Archive for the Blog Category 1 Category

Guilty Until Proven Innocent 

by Janet Labuda May 15, 2018 The legal premise of innocent until proven guilty gets turned on its head with the passage of the “Countering America’s Adversaries Through Sanctions Act” known as CAATSA. At a government meeting last week representatives from the Departments of Homeland Security, State,

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Company Barred from Importing Food for Using False Manifest to Cover Up Adulteration

By Janet.Labuda@FormerFedsGroup.Com   The Food and Drug Administration has issued an order debarring a company from importing or offering for import articles of food for five years, effective March 1, 2018. This order follows the company’s conviction for (a) submitting a false Automated Commercial Environment manifest listing

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Spring cleaning

by Janet.Labuda@FormerFedsGroup.Com Over the last few weeks the rhetoric regarding the global trade environment has increased dramatically. Less than a month after he declared to the World Economic Forum that India was open for business, Prime Minister Narendra Modi has raised import duties to their highest in

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Trade Symposium: Intelligent Enforcement

by Janet.Labuda@FormerFedsGroup.Com U.S. Customs and Border Protection (CBP) hosted the 2017 East Coast Trade Symposium in Atlanta on December 5 and 6. Key CBP officials addressed the 700 attendees focusing on collaboration and how the agency will move forward with trade issues. Executive Assistant Commissioner, Office of

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Buyer Beware

By Janet.Labuda@FormerFedsGroup.Com After the 2009 special enforcement initiative, called Operation Mirage, CBP compiled statistical data proved that the undervaluation of imported goods from China had risen to the level of significant risk in some product categories. Supported by the Administration’s direction to level the trade playing field,

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Reasonable care: What the Heck Is It? (Part 2)

Janet.Labuda@FormerFedsGroup.Com A few weeks ago, I wrote about a case decided in the Court of International Trade, which determined that a U.S. Importer failed to exercise reasonable care when classifying a product. The Court found that merely consulting a customs broker did not constitute reasonable care. The

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Labuda on Trade: Reasonable Care: What the Heck Is It? (Part 1)

In a case decided July 17, 2017 (Slip op 17-85), the Court of International Trade (CIT) ordered the importer to pay $8,228.20 in unpaid duties plus prejudgment interest but said more information was needed before a penalty could be assessed.

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The Sherman Act is An Unconstitutional Criminal Statute (Part II)

The Sherman Act is An Unconstitutional Criminal Statute (Part II)Posted by Robert Connolly In Part 1 of this article (here), I argued that the Sherman Act was unconstitutional as a criminal statute because it is void for vagueness. A statute that criminalizes all restraints of trade cannot

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The Company You Keep

by Janet.Labuda@FormerFedsGroup.Com Once when visiting a foreign factory, I stepped into the building in the midst of a major confrontation between a young sewing machine operator and a mid-level manager. The employee wanted her passport and the manager refused.  The confrontation escalated to the point that the manager

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Bowling for Compliance

by Janet.Labuda@FormerFedsGroup.Com I recently attended a conference where “leaders” in companies providing trade compliance services were discussing trusted trader program procedures. As always, there was a focus on the downstream benefits which would accrue across all regulatory agencies for those companies who excel in getting it right.

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