On September 16, 2020, the Financial Crimes Enforcement Network (“FinCEN”) issued an advanced notice of rulemaking (“ANPRM”) requesting comments on proposed regulatory changes under the Bank Secrecy Act (“BSA”) that aim to enhance the effectiveness of anti-money laundering (“AML”) programs. The proposals reflect the recommendations of a working group within the Bank Secrecy Act Advisory Group (“BSAAG”), whose membership includes representatives from financial institutions, federal and state regulatory and law enforcement agencies, and trade groups…

International Trade Law

HTMX et al. v. United States – An (ongoing?) Opportunity for Importers to Recover Section 301 Tariffs Paid on Section 301 List 3 (and List 4a) Products

By John Brew

September 23, 2020

The Court of International Trade (“CIT”) saw nearly 3,000 complaints filed over a period of four days from Friday, September 18, 2020 to Monday, September 22, 2020 challenging the United States Trade Representative’s (“USTR”) authority to levy Section 301 Tariffs on products found on List 3 (and frequently, also those also found on List 4A) (“List 3 Tariffs”). These complaints dovetail from the lead case which first raised this issue, filed on September 10, 2020,…

International Trade Law

Brexit and its Implications for Global Mobility: Where Are We Now?

By Emmanuel Plasschaert, Nicole Simonian, Stefanie Atchinson, Evelien Jamaels & Jackson Pai

September 8, 2020

Brexit was once the topic of every conversation in the United Kingdom (U.K.), but, overshadowed by the COVID-19 pandemic, it’s not something we hear as much about these days. The U.K. left the European Union (EU) on January 31, 2020 (bringing to an end 47 years of British membership of the EU and the institutions that preceded it) under the terms of the Withdrawal Agreement, an agreement struck by London and Brussels in October 2019.…

International Trade Law

Customs Ruling of the Week – Classification of inShield Wiper®Dusting Pad

By Frances P. Hadfield & Rebecca Toro Condori

September 1, 2020

In ruling NY N313570 (Aug 21, 2020), Customs and Border Protection (CBP) discussed the classification of a cleaning pad from China. It is described as the inShield Wiper®, a dusting pad consisting of a 1.75 centimeter thick sponge covered with an 80% polyester and 20 % polyamide microfiber fabric. It incorporates two woven elastic straps that loop around the assembled duster for the user to place their hand under when in use. A layer of…

International Trade Law

Recent BIS $31 million Civil Penalty against a Singapore Company Reminds Companies about Global Reach of U.S. Export Controls, Including in the Maritime Sector

By Chandler Leonard

September 1, 2020

In a press release issued August 20, 2020, the Bureau of Industry and Security (BIS) announced a final order imposing a fine of over $31 million against Singapore based Nordic Maritime Pte. Ltd. (“Nordic”) and its Chairman, Morten Innhaug (“Innhaug”). Nordic was found to have violated the Export Administration Regulations (EAR) by using U.S. origin subsea survey equipment, installed on a vessel chartered by Nordic, in Iranian territorial waters. A previous vessel operator had installed…

International Trade Law

Customs Ruling of the Week – Classification of Ozone and ultraviolet (UV) sterilizer

By Frances P. Hadfield & Rebecca Toro Condori

August 28, 2020

In ruling NY N313534 (August 18, 2020), Customs and Border Protection (CBP) discussed the classification of the LifeSmart-TrueWash, described as an Ozone and ultraviolet (UV) sterilizer. The device measures approximately 14 inches wide, 14 inches high and 16 inches deep and is meant to be placed on a user’s kitchen counter or table. The device includes a digital control panel, water reservoir, UV light source, and internal basket. The sterilizer is meant to clean and…

International Trade Law

Customs Ruling of the Week – Classification of Drips Bluetooth Speaker

By Frances P. Hadfield & Rebecca Toro Condori

August 19, 2020

In ruling NY N313554 (August 4, 2020), Customs and Border Protection (CBP) discussed the classification of a Bluetooth-enabled speaker. The item is the Drips Wireless Speaker, which incorporates a single 3 watt speaker and microphone. It is compatible with any Bluetooth-enabled device, such as a smartphone. It can answer/reject incoming telephone calls, redial the last number dialed and incorporates a talking caller ID. It also incorporates a 3.5 mm auxiliary input jack used to connect…

International Trade Law

Customs Ruling of the Week – Classification of SNAPXT Thermal Scanner

By Frances P. Hadfield & Rebecca Toro Condori

August 12, 2020

In ruling NY N313219 (July 29, 2020), Customs and Border Protection (CBP) discussed the classification of the SNAPXT Thermal Scanner. It consists of an infrared thermometer connected to a programmable 8-inch touch screen. The device also encompasses a RGB dual-lens color camera and infrared camera for facial recognition, LED lights for increased visibility of the user and capable of reading NFC, RFID, BLE & QR codes for scanning the user’s identification badge. In regards to…

International Trade Law

Canada Proposes Retaliatory Tariff List in Response to Latest U.S. Tariffs on Canadian Aluminum Products: Comments Due September 6, 2020

By John Brew & Walter (Sam) Boone

August 11, 2020

The Government of Canada has announced retaliatory tariffs of 10 percent on certain steel and aluminum imports from the United States, effective September 16, 2020. These countermeasures will only apply to goods originating from the U.S. and will remain in place until the U.S. eliminates its aluminum tariffs. The U.S. had previously announced on August 6, 2020 the imposition of tariffs of 10 percent on all aluminum products from Canada effective August 16, 2020. The…

International Trade Law

USITC Delivers Final MTB Report to Congress

By John Brew & Walter (Sam) Boone

August 11, 2020

On August 10, 2020, the United States International Trade Commission (USITC) delivered its final report on miscellaneous tariff bill (MTB) petitions it received in December 2019 under the 2016 American Manufacturing Competitiveness Act (AMCA). Petitions that have been recommended by the USITC will receive a temporary reduction or suspension on import duties once the President signs the bill. As required by AMCA, the final report was sent to the House Committee on Ways and Means…

International Trade Law

Trade law news insights and commentary

Blog Authors

FinCEN Issues ANPRM Seeking Comment on Requirement for an “Effective and Reasonably Designed” AML Program

HTMX et al. v. United States – An (ongoing?) Opportunity for Importers to Recover Section 301 Tariffs Paid on Section 301 List 3 (and List 4a) Products

Brexit and its Implications for Global Mobility: Where Are We Now?

Customs Ruling of the Week – Classification of inShield Wiper®Dusting Pad

Recent BIS $31 million Civil Penalty against a Singapore Company Reminds Companies about Global Reach of U.S. Export Controls, Including in the Maritime Sector

Customs Ruling of the Week – Classification of Ozone and ultraviolet (UV) sterilizer

Customs Ruling of the Week – Classification of Drips Bluetooth Speaker

Customs Ruling of the Week – Classification of SNAPXT Thermal Scanner

Canada Proposes Retaliatory Tariff List in Response to Latest U.S. Tariffs on Canadian Aluminum Products: Comments Due September 6, 2020

USITC Delivers Final MTB Report to Congress

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