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CIT Reiterates in Toth that Government Cannot Bring Penalty Claim that CBP Did Not Allege in Penalty Notice

United States v. Toth, No. 15-00206 (C.I.T. June 20, 2016), involved whether the Government could allege a penalty claim in a complaint that CBP did not allege in the earlier penalty notices. In Toth, the Government alleged that Leslie M. Toth and LBS Marketing, Inc. (Toth) fraudulently entered crawfish meat as langostino. U.S. Customs and Border [...]

2017-01-04T20:54:05+00:00 July 11th, 2016|News & Events|

OtterBox Products Continues to Fight Customs Over the Classification of Phone Cases

Throughout the spring and summer of 2012 OtterBox entered into the commerce of the United States shipments of the Commuter and Defender Series phone cases. Customs classified the cases under subheading 4202.99.9000 HTSUS (covering all manner of containers) which carries a 20% duty rate. OtterBox challenged this classification in the Court of International Trade and argued that [...]

2018-04-23T16:17:50+00:00 July 11th, 2016|News & Events|

Illegal export of controlled Items to China results in $575,000 penalty from BIS

A Michigan company has been ordered by the Bureau of Industry and Security (BIS) to pay $575,000 in penalties for improperly classifying items subject to Export Classification Control Number (ECCN) 9B106.a. The items are allegedly controlled for missile technology (MT) reasons and were exported on 20 occasions over three years to the People’s Republic of [...]

2018-04-23T16:17:50+00:00 July 5th, 2016|News & Events|

Foreign Corrupt Practices Act Update

On June 7, 2016, two non-prosecution agreements were reached in FCPA cases. One agreement was reached between the Securities and Exchange Commission and a Massachusetts-based internet services provider, in the amount of $652,452 plus interest. The SEC’s investigation led them to a foreign subsidiary that used bribes to induce Chinese officials to purchase more services [...]

2017-01-04T20:55:41+00:00 July 5th, 2016|News & Events|

It may not be too late to apply for retroactive GSP!!!

We have recently encountered several cases where, for one reason or another, importers did not apply for retroactive GSP prior to the December 28th deadline.  We have thoroughly researched the issue and we believe that it is possible in many instances to successfully apply for retroactive GSP – even now. If you or any importers have missed [...]

2016-08-16T20:57:54+00:00 June 11th, 2016|Spotlight|

What is a “Part?” Recent Rulings Reiterate.

Classification under the Harmonized Tariff Schedule of the United States (HTSUS) is made in accordance with the General Rules of Interpretation (GRIs), and the Additional U.S. Rules of Interpretation explain that “(c) a provision for parts of an article covers products solely or principally used as a part of such articles but a provision for “parts” or [...]

2016-08-16T20:57:54+00:00 May 11th, 2016|News & Events|

Furniture Importer Agrees to Pay $15 Million for Customs Fraud

On April 27, 2016, the Department of Justice announced that Z Gallerie LLC, an upscale furniture seller, has agreed to pay $15 million to resolve a False Claims Act suit alleging Customs fraud.  The United States alleged that Z Gallerie engaged in a seven-year scheme to evade antidumping duties of imported wooden bedroom furniture from [...]

2016-08-16T20:57:54+00:00 May 11th, 2016|News & Events|

Role of Centers of Excellence and Expertise Expands Further

Customs and Border Protection (CBP) has been in the process of expanding the role that the Centers of Excellence and Expertise (Centers) play in the import process.  The Centers are hubs of knowledge established by CBP that are in place to aid CBP address issues related to ten different industry-specific categories.  For example, the Center [...]

2018-04-23T16:17:50+00:00 May 11th, 2016|News & Events|

Panama Papers and More – Recent FCPA Actions

The release of the so-called Panama Papers and the launch of a pilot self-disclosure program for Foreign Corrupt Practices Act (FCPA) have added to the flurry of activity related to the FCPA. The Panama Papers are voluminous set of leaked documents that detail the existence and contents of private offshore accounts.  The Securities and Exchange Commission [...]

2018-04-23T16:17:50+00:00 May 11th, 2016|News & Events|