Archive for the Blog Category 1 Category

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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The CBP Officer of the Future

By Janet.Labuda@FormerFedsGroup.Com At the recent U.S Customs and Border Protection (CBP) west coast trade symposium, a panel titled “Global Innovation,” which included representatives from the Department of Homeland Security’s Office of Science and Technology, CBP’s National Targeting Center discussed innovations in software applications and data usage that

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Trade remedies by the numbers

By Janet.Labuda@FormerFedsGroup.Com Recently, President Trump sent a memo directing Secretary of Commerce, Wilber Ross, to initiate an investigation of steel and aluminum products. The rarely used investigative authority found under section 232(b)(1)(A) of the Trade Expansion Act of 1962 (19 U.S.C. 1862(b)(1) determines any detrimental trade activity

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Chinese National Pleads Guilty To Economic Espionage And Theft Of A Trade Secret From U.S. Company

Department of Justice U.S. Attorney’s Office Southern District of New York FOR IMMEDIATE RELEASE Friday, May 19, 2017 Xu Jiaqiang Stole Valuable Source Code from Former Employer with Intent To Benefit the Chinese Government Joon H. Kim, the Acting United States Attorney for the Southern District of

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Czech Republic and Slovak Republic Nationals Charged with Violating U.S. Export Laws

Department of JusticeU.S. Attorney’s Office District of Connecticut FOR IMMEDIATE RELEASE Tuesday, May 16, 2017 Deirdre M. Daly, United States Attorney for the District of Connecticut, Leigh-Alistair Barzey, Special Agent in Charge of the DCIS Northeast Field Office, and Matthew Etre, Special Agent of HSI Boston, today

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