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Mitigating 232 Penalties - I'm Back

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I realize I have been gone for a while. The first Trump Administration generated enough compliance work, litigation, and general chaos to keep me too busy and too stressed to do many things. One such thing was writing this blog. I did it mainly because I enjoy the process, and it forced me to stay on top of cases from the Court of International Trade and Court of Appeals for the Federal Circuit. Explaining those decisions in what I intend to be an approachable style helped me understand them. Over the past year, I have at times considered restarting the blog and never found the time or inspiration. Apparently, that has changed.  You may have noticed that the second Trump administration is off to a fast start in the trade space. We have new 10% tariffs on goods from China and 25% tariffs on an expanded list of steel and aluminum products. The 232 exclusion process has been shuttered. Reciprocal tariffs are being floated, as are potential tariffs on cars, pharmaceuticals, and chips....
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eWriters and Protests

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When I saw that the Court of International Trade decision in Kent Displays  involves the classification of "a battery powered flexible eWriter device containing a pressure sensitive liquid crystal writing film," I had a moment of technology-geek excitement. That feeling stemmed from my personal conversion from yellow legal pads to a reMarkable "paper tablet." Before I wax on in an ode to the reMarkable, let's deal with this case. Kent Displays imported a product called the Dashboard, which it describes as a green replacement for paper. The device is based on a "bistable cholesteric reflective LCD."  This review is of a different product from Kent Displays, but probably gives a good idea of how the Dashboard works. Here is an image from Kent Displays of its Blackboard Smart Pen Reusable Notebook.  Kent had been importing this product under HTSUS item 9013.80.7000, which at the time of entry covered: Liquid crystal devices not constituting articles pro...
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Vance Writing Competition

Andy Vance was a legendary figure in customs law and litigation. After a career at the Justice Department, he joined Barnes, Richardson & Colburn as a partner in the NY office. Sadly, I just missed the opportunity to work with him. The CITBA writing competition named in his honor is a great opportunity for J.D. and LL.M. students to demonstrate their interest in and knowledge of customs and international trade law. Plus, there is a monetary prize. Papers are due in June 2. See the details below. 2024-2025 Andrew P. Vance Memorial Writing Competition Call for Papers Wednesday, January 29, 2025   | Posted by CITBA Staff The Customs and International Trade Bar Association (CITBA) and Georgetown Law School are pleased to announce 2024-2025 Andrew P. Vance Memorial writing Competition. The competition is welcoming papers with an in-depth analysis of a current issue relevant to customs and international trade law. Entrants must be currently enrolled in a J.D. or L.L.M. program at any...
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