|
|
Product Admissibility and Compliance |
|
Imported products are subjected to an array of labeling, content and admissibility requirements which are imposed by various federal agencies. The U.S. Customs Service is primarily responsible for enforcing and administering the regulations of the various federal agencies at the point of entry into the United States. Merchandise that fails to meet admissibility standards can be excluded from entry, seized or even recalled after importation. Non-compliance with the rules of these agencies can also result in substantial monetary penalties. Many potential problems can be anticipated and eliminated by pre-importation counseling. Where penalty claims are issued, we assist clients in resolving those claims and in developing strategies to avoid future instances of noncompliance. In addition to the import requirements imposed by the U.S. Customs Service, the following federal agencies also administer statutory schemes that impact imported merchandise:
The regulations imposed by the Bureau of Alcohol, Tobacco & Firearms (BATF) extend to imported products as well as domestically produced items. Imported alcohol, tobacco and firearms are subject to specific BATF licensing and labeling requirements. The firm assists clients with licensing and product labeling matters. Consumer Product Safety Commission The Consumer Product Safety Commission (CPSC) proscribes standards applicable to over 15,000 types of consumer products, from apparel to electrical articles to toys, imported or sold into the United States. Non compliant merchandise may be seized, destroyed, and/or excluded form the United States. In addition, hazardous products can be subject to mandatory recalls. The firm handles all aspects of CPSC related issues arising in connection with imported merchandise. Federal Trade Commission The Federal Trade Commission enforces a variety of consumer protection laws that impact imported products. The FTC regulations create standards for the labeling and marketing of a wide array of products. Our lawyers have experience in handling matters that impact on compliance with these ever changing and complex requirements. Food and Drug Administration The U.S. Food and Drug Administration imposes labeling, content and registration requirements on a wide array of merchandise. The firm routinely handles FDA matters involving: Fish and Wildlife In addition to the restrictions established under CITES, the Fish & Wildlife Service is charged with enforcing a wide array of federal statutes affecting imported articles ranging from live animals to products incorporating components made from protected species. Whereas products made from certain species may be prohibited from importation into the U.S., the failure to secure proper licenses for permitted merchandise prior to importation can also lead to forfeiture. Our attorneys counsel clients with regard to the requirements of the Fish & Wildlife Service as well as the standards imposed by administrative authorities on the state level. Office of Foreign Assets Control The Office of Foreign Assets Control (OFAC) is responsible for the administration of a variety of programs involving international sanctions (view). Under these programs merchandise may be excluded from the United States depending on its origin or the involvement of what are know as "Specially Designated Nationals" (SDNs). The firm's attorneys provide counseling on compliance with these programs as well as the resolution of detentions, seizures and forfeitures that can result from violations of the OFAC regulations. |
| The material on this site is protected under the copyright laws of the United States of America and international conventions, and is the exclusive property of Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP. All rights reserved. Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP 2000. Site by Webline Designs. Click to view disclaimer. |