News

Government abandons $42 million recordkeeping penalty case

On December 17, 2007, the United States voluntarily dismissed its claims against Ford Motor Company for alleged violations of Customs & Border Protection (CBP’s) recordkeeping requirements. United States v. Ford Motor Company, Case No. 06-cv-00013-DB (WDTX). The Government had alleged that Ford negligently violated 19 U.S.C. § 1509 in failing to produce records to support the NAFTA Certificates of Origin that had been issued for 1996 importations of automotive parts from Mexico.

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Toxics in Packaging

Recently, major retailers have begun requesting certifications from vendors confirming that their products comply with the “Toxics in Packaging Laws.” These laws, enacted in nineteen states,[1] prohibit the intentional use of any amount of lead, cadmium, mercury, or hexavalent chromium in packaging or individual packaging components, such as inks and labels. In addition, total concentration levels of unintended or incidental regulated metals in a package or packaging component are limited to less than 100 parts per million (0.01%) by weight. Generally, these materials appear in plastic packaging but may appear in other materials particularly through coatings and pigments. The restrictions imposed by these state laws are distinct from other federal lead limits such as those established by the Consumer Product Safety Improvement Act of 2008.

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New Mandatory Data Security Filing Requirements to be Implemented Soon "The 10+2 Rule"

Background

The SAFE Ports Act of 2006 directed U.S. Customs and Border Protection ("CBP") to gather additional data elements before goods are shipped to the U.S. to enable CBP to better evaluate the security risk of incoming shipments. After consulting with the trade, CBP issued proposed regulations entitled "Importer Security Filing and Additional Carrier Requirements" in which they outlined a program which requires the submission of additional data elements at least 24 hours before the goods are laden on board an ocean vessel.

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Customs Proposal to Eliminate “First Sale” Method of Appraisement

On January 24, 2008, U.S. Customs and Border Protection (CBP) published a proposed interpretation of the customs valuation laws that would result in the elimination of the so-called first sale rule of appraisement. This memorandum provides additional information concerning CBP’s proposal.

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