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Category: Customs Lawyer

  • Importer Security Filing (“ISF”) Penalty

    On January 26, 2009, CBP issued a rule titled Importer Security Filing ("ISF") and Additional Carrier Requirements (commonly known as “10+2”) went into effect. Prior to merchandise arriving by vessel for importation into the United States, the “Importer Security Filing (ISF) Importer,” or their agent (e.g., licensed customs broker), must electronically submit certain advance cargo information to CBP in the form of an Importer Security Filing. This requirement only applies to cargo arriving in the United States by ocean vessel; it does not apply to cargo arriving by other modes[...]

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  • Exporting New and Used Vehicles from the United States to an Overseas Buyer

    The question of whether one is permitted to export a vehicle from the United States to a foreign buyer (in China, Dubai, etc) is a tricky one.  Over the last few years there have been cases of federal officials seizing vehicles and cash associated with the business of exporting vehicles. News articles and government press releases of such scenarios have been reported on: Two California Men Plead Guilty In "Far-Reaching And Elaborate" Automobile Export Scam (April 29, 2013) U.S. Targets Buyers of China-Bound Luxury Cars (February 11, 2014) Man accused of identity[...]

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  • Hoverboards On Fire This Holiday Season – Literally

        This past holiday season hoverboards have been one of the most popular items this past holiday season.  As a result, we have received numerous phone calls regarding U.S. Customs and Border Protection ("CBP" or "Customs") intense examinations of these products.  The reason being is that there have been cases where these hoverboards burst into flames due to counterfeit batteries being used to power them. See here http://nypost.com/2015/12/30/hoverboard-bursts-into-flames-inside-a-brooklyn-apartment/. This led to intervention by the Consumer Product Safety Commission ("CPSC"), the federal agency regulating the safety of consumer products nationwide.[...]

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  • Exporting to Dubai – UAE and CBP’s Fear of Iran

    Companies looking to export goods to Dubai need to be aware that it takes proper precaution before they submit the export documents to U.S. Customs and Border Protection ("CBP" or "Customs").  We have dealt with many cases where Customs is suspicious as to the end user of said goods.  Conversations with CBP personnel have indicated that Dubai is a major reexporter of goods to Iran.  As of today's blog post, the U.S. maintains sanctions against Iran.  See our previous posts on Iran and sanctions here.  As a result, goods may[...]

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  • Remanufactured or Refurbished Cell Phone Importing – What Should You Know?

    There is a big market for used cell phones around the world.  Accordingly, we come into contact with many entrepreneurs who are involved in the secondary cell phone market.  As a result, we have handled many cases involving refurbished or remanufactured cell phones. Your typical fact pattern involves a U.S. company that would export broken cell phones to a refurbishing center in a foreign country. Depending on the nature of repair, the cell phones would undergo a thorough repairing process before they are considered to be back in good working order.[...]

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  • Smoke Shop Importing Into the U.S. – What Should You Know?

    U.S. Customs and Border Protection (CBP or Customs) is the federal agency in charge of determining the admissibility of items sold in smoke shops across the country.  Presently, we have been asked by importers across the United States for information regarding how to determine whether ones product will meet scrutiny by CBP.  Moreover, whether Customs would permit entry of these products into the United States. For such products like water pipes, grinders, blunt wraps/wrappers, and vaporizers CBP will consider whether the specific product you are attempting to import constitutes "drug paraphernalia."[...]

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  • Frequently Getting Selected by Customs and Border Protection for Additional Screening at U.S. Ports or Borders? Here’s What You Can Do…

    If you find yourself consistently being detained for secondary screenings at U.S. entry ports when returning from international destinations, you should probably contact the Department of Homeland Security’s Travel Redress Inquiry Program ("DHS TRIP"). The above statement also applies to travelers who: Often face problems at ports of entry Were delayed or denied entrance on an airplane Were denied or delayed when trying to enter or exit U.S. ports of entry or border checkpoints. Feel that they have been improperly or unfairly: denied, delayed, or required to undergo additional screening[...]

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  • Understanding the Charges That Come with a CBP Inspection Conducted at a Centralized Examination Station

    If you have recently had a container inspected by Customs and Border Protection (CBP), you are probably wondering why you are being charged by the Centralized Examination Station (CES) conducting the inspection. While those charges might seem strange at first, it’s all part of the regular examination process. Every day, thousands of shipments make their way through U.S. ports of entry, and it is the CBP’s responsibility to ensure that these shipments do not contain contraband or otherwise illegal items. In order to protect our borders CBP has the right[...]

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  • Land Rover Defender Destroyed By U.S. Customs – How Can This Be Prevented?

    I have represented many importers looking to import vehicles from around the world into the United States.  For those doing so, one must ensure that the vehicle is in compliance with the laws and regulations of the Department of Transportation. Otherwise, entry into the United States will be prevented by U.S. Customs and Border Protection. If a violation is found, the importer will face the possibility of a seizure and severe penalties for failing to comply.  If you find yourself in such a situation best to contact an attorney experienced[...]

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  • Customs Attorney: Liquidated Damages – Amended Guidelines for Untimely Petitions and Mitigation of Claims

    Recently, U.S. Customs and Border Protection ("CBP") amended its guidelines for the cancellation and mitigation of claims for liquidated damages in situations where the Petitioner is late in filing claims for relief.  Petitions are considered "untimely" or "late" if they fall outside of the established regulatory time frames or after the expiration of any lawfully obtained extensions.  19 C.F.R. Part 172. Under the new guidelines, untimely petitions will be accepted or considered only if the petitioner is able to demonstrate the existence of "extraordinary circumstances that prevented the petitioner from[...]

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