intellectual property

Importing Drones into the U.S.: Key CBP Requirements You Need to Know

Authors:
Jennifer Diaz, President, Diaz Trade Law
Jonathan Rupprecht, Aviation Attorney at Rupprecht Law

Importing goods into the U.S. requires navigating a web of regulations that spans 47 federal agencies. If you are the importer of record, it is your duty to exercise “reasonable care” in meeting these obligations. As part of this duty, importers must take adequate steps to properly classify and determine the value of imported goods, provide information to CBP in properly assessing duties, and determine whether other applicable legal standards and requirements have been met.

When importing drones into the U.S., importers need to be mindful of several requirements including classification, intellectual property, additional duties, and a changing U.S. trade policy.

Classification

When importing goods into the United States, importers must correctly classify their products. The Harmonized Tariff Schedule of the United States (HTSUS) is the primary resource for classifying goods and determining which tariffs apply.

The HTSUS is issued annually by the International Trade Commission (ITC). It is comprised of a 10-digit import classification system that is specific to the United States. This 10-digit code encompasses the World Customs Organization’s (WCO) six-digit uniform classification system shared among more than 200 countries.

An HTSUS is formatted to list the first 6-digits set forth by the WCO, also known as a heading and subheading and the last four digits assigned by the ITC that are specific to the U.S.

Prior to 2022, the HTSUS has lacked classifications specific to Unmanned Aircraft System (UAS). Importers had to classify under codes applicable to crewed aircraft […]

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

TOP 10 MISTAKES MADE BY TRADEMARK OWNERS

In most jurisdictions, the majority of trademark filings are made by small businesses and entrepreneurs or solopreneurs. When starting a business, it is easy to get caught up on getting your business off the ground. Below outlines the TOP 10 mistakes trademark owners can make (and we will teach you how to avoid them and MUCH more in our seminar, ABC’s of Protecting Your Brand, on February 20, 2019).

  1. Not Realizing That Protecting Trademarks Could Create Value for Your Business.

Most new businesses should analyze the value of their business from the start. While most businesses operate out of rented/leased space or straight out of the owner’s home and rely on loans to promote their services or financing for product inventory, businesses fall short in adding value to their own brand name. When it’s time to sell or liquidate businesses are left with little or no assets apart from their client lists and intellectual property, if any. Not investing in protecting their trademarks will diminish the value of their business in the future.

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USMCA Replaces NAFTA

After thirteen months of negotiations, the U.S., Mexico, and Canada have created a new trade agreement called the “United States-Mexico-Canada Agreement” (USMCA) on October 1, 2018.

What is the USMCA?

The USMCA is the new trade agreement that builds on and modifies the trade policies created in the North American Free Trade Agreement (NAFTA), which was signed in 1994. The purpose of the USMCA is to align the trade agreement with the current trade environment. Various industries may experience changes due to the USMCA, which could eventually affect individual consumers. […]

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