:00March 4, 2013|FDA Issues|0 Comments

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