Tuesday, June 28, 2011

Things that are on my Mind

Did you know that Customs had previously ruled that imported business cards required country of origin marking on every card, not just the box? If not, scroll down to page 16 in this Bulletin. Happily, the notice is a revocation of the rulings. In the revocation, Customs agrees that marking on the box in which the cards reach the purchaser is enough.

Customs has reminded (?) the trade that if you are making a post-entry NAFTA claim that includes a change in tariff classification, the HTSUS change needs to be handled via either a protest or a PEA. The NAFTA change is to be handled via a 520(d) claim. So says CBP here.

I have three decisions on my desk to review and possibly blog. At least two are interesting to me. One involves a jurisdictional dispute over an intellectual property seizure. Another involved a denied drawback claim. The third is a penalty case. You tell me which you want first.

Lastly, and very important, is a note that the Border Patrol (a unit of Customs and Border Protection) has tracked, located, and photographed a bigfoot. I know this because I read Cryptomundo. Apparently, Border Patrol officers doing helicopter patrols spotted tracks, which were subsequently followed to a cave in which a bigfoot was found and photographed. There are a bunch of things wrong with this story (beyond the obvious one). The one about which I am curious is that if the Border Patrol took the pictures, how come they are in the hands of Native American tribal authorities who refuse to part with them? Relevant to this blog, I want to know whether the Border Patrol has jurisdiction inside a reservation. Does anyone know? If the reservation includes the U.S.-Canada border, one would think the Border Patrol and Customs and Border Protection would have some authority. On the other hand, reservations are, as I understand it, sovereign and at least marginally autonomous. I once saw a movie that implied that the Border Patrol had to stay outside the reservation and work with tribal police inside. Seeing that movie is as close as I plan on getting to doing actual legal research on this topic. So, if anyone knows the status of CBP and BP officers in Native American reservations, please drop a comment.

1 comment:

Linda said...


I got a laugh out of your post about Bigfoot (I'm not a believer) but checked the Crypto site you linked to. It implies the original article was edited to remove the name of one gentleman. It seems that gentleman has pulled some shenanigans before. Now I'm kinda disappointed.