News & Events
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FCPA Update on Recent Actions
The Foreign Corrupt Practices Act (FCPA) aims to stop corruption and bribery by making it illegal for individuals and organizations to make payments or provide anything of value to influence foreign government officials for the purpose of obtaining or retaining business. Violations of this act can involve very complex schemes and involve very large sums […]
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Hoverboards in CBP’s Crosshairs
On February 24, 2016 Customs and Border Protection (CBP) seized 41 hoverboards with counterfeit batteries (click here for the press release). The batteries in the recent seizure are alleged to have a counterfeit “Samsung” trademark. The allegedly counterfeit Samsung batteries and others like them have been the objects of ongoing seizure activities by CBP. According […]
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Importer of Screws Prepares Second Challenge to United States in CIT
The third iteration of the dispute between an Importer (GRK Canada, Ltd.) and the United States regarding imported screws will soon be heard by the Court of International Trade (CIT). In early 2013, the CIT considered arguments concerning two varieties of screws. The parties agreed that both varieties would fall under the same subheading, but […]
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Pennsylvania Company Pays $3 Million in FCA Suit
On February 22, 2016, the Department of Justice announced that a group of importers agreed to pay $3 million to resolve a False Claims Act suit against them. The United States alleged a conspiracy to circumvent an anti-dumping order on small-diameter graphite electrodes from China. They allegedly lied about the size of the electrodes they […]
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U.S. Company Agrees to Pay OFAC Penalty for Violating Cuban Sanctions
In order to settle potential liability for violating US sanctions, a US company has agreed to pay a penalty of $304,706 for dealing in property in which Cuba or a Cuban national had an interest. In 2011, subsidiaries of the U.S. company exported goods and services to support oil and gas prospecting and drilling within […]
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Importers of Canadian and Mexican Prepared Foods Will Be Driven “Nuts” by Recent Ruling Letter Modifications
For over a decade, CBP has ruled that raw nuts imported into Mexico or Canada, that were then roasted and blanched or salted, qualified for preferential tariff treatment under the NAFTA upon importation into the United States and permitted to be marked accordingly. But, pursuant to CBP’s recent decision, which takes effect May 9, 2016, […]
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Congratulations to our Prize Winner!
Congratulations to Kim Skaggs on winning! Please call our email us to claim your gift card.
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(JCPOA) Implementation Day: USA Officially Lifts Some Iranian Sanctions
January 16, 2016, marks Implementation Day, as outlined by the JCPOA and agreed upon by Iran and the P5+1 (United States, China, France, Germany, Russia, and the United Kingdom), meaning that the International Atomic Energy Agency has verified that Iran has implemented the nuclear related measures it agreed to this past summer. In recognizing Iran’s compliance, […]
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United States v. Nitek Electronics, Inc. Decision
In United States v. Nitek Electronics, Inc., the Court of Appeals for the Federal Circuit (CAFC) affirmed a decision by the Court of International Trade (CIT) to dismiss a penalty claim against an importer when it sought the penalty claim in court for negligence but asserted gross negligence administratively. In Nitek, CBP issued a pre-penalty […]
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USITC Receives New Petitions
The United States International Trade Commission (USITC) received two petitions on October 28, 2015, seeking to impose Antidumping and Countervailing Duties (AD/CVD). One alleges that certain iron mechanical transfer drive components (transfer drive components) from Canada and China are being sold at less-than-fair-value. The investigations for the transfer drive components, 701-TA-550 and 731-TA-1304-1305, allege that […]
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CBP Seizes $2.85 Million in Counterfeit Jewelry
CBP recently announced that it seized 1,200 allegedly counterfeit Tiffany bracelets. CBP also estimated that if the bracelets were genuine they would have a total estimated Manufacturer’s Suggested Retail Price (MSRP) of $2.85 million. In Fiscal Year 2014, CBP made more than 23,000 seizures of counterfeit goods with a total MSRP of $1.2 billion, if […]
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G&J Welcomes Keith C. Hennessee
Keith C. Hennessee has joined Givens & Johnston after extensive, high level in-house experience serving most recently as Vice President and Chief Compliance Officer for National Oilwell Varco for four years; prior to that as Assistant General Counsel for Halliburton for 12 years; and prior to that as Director of Government Affairs with Dresser Industries, […]
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OFAC Sanctions Islamic State Leaders
The Office of Foreign Assets Control (“OFAC”) has added individuals to the Specially Designated Nationals (“SDN”) List for Counter Terrorism reasons. The designation comes pursuant to Executive Order 13224, which was issued by President George W. Bush due to the September 11, 2001 attacks. Designated parties include the Islamic State of Iraq and the Levant […]
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Texas Customs Brokers & Forwarders Association Conference
James Garland Hurst and Scott Johnston recently presented at the Texas Customs Brokers & Forwarders Association Conference. The conference took place between Thursday, August 13, 2015 and Saturday, August 15, 2015, in San Antonio Texas. James Hurst presented on the Broker Known Importer Program (BKIP) and its impact both importers and customs brokers. Scott Johnston […]
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Nuclear Deal to Provide Limited Sanctions Relief to Iran
On July 14, 2015, after twenty months of negotiations, Iran and six world powers (P5+1) have concluded an agreement that will lift sanctions on Iran but impose strict limits on its nuclear program. The Joint Comprehensive Plan of Action (JCPOA), between Iran, US, UK, France, Germany, Russia and China conditions the sanctions relief on Iran’s […]
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Generalized System of Preferences Renewed
On June 29, 2015, President Obama signed into law the Trade Preferences Extension Act (H.R. 1295), which renews the Generalized System of Preferences (GSP) program. The GSP program provides non-reciprocal, duty-free treatment to certain products imported from developing countries for the use by U.S. companies in manufacturing goods for domestic consumption. The GSP has been […]
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SCOTUS Denies Cert. in Trek Leather
The Supreme Court of United States denied certiorari in the Trek Leather case, stylized as Shadadpuri v. United States in its petition. This denial places the final holding of Trek Leather with the most recent decision by the Court of Appeals for the Federal Circuit (“CAFC”). Previously, in September 2014, the CAFC held that a […]
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DDTC and BIS Propose changes to the USML and the CCL
The Directorate of Defense Trade Controls (“DDTC”) and the Bureau of Industry and Security (“BIS”) have proposed changes to U.S. Munitions List (“USML”) Category XII and the Commerce Control List (“CCL”). In sum, the proposed rule seeks to create a “bright line” between the USML and the CCL for the control of the articles found […]
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Currency Seizures: Dealing with Customs Post-Seizure
U.S. Customs seizes money (currency, cash, checks, etc.) every day from unsuspecting international travelers who fail to declare carried money over $10,000 or who fail to declare the correct amount. If your money has been seized (i.e., you are now a currency seizure “claimant”), and you obtained your money from legitimate sources and intended to […]
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Schlumberger Agrees to Plead Guilty to Violating Sanctions
The Department of Justice (“DOJ”) has announced that Schlumberger Oilfield Holdings (“SOHL”), a wholly-owned subsidiary of Schlumberger Ltd., agreed to enter a guilty plea and pay a $232,708,356 penalty for willfully facilitating illegal transactions and engaging in trade with Iran and Sudan. The total penalty includes a $77,569,452 criminal forfeiture and an additional $155,138,904 criminal […]