Today, the White House published an Executive Order designed to streamline trade by completing the International Trade Data System. This system, when completed, is intended to provide a single electronic window for importers and exporters to provide all the data necessary to process shipments for all the participating agencies. Here is a link to the White House announcement.
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There are many pages of text in Meyer Corporation v. United States , a recent decision of the U.S. Court of International. One hundred twenty, to be exact. I will try to give you the gist here. And, it turns out, the gist might matter. There are two issues in this case. First, whether imported cookware is entitled to duty-free entry under the Generalized System of Preferences. Second whether the importer legally claimed that the sale price from the related vendor to a related reseller represented the transaction value under the "first sale doctrine." The GSP issue is easier to explain, so let's start there. The clad cookware subject to this case was made in Thailand. At the time of entry, the merchandise was classifiable in 7326.93.0045 and qualifies for GSP duty-free entry if it satisfies the rule of origin. Under that rule, 35% of the value of the merchandise must originate in materials from or direct processing in Thailand. In this instance, a major input material was
Yesterday, at a Georgetown CLE event, I participated in a mock oral argument on the classification of Luke Skywalker and Han Solo action figures. You can read my brief here . The issue came down to whether "action figures" are dolls for classification purposes and whether Luke and Han are human beings. Let me know what you think. Below are my notes for the oral argument. I lost. May it please the Court. The parties agree on many key facts in this case. Galaxy recognizes that its Luke Skywalker and Han Solo action figures might, to the lay person, be viewed as dolls in the ordinary course. Galaxy contends, however, that the facts of this case and more important, the facts of life "a long time ago, in a galaxy far away" mean that for purposes of tariff classification neither the Luke Skywalker figure nor the Han Solo figure are dolls. The sole factual reason for this is that, despite appearances to the contrary, neither character is a human being. The La
UPDATED BELOW: Garner's The Elements of Legal Style, Rule 2.6 (Oxford, 1991)(emphasis in original) states the following: 2.6 Form Singular Possessives by Adding 's to the Singular Form of the Noun The rules holds true regardless of how the word ends: thus, witness's, Jones's, Congress's, and testatrix's . There are three exceptions to the rule. First, the word its is possessive, it's being the contraction for it is. Second, your and hers , which are absolute possessives, take no apostrophe. Third, biblical and classical names that end with a -zes , or -eez sound take only the apostrophe. Thus, Jesus' Moses' Aristophanes' Socrates' If the possessive form seems awkward to you, rephrase: the laws of Moses instead of Moses' laws , the action of Congress or the congressional action instead of Congress's action . Given the treatment of Customs as a singular entity, I take it from Garner (my go-to grammar guy) that the CAFC