Lobster Smuggling

I grew up in New England and spent many summers on the beaches of New Hampshire and Maine. I remember my parents or grandparents often sending a dazed and blueish lobster to an untimely and most likely very painful death in a large pot of boiling water. I feel guilty about that now. While some may argue that the tail produces the best meat and others may wax on about the delicate joys of the lobster's tomalley, every kid knows that nothing beats the claws; big claws, full of juicy meaty that is easy to get at.

Which brings me to this story in which Customs & Border Protection participated in the interception of illegal lobster smuggling in Miami. It is not entirely clear where the lobsters originated, but it would appear that they are from the Bahamas or the surrounding waters. CBP seized 37 tails and zero claws. Why no claws? Because only true lobsters (what we like to call "Maine lobsters") have the really yummy claws. Most likely, these creatures were not even what a New Englander would call a lobster. They were probably spiny lobsters (also known as "rock lobsters," cue The B-52's). According to Wikipedia:

Although they superficially resemble true lobsters in terms of overall shape and having a hard carapace and exoskeleton, the two groups are not closely related. Spiny lobsters can be easily distinguished from true lobsters by their very long, thick, spiny antennae, and by their complete lack of claws (chelae); true lobsters have much smaller antennae and claws on the first three pairs of legs, with the first being particularly enlarged.

And nothing beats a particularly enlarged lobster claw with a bit of melted butter, corn on the cob, a few recently deceased steamed clams, and a cold Bar Harbor Real Ale.

Comments

Post a Comment

Popular posts from this blog

CAFC Decision in Double Invoicing Case

The Federal Circuit has issued a decision on the merits in United States v. Inn Foods, Inc.  There had been a previous decision on jurisdiction, which was followed by a trial at the Court of International Trade and then this appeal on the substance. The initial issue is whether Inn Foods' invoicing practice amounts to fraud.  Inn Foods had been receiving an invoice from growers in Mexico that had a relatively low sales prices on it.  Subsequent to entry, Inn Foods created a second invoice at something more similar to market value, retaining the original invoice number, and paid at that higher amount.   Superficially, this looks like a standard-issue double-invoicing scheme.  But, in the age of reconciliation, is it really more like a provisional pricing mechanism?  It might have been possible to make that argument had Inn Foods adjusted its entries accordingly.  It didn't and the loss of revenue was approximately $624,000.  Based on testimony and evidence indicating both knowl
Read more

Ninestar and UFLPA Exhaustion

Image
Exhaustion is a key doctrine in administrative law. When applicable, it requires that a party unhappy with an agency’s determination complete the administrative appeal process before turning to the courts for judicial review. Requiring exhaustion typically promotes judicial efficiency by ensuring that disputes are resolved at the agency and, if they are not, that there is a complete record of the agency process. Exhaustion also ensures that the judiciary respects the executive agencies and their expertise.  There are, on the other hand, times when the courts will find that exhaustion is not necessary or appropriate. Such is the case in  Ninestar Corporation et al. v. United States  et al., a decision of the U.S. Court of International Trade.  Ninestar is also interesting because it is one of the first cases in the CIT involving the Uyghur Forced Labor Prevention Act, known as UFLPA. In my hiatus from active blogging, I missed the rise of UFLPA as a major compliance topic. So, let's
Read more

Precious Tritium

Image
One thing I have learned as a customs lawyer who does a lot of classification work is that there are millions of odd items moving in international trade the existence of which I am completely ignorant. Such is the case of the gaseous tritium light sources used in, among other things, firearm sights. These things use tritium sealed in a glass that has been coated in phosphor. The radioactive tritium decays, releasing beta particles, which interact with the phosphor causing it to emit light. In other words, it creates light with no external power source. Pretty cool.  Tritium is, of course, a real thing. It is an isotope of hydrogen. We know this from the excellent documentary "Spider-Man." This comes up in relation to the Court of International Trade decision in Trijicon, Inc. v. United States  in which the importer challenged the tariff classification of several versions of the gaseous tritium light sources ("GTLS"). The plaintiff uses them to make gun sights. The
Read more