August 2023

Customs and Trade News Weekly Snapshot

Here is a recap of the latest customs and international trade law news:    

 Customs and Border Protection (CBP)     

  • CBP Releases July 2023 Monthly Update. In July 2023, CBP: 
    • Processed more than 3 million entry summaries valued at more than $262 billion.  
    • Identified nearly $7 billion of duties to be collected by the U.S. government. 
    • Stopped 388 shipments valued at more than $107 million for further examination based on the suspected use of forced labor. 
    • Seized 1,698 shipments that contained counterfeit goods valued at more than $165 million. 
  • Fake Apple watches, wireless headphones worth nearly $400K seized by CBP at ONT and LA/LB Seaport. 
  • Cincinnati CBP seizes 100 shipments containing counterfeit MLB, MLS, NFL merchandise. 
  • CBP, FWS seize seahorses, snakes, snake oil, and prohibited pork products at Dulles Airport.  
  • Quota bulletin: Cotton provided for in Chapter 52, Additional U.S. Note 5, Harmonized Tariff Schedule.
  • EAPA investigations […]
By |2023-08-25T20:59:15-04:00August 25, 2023|Snapshot|0 Comments

Customs and Trade News Weekly Snapshot

Here is a recap of the latest customs and international trade news:    

 Customs and Border Protection (CBP)    

  • Memphis CBP, HSI repatriates precious cultural artifacts to Mexico. 
  • CBP accused of ignoring Ivory Coast cocoa ban petition – child welfare advocates filed a federal lawsuit asking a judge to force the Biden administration to block imports of cocoa harvested by children in West Africa that can end up in America’s most popular chocolate desserts and candies. 
  • CBP opens October 2023 Customs Broker License Exam registration. 
  • CBP announces trade portals data freeze – the Customs Trade Partnership Against Terrorism (CTPAT) and the Trade Compliance (TC) program Portals will “enter into a data freeze window” from Sept. 16-30. During this time, there will be no access to either Portal for trade users. 

World Trade Organization (WTO) 

  • WTO rejects China’s Trump-era tariffs against imports from U.S. – In a ruling published this week, the WTO said China violated its fundamental trade commitments when it imposed tariffs on $2.4 billion worth of US products in retaliation for former President Donald Trump’s steel and aluminum duties. 

Administration 

By |2023-08-18T10:55:07-04:00August 18, 2023|Snapshot|0 Comments

Customs and Trade News Weekly Snapshot

Here is a recap of the latest customs and international trade law news:    

Customs and Border Protection (CBP)    

  • CBP releases new details on the movement of forced labor detained cargo for storage. The agency stated that importers or their authorized filers may submit a request to the port director at which their cargo is detained pursuant to 19 U.S.C. 1307 to move their detained cargo to a customs bonded warehouse for storage pending resolution by CBP or the importer. 
  • Additional functionality now available in the modernized ACE Portal – Trade users can now create and/or edit basic account data and additional account supporting data. More details here. 
  • CBP expands public-private partnerships with new Reimbursable Services Program selections 
  • CBP and the U.S. Chamber of Commerce team up to educate Americans on identifying and avoiding counterfeit goods.  
  • CBP National Commodity Specialist Division announces September webinars – the division has announced the final webinars of its 35 commodity-specific, education series which commenced in February and end in September. Each webinar starts at 1:30 p.m. ET and runs for about an hour. 

Administration 

By |2023-08-11T14:54:47-04:00August 11, 2023|Snapshot|0 Comments

FDA Issues Draft Guidance for Registration and Listing of Cosmetic Product Facilities and Products

On August 7, 2023, the U.S. Food and Drug Administration (FDA) issued draft guidance to assist cosmetics companies submitting cosmetic product listings and cosmetic product facility registrations to the agency. The agency characterized the guidance as playing a critical role in helping to ensure the safety of cosmetic products that many consumers use day-to-day.

Background

The growth in the cosmetics industry over the last several years prompted Congress to pass the Modernization of Cosmetics Regulation Act (MoCRA). in 2022. MoCRA modernizes and strengthens cosmetics regulations in the United States and gives the FDA additional authority. Key MoCRA requirements include:

  • FDA registration for cosmetics facilities
  • Product listings for each cosmetic product
  • Adverse event reporting
  • Safety substantiation
  • Compliance with Good Manufacturing Practices (GMPs)
  • Fragrance allergen labeling

MoCRA also gives the FDA new records access and mandatory recall authority. To assist companies in their MoCRA compliance efforts, the FDA has published new guidance answering key questions and providing recommendations.

Draft Guidance

The draft guidance for industry describes MoCRA requirements for facility registration and product listings, as well as the exemptions for certain small businesses. The guidance explains:

  • The statutory requirement to submit cosmetic product facility registrations and product listings
  • Definitions
  • Who is responsible for making the submissions
  • What information to include in the submissions
  • How to make the submissions
  • When to make the submissions

The document also answers key questions such as what to do if a product is both a drug and a cosmetic product and whether there are fees to submit a registration […]

Secure Proactive Monitoring and Enforcement of Your IP Rights Through CBP’s Recordation Program

Do you have a trademark or copyright filed with the United States Patent and Trade Office (USPTO)? While registering your intellectual property (IP) with the U.S. government is necessary to protect against infringers, it is only half the battle. IP owners need to have robust monitoring processes in place to find and enforce against infringers. Fortunately, U.S. Customs and Border Protection (CBP) can help you monitor for infringing merchandise at ports of entry through the CBP recordation program.

What is CBP Recordation? 

The purpose of recording a copyright or trademark with CBP is to partner with the agency to prevent the unauthorized import or export of merchandise which bears a recorded trademark or copyright. CBP has the authority to seize, detain, forfeit, and even destroy merchandise entering or leaving the U.S. if it infringes on a valid trademark or copyright that has been subsequently recorded with the agency.

Once a trademark or copyright is recorded with CBP, the owner’s information is entered into an electronic database accessible to over 60,000 U.S. Customs officers in the United States and overseas. CBP uses the information to target shipments and physically examine merchandise which ultimately prevents the importation or exportation of infringing goods. As of 2021, the number of active recordations with CBP is 20,756.

Gray Market Protection

Some IP owners may also be eligible for “gray market” protection, which pertains to genuine products bearing a trademark or brand name approved for use in a country outside the U.S. Gray market goods are different […]

By |2023-08-30T16:43:01-04:00August 7, 2023|Import, Intellectual Property Rights|0 Comments
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