Administrative Law

Byrd Constitutional

Posted on February 19, 2009
What's with the dumping cases suddenly being interesting?The Federal Circuit has reversed the Court of International Trade and held that the Byrd Amendment is constitutional. The amendment provided disbursements of antidumping duties collected to members of the domestic industry that supported the petition...

Really? This is what we are worried about?

Posted on February 17, 2009
H.R. 1082. A bill to prohibit the importation for sale of foreign-made flags of the United States of America; to the Committee on Ways and Means.Now, in the 111th Congress, a bill that has died in the last four congresses.

Toshiba Tablet Trouble

Posted on February 11, 2009
I have had a tablet PC for a long time. It is an aging Toshiba M200 and I am quite happy with it. So happy, in fact, that I would like to replace it with another tablet. I'd even get another Toshiba, but they are making it hard.One of the great benefits of a tablet is that it is an easy way to end up with a dual monitor system...

Details on Georgetown

Posted on February 11, 2009
Yes, I feel chastised by the comment to a previous post. Here are the details on the always excellent Georgetown Law CLE International Trade Update for 2009. Here is the brochure.And here is the blurb:Designed for both new practitioners and experienced trade and customs lawyers, the international Trade Update provides you with critical knowledge, skills and practice development ideas...

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Commissioner Basham to Retire

Posted on February 11, 2009
News flash:The Commissioner of Customs and Border Protection has announced his intention to retire at the end of the month. Commencing March 1, current Deputy Commissioner Jayson Ahern will be Acting Commissioner. Here is a JOC article.What qualities do you want to see in the next Commissioner?

Laptop Searches: Signs of Change?

Posted on February 06, 2009
Just a quick note. This may be a sign of change at DHS. This comes from an internal draft letter regarding how DHS manages privacy issues. Among the issues discussed is searches of digital media by Customs and Border Protection (which is unnamed in the letter):Border Searches and Seizures of Stored Digital Information...

Stimulus Update

Posted on February 05, 2009
This is a fast developing story.  It seems that the Senate has heard complaints from far and wide about the Buy American provisions put into the stilulus plan passed by the House.  Australia, for example, does not want to be shut out of providing the steel for new bridges and roads...

Eurodif, finally

Posted on February 05, 2009
Eurodif is a dumping case.  This is the Customs Law Blog.  Usually, I skip over the dumping cases.  But, this is the U.S. Supreme Court.  So . . . let's get to it.The relevant facts are simple.  The importer "buys" low enriched uranium for money plus unenriched uranium...

Holy See, Batman!

Posted on February 04, 2009
The Fish & Wildlife Service has announced the list of countries that have not properly documented their Competent Management and Scientific Authorities under the Convention on the International Traffic in Endangered Species (CITES).  As a result, CITES documentation from these countries will not be accepted...

Lots to Blog

Posted on February 04, 2009
I'll get to Eurodif today.Reminder that I'll be speaking at the Georgetown CLE International Trade Update March 5-6.Substantively, the USTR is asking for comments on U.S. participation in a Trans-Pacific Free Trade Agreement.  Are we suffering free-trade agreement fatigue yet?  Is American industry clamoring for a new compliance regime to access trade with our neighbors around the pacific?  This proposed agreement would include:SingaporeChileNew ZealandBurei DarussalamAustraliaVietnamPeruNote that we currently have agreements with Singapore, Chile, Australia, and Peru...

CITBA Winter Luncheon Meeting

Posted on January 30, 2009
If you are in DC February 10, please come to the Customs and International Trade Bar Association luncheon meeting.  Here are the details:CUSTOMS AND INTERNATIONAL TRADE BAR ASSOCIATION WINTER LUNCHEON AND SEMINAR   Date:               February 10, 2009 Place:               Willard Inter-Continental                         1401 Pennsylvania Avenue, N...

Supreme Court Reverses Eurodif

Posted on January 29, 2009
As with most things in administrative law, it is all about Chevron.  The upshot of this case is that Commerce's interpretation that the contract for the enrichment of uranium and the return of low enriched uranium falls within the ambit of the antidumping laws is permissible...

Buy Amercian Controversy in Stimulus

Posted on January 29, 2009
It seems the Obama Administration is about to walk into its first test on trade policy. The House-passed stimulus package includes a provision requiring that certain materials (including steel) used in stimulus-funded infrastructure programs come from the US...

File Your Report

Posted on January 27, 2009
Brokers know that they are required to file a report with Customs and Border Protection stating that they are continuing to work as a broker and their address.  That's in the customs regulations at sec. 111.30(d).  They also have to pay the applicable $100 fee...

10 + 2 is a Go

Posted on January 26, 2009
Sources within U.S. Customs and Border Protection (CBP) have confirmed that late Friday a decision was made by the Office of Management and Budget (OMB) and Department of Homeland Security (DHS) not to delay the implementation date for the 10+2 rule.

Hold Everything

Posted on January 23, 2009
The Obama Administration has halted the implementation of all pending regulatory changes until they are reviewed. This throws lots of Customs and Border Protection activity into limbo. For now, the Importer Security Filing (AKA 10 + 2), aspects of the Lacey Act, the country of origin rules, etc...

Peru FTA Effective Feb. 1, 2009

Posted on January 21, 2009
Here is a press release from the Office of the United States Trade Representative regrading the February 1 implementation of the Peru FTA.  Expect an immediate uptick in the importation of llamas.In more Peru news, portions of the Nazca lines have been damaged by rainfall...

C-TPAT Year in Review

Posted on January 21, 2009
Customs and Border Protection has published a 2008 year in review of its Customs-Trade Partnership Against Terrorism program.  Here are some interesting 2008 statistics:Certified 1,448 new membersValidated 3,469 supply chainsAdded 50 supply chain specialistsSuspended 121 membersRemoved 118 membersCompleted 52 appeals (26 denied, 18 approved, 8 reduced suspensionsFor those of you who may not know, C-TPAT is a voluntary program under which members agree to undertake reasonable steps to secure their supply chain from container stuffing to delivery to the ultimate consignee...

Breaking Ice

Posted on January 19, 2009
I went into the office today despite our being officially closed for MLK, Jr. Day. I feel like I need to catch up a bit as I will be out Thursday through Monday for various work and non-work events.While sitting at my desk working on a paper about res judicata and stare decisis, I heard an unfamiliar rumbling noise...

News You Can Use

Posted on January 15, 2009
FDA Starts Pilot Program for Safety of Drugs Made Outside U.S. - WSJ.comThis is great news for spammers. Now you'll be able to trust those internet "pharmacies" promising to deliver your important (and recreational) medicines to your door. It's probably also good news for lots of people who have a hard time paying for their medications...

While I'm On Tech . . . .

Posted on January 14, 2009
This page lists U.S. Government information sources on Twitter.One agency that is not mentioned is Customs: http://twitter.com/CBP_updateRemember, if you want to follow me, I am at http://twitter.com/customslawblog. But seriously, I'm not sure I'd want to follow me...

It's a Tech Post

Posted on January 14, 2009
Been a while.Have I mentioned that I love my Zune? Last time I discussed it, I was upset about having lost mine. I subsequently replaced it and went with the 120 GB version.The hardware is cool and works just like it should. Not really that different than an iPod once you get the hang of the touch pad...

Stare Decisis in my Eyes

Posted on January 14, 2009
Lately, I have been thinking a lot about stare decisis.  [Hence the title.]  Those of you who saw my panel at the Court of International Trade Judicial Conference probably know why.  It turns out that I will be discussing much the same territory at the 2009 International Trade Update at Georgetown Law (March 5-6)...

CAFTA-DR Refunds

Posted on January 09, 2009
One side effect of Costa Rica finally implementing the Central American Free Trade Agreement is that the clock has started to run on certain retroactive claims for duty-free treatment.As implemented in 19 CFR 10.699, the Agreement permits retroactive application of the duty preferences and, therefore, refunds of excess duties paid on goods that qualify...

Treaty Schmeaty

Posted on January 08, 2009
Right now, I am grading papers for my John Marshall Class on NAFTA and other US Free Trade Agreements.  A theme running through a few is whether NAFTA is constitutional.  The most common argument against constitutionality is that NAFTA is a treaty.  The Constitution requires treaties to be negotiated by the President and ratified by the Senate by a 2/3 vote...

Customs News of the Weird

Posted on January 04, 2009
Here is a short news story from the AP:A federal judge in Brooklyn has rejected a Liberian woman's religious reasons for smuggling endangered monkey meat into the country.U.S. District Judge Raymond J. Dearie ruled Wednesday that Mamie Manneh's faith didn't preclude her from applying for permits to import exotic food or explain why she misled officials...

Desk Clearing: ITC Study on First Sale

Posted on January 02, 2009
I am back from a brief vacation and clearing my virtual and physical desktops before I have to go to Washington on Monday.Thus, I pass along this notice from the United States International Trace Commission announcing the formal commencement of its study of customs valuation using the "first sale methodology...

Welcome to CAFTA-DR

Posted on January 02, 2009
Dear Costa Rica:Welcome to the table as of January 1, 2009.  We are very happy to welcome you to full participation in the CAFTA-DR. On behalf of no one, let me extend my best wishes for a long and prosperous relationship.LarryP.S.Here is what USTR Schwab had to say on the topic.

.PR

Posted on December 29, 2008
Greetings from the customs territory of the United States, but just barely.I'm annoyed at Google today because when I tried to search for something, it sent me to www.google.com.pr en espanol.  I understand that this is a feature not a bug and that it makes life easier for the locals...

One More Quick Item

Posted on December 22, 2008
An increase in the duty on cars imported into Russia has caused violent protests. Here is the a href="http://www.nytimes.com/2008/12/22/world/europe/22russia.html?partner=permalinkamp;exprod=permalink"New York Time story/a. Forget about all the academic arguments over whether high tariffs are good or bad for the local economy...

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