2017 - Page 7 of 9 - Customs & International Trade Law Firm

31,560 Shipments Were Seized by CBP in 2016 for ONE Reason

Last year, on a typical day the U.S. Customs and Border Protections (CBP) seized about $3.8 million worth of products because of Intellectual Property Rights (IPR) Violations. CBP reported that the total number of IPR seizures has increased nine (9) percent since last year, from 28,865 in 2015 to 31,560 in 2016. With the manufacturer’s suggested retail price (MSRP) exceeding $1.3 trillion.

What is Causing the Increase in Seizures?

Recordation of Trademark And Copyright With The CBP

In addition to registration of IPR with the U.S. Patent and Trademark Office (USPTO for trademarks), or the U.S. Copyright Office (for copyrights), owners can record said trademark or copyright with CBP. This additional step grants CBP additional enforcement power in both seizing counterfeit and piratical goods as well as thereafter issuing penalties for the MSRP value of the goods. In previous blog posts, we explained benefits of taking the extra step of recording your registered trademark or copyright with CBP, and CBP’s additional enforcement powers as a result of the recordations. […]

By Jennifer Diaz|2022-07-07T12:05:23-04:00March 24, 2017|Counterfeits, Import, Intellectual Property Rights, IPR, Trademarks and Logos, U.S Department of Homeland Security (DHS), U.S. Customs and Border Protection (CBP)|4 Comments

The Centers For Excellence and Expertise Have Arrived!

What are the Centers for Excellence and Expertise?

CBP is changing how it does business. CBP envisions an end to port shopping and uniform decision making throughout all ports of entry via use of the Centers of Excellence and Expertise (CEE). We previously advised our readers that a CEE was arriving in Miami!

By way of background, in 2012, Customs and Border Protection (CBP) published a Federal Register notice (77 FR 52048) that “developed a test to incrementally transition the operational trade functions that traditionally reside with port directors to the CEE.” The purpose of the test was to expand the CEEs’ ability to make decisions, by allowing the directors of the CEE to make decisions that were normally reserved for port directors. CBP’s goal for the CEEs is to “facilitate trade, reduce transaction costs, increase compliance with applicable port laws, and to achieve uniformity of treatment at the ports of entry for the identified industries (77 FR 52048).”

CBP discussed the application process, and urged importers to apply to a CEE to begin receiving the benefits of being a participating account early.

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By Jennifer Diaz|2022-07-07T12:04:05-04:00March 17, 2017|Import, International Trade, Pre-compliance|0 Comments

CBP’s 2017 West Coast Trade Symposium…Don’t Miss It!

UPDATE – CBP JUST ANNOUNCED TODAY that registration will OFFICIALLY open on Wednesday, March 22, 2017, 12:00 pm Eastern. Keep your eyes peeled for more information from CBP!

We always strive to keep you informed of the latest and greatest trade events. In this vain, U.S. Customs and Border Protection will be hosting the 2017 West Coast Trade Symposium from May 24-25 in Scottsdale, Arizona.

More information about the event, including where to register, will be provided at a later date (and will be posted here). You can be sure we’ll keep you in the loop as we hear more.

If you need reasons to attend (or to get your employer to foot the bill), check out these top 5 reasons! […]

By Jennifer Diaz|2017-03-20T22:51:54-04:00February 20, 2017|Best Practices, Customs Expert, Events, International Travel, U.S Department of Homeland Security (DHS), U.S. Customs and Border Protection (CBP)|0 Comments

Hate Unfair Demurrage Charges? Want To Do Something About It?

Now’s the time to make your voice heard. Below details what demurrage charges are and a trade initiative that FMC is currently requesting comments on.

What is demurrage?

Demurrage is “a penalty charge against shippers for delaying a shipment/container at a port of loading or destination beyond the allowed free”.

How Much Time is Provided for Free?

“Free time is the grace period for which neither of these charges will be incurred.” There is no standard amount of free time. Free time can change from carrier to carrier, from port to port and sometimes from container type to container type. Normally it is anywhere between 3-5 calendar days.
Free time is supposed to include a realistic time period to assemble cargo for loading, and provide consignees a realistic time period to retrieve cargo at a terminal after unloading.
The fee charged after the expiration of the “free time” varies. For example, for one carrier, the per diem fee can range anywhere between: $200 to $800 per day!

What is Being Done to Change this Demurrage Fee?

Back in December, “the Coalition for Fair Port Practices, a group of 25 members that represent shippers, receivers, motor carriers, port draymen, freight forwarders, third-party logistics companies and customs brokers”, petitioned the Federal Maritime Commission (FMC) in hopes that the FMC would issue a ruling on extending the free time for container storage and equipment use that is disrupted by events outside […]

By Jennifer Diaz|2017-02-13T23:56:25-05:00February 16, 2017|Customs Broker, Export, Import, U.S. Customs and Border Protection (CBP), U.S. Federal Maritime Commission (FMC)|0 Comments

New Executive Order…Will Small Businesses Benefit?

On January 30th, the Office of the Press Secretary released the Executive Order (EO) on reducing federal regulations and controlling regulatory costs. This latest EO requires that all federal agencies “cut two existing regulations for every new regulation they implement”. According to President Trump, this EO is meant to help small businesses by easing “the opening and expansion of small businesses” and the “incremental costs for the new regulations in 2017 will be zero dollars”. The EO requires “for every one new regulation issued, at least two prior regulations be identified for elimination, and that the cost of planned regulations be prudently managed and controlled through a budgeting process.” There will also be “certain categories of regulations that will be exempt from this new policy, including those dealing with the military and national security”. […]