Customs Law

Note from Larry: I edited the post below to add some links. I originally wrote it on the fly but now feel like it is not very informative without references to the source material . There is not a lot of caselaw on NAFTA. There are a few cases on whether something does or does not qualify. I have been involved in a couple of those. There was also some litigation over whether the NAFTA was properly passed and whether it is constitutional. Those cases tend to be more interesting in an academic sense than for any practical impact. In that vein, I feel a little bad for Judge Pogue who issued a very thorough opinion over a very technical aspect of NAFTA and trade law. The case is Canadian Lumber Trade Alliance v. United States, Slip Op. 06-48 (Apr. 7, 2006 ). The reason I feel bad is that he obviously put a lot of effort into the opinion, but it really has limited impact. In a nutshell (Note to West , I am using that in the generic sense), the case involves a provision of the NAFTA ( Ar...

I have had complaints that my postings are too dull; I need to spice this space up a bit. Generally, I am the source of those complaints. So, I don't listen to myself. But, here is a customs-related tid bit of minor prurient interest. A super model has been denied entry to the U.S. This is really an immigration issue and I don't know much about immigration. But, CBP now has jurisdiction, so I'll toss you super model stalkers and immigration lawyers a bone. For what it is worth, I have never heard of this woman. I previously covered the Kate Moss immigration issue . Maybe I am developing a side practice representing super models who can't get into the country.

I am in Toronto today. I always like visiting here. It is a very cosmopolitan city with great restaurants and terrific cultural venues. Of course, I am here on business so I won't see much of that. What I did see was a major addition going on at the Royal Ontario Museum. I swear when I first saw it, I though the building was in the middle of demolition. It looks for all the world like rubble from a tornado. I actually approached it the same way I approached Ground Zero in November of 2001. When done, it will look like this and this . While right now it just looks scary. I have faith that, in the end, it will be stunning and will be adopted by the city as a symbol of Toronto. How do I know that? Because I live in Chicago (well, close to Chicago) and work in close proximity to the new Frank Gehry Millennium Park pavilion. While it was going up, I grumbled about it; declaring it "gimmicky" and saying that it would never look finished. I was wrong. See for yourself here . A...

It often surprises my colleagues when I say that I find classification to be one of the most interesting areas of customs law. The way I look at it, complex classification is a puzzle. There are very specific rules set out in the General Rules of Interpretation and the Section and Chapter Notes. In my opinion, the Explanatory Notes tend to muck things up, but that is a different story. The thing about classification is that there can only be one right answer. Even if you get to the point where you are opting for the last classification in numerical order, you are still following the rules. So getting to the right answer is like doing a sudoku puzzle. You need to figure out the possible answers and test them out against the rules. If a Note pops up that conflicts, you have it wrong. I'm thinking about this because I read in the latest Customs Bulletin (look at page 24), that CBP is modifying some rulings on the classification of steel measuring spoons . It strikes me th...

This blog has occupied its quiet corner of cyberspace for a year. It started as research for my column in the CBA Record and took on a life of its own. Let's see where we end up. I'll try and post regularly. I'll try and post about customs law more often than not. From you, I'd appreciate a bit of help. Drop me a comment or an e-mail when I touch on something of interest to you. Let me know when I completely whiff on some news you want to know about. I'll do my best to be interesting, helpful, and occasionally entertaining.

Edited for typos . . . Customs has recovered a motorcycle stolen in 1971 and is returning it to its owner. It also recently recovered a Corvette stolen in 1969. By themselves, these stories are amusing and heart warming. Sort of like reuniting a geek with his 1977 Ohio Scientific Challenger C-1P computer . Ahh, the memories! Four K of memory, a Radio Shack cassette tape for storage, and a Sears black & white TV for a monitor. But, Customs' good deeds reminded me of something I planned to blog months ago. I was driving in the south, scanning the radio hoping to hear the soothing voice of Terry Gross or the far less soothing Nina Totenberg. Apparently, NPR had not penetrated into this market. Eventually, I gave up and just listened to whatever was on. What I heard was a piece of C&W drivel called Riding with Private Malone by David Ball. I have no interest in country music. This is not an urban elitist prejudice. I also have no interest in hip hop (apologies to Wa...

Sometimes, people do crazy, stupid things. Often, there is a plausible excuse for acting poorly. Sometimes not. But, if you are going to act out, it seems like there should be a really good reason. Maybe you need cash to feed your hungry kids or your crime is a political protest. Maybe you are just addle-brained by some psychoactive force like testosterone or alcohol. Whatever, just have something to say at the sentencing. Otherwise, you will look foolish. Now, explain this crime to me. Some guy in a Chevy pickup truck tried to smuggle two wallabies out of Texas into Mexico. This is a crime under the Convention on the International Trade in Endangered Species . But, so what? I want to know who ordered up the wallabies. Were they going to be dinner for some eccentric Mexican? Perhaps wallaby mole with ancho peppers and pomegranate seeds. Were they going to become pets for the Mexican equivalent of the King of Pop? Are wallaby fights eclipsing cock fights as back-alley entertainment in ...

See what happens when I get busy? I get behind on interesting things. Here are three: U.S. Moves to Protect Colombian Cultural Property Museum lawyers, take note: Customs issued a Federal Register notice adding certain Colombian pre-colombian and ecclesiastical period (1530-1830) artifacts to the list of property protected under the UNESCO Convension on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property . Under the convention, Colombia claims "patrimony" of these artifacts as part of its cultural heritage and unauthorized traffic in these products will be prohibited. Retroactive CAFTA-DR Textiles Claims Under the CAFTA-DR, duty preferences are retroactively applicable for certain textile products entered on or after January 1, 2004 when the Office of the USTR makes a determination that the goods are eligible. USTR has done that for El Salvador and Customs published a Federal Register notice saying that claims ne...

The President has signed the Stop Counterfeiting in Manufactured Goods Act . The law is based on the findings of Congress that counterfeit merchandise is a growing concern for the U.S. economy. The act specifically mentions automotive parts, electrical appliances, toys, and office equipment. The act also mentions a link between product counterfeiting and terrorist organizations. The law adds language to the existing law to prohibit trafficking in tags, labels, containers, badges, wrappers, and similar products knowing that they contain a counterfeit mark. Products found to contain such marks are to be forfeited to the United States. While they're at it, the U.S. will also get the proceeds from the use of the marks and any property used to facilitate the commission of the offense. Look for that cool stuff at an auction near you. Lastly, the act forces the Sentencing Commission to review the relevant guidelines for criminal sentencing and, if appropriate, amend them.

The U.S. and Peru have signed a mutual cooperation agreement for customs matters. According to this fancy video , the agreement will permit the sharing of intelligence, documents, and dog training expertise.

Click here. 'Nuff said.

Uh oh. Is immigration coming to the Court of Appeals for the Federal Circuit? According to this article in the New York Times , it might be. Or maybe not. People seems upset about the idea. Except for those that proposed it. Here's the thing, the U.S. Court of Appeals for the Federal Circuit spends most of its time on patent cases. The rest is a mix of customs and trade, trademark, claims against the U.S., and certain federal employee complaints. The Senate is contemplating dropping about 12,000 immigration appeals on the Court and expanding it by three judges. The case load for individual judges would jump from 125 to 900. I don't have much of an opinion on this is, but I think it is interesting. The idea seems to be that these cases are burdening the overloaded regional circuit courts and the Federal Circuit has the capacity to handle additional cases. Another point is that as a single forum, the Federal Circuit would provide a more uniform interpretation of the immigration l...

I'm not a science guy in any technical sense of the word. But, in the big picture, I am interested in science and I trust that it works. In the same way, I am dubious of any alleged phenomena that appear to violate a law of physics that I learned in highschool. So, I am willing to entertain the notion that there might be a big green monster in Loch Ness. I doubt that there is, but it does not violate any fundamental laws of physics, so what the heck. I am, however, not willing to accept reports of psychic healing, spoon bending, haunted rocking chairs, past life regressions, astrology, or a dozen other crackpot theories. Today, while driving to work, a report came on the radio saying that Wisconsin is close to breaking a record for the number of deaths by snowmobile in a single year. The reporter from a Wisconsin radio station said, at least three times, that a problem with snowmobiles is that at night they "get out ahead of their lights." This strikes me as a problem of ...

A big thanks to the stranger who helped me out this morning. The parking lot at my train station uses smart cards to pay the $1.75 meter. This morning, my card had only $1.50 on it. I figured I could deplete the card and put a quarter in the meter. No such luck. It would not split the payment method. I did not have enough in change to pay the full amount. The guy parking next to me saw me walk away unpaid. I was going to the station to re-load the card. I would, however, have missed the approaching train. Without hesitating, the guy stuck his card in my meter. I offered to pay him in cash. His response was, "take care of someone else later." Nice guy. Thanks.

I think it is great when marketing and science collide. Marketing too often wins that fight. But, in the battle between Gatorade and Powerade, the science fight is going to court. Pepsi Sues Coke Over Powerade Ad - Forbes.com The question seems to boil down to whether fewer calories in a sports drink actually improves performance. Coke seems to say it does. Of course, my highschool physics teacher would have us believe that a calorie is a measure of energy available in food. For performance and endurance sports, energy tends to be a good thing, not a detriment. Seems like Coke's ads might be sending exactly the wrong message to anyone who understands what sports drinks are intended to do. I don't care, I'm a Powerbar drink guy anyway.

Wayla-guy tells me that my blog volume is slipping. It's true. The risk of a substantive blog, rather than a completely anonymous personal blog, is that there may not be much going on. It's not that there have not been developments in customs law, its just that none have been all that interesting. If this were an entirely personal blog, I'd tell the world that I got my bike back from the shop and I'm ready for another season of commuting as soon as the weather cooperates. I'd also mention that I am in deep lust over a Felt F3c . It seems the folks at Felt can cram more carbon and better components into a bike at a lower price point than just about anyone. I'd also mention that I pulled the cover off my boat. A sure sign of spring. But, that's not why we're here, is it? How about this: Has anyone noticed that the WTO is starting to look a lot like that awkward kid with bad skin who no one wants on their kickball team? This is the same kid who...

CBP on ICE It seems some people in authority are taking seriously the notion that ICE and CBP should never have been separated. According to this article , Representatve Kendrick Meek (D-Fla) proposed an amendment to a DHS management organization bill to merge the two agencies. The amendment was ultimately pulled after there was an agreement to have hearings on the topic. Stay tuned. Is That A Human Head in Your Luggage? The woman caught smuggling a human head in from Haiti will have to wait a bit longer before getting into court. Apparently, her counsel is working on a plea deal to keep her out of jail. It seems if the voodoo really worked, she would not be too worried about jail time.

Today's Chicago Tribune had a short piece about Secretary of State Condoleeza Rice's recent meeting with Bolivia's President Evo Morales while in Chile for the inauguration of the new president there. During the meeting, Mr. Morales gave Secretary Rice a traditional Bolivian charango , which is a small stringed instrument. This particular instrument includes a back lacquered with coca leaves. The gesture is full of political overtomes because Mr. Morales was once the president of the coca growers union. The Trib describes Morales as having led a "sometimes violent" fight against U.S. efforts to eradicate his crops. But, more relevant to me, the article quotes a State Department person as saying they need to check with Customs as to whether the thing is admissible (given that it is made of coca and all). I don't know the answer. But, I am pretty certain I know where to look and would charge a very reasonable fee for the advice.

As I have recently said, I have a very clear idea of how many people read this blog and some sense of who they are. This is not a big-time operation. It is something I do primarily for my own amusement. So, why do I feel guilty? Why do I feel pressure to post? Who knows, but I do. The reason I have not posted in a while is two fold. First, I was on vacation. That was good. I came home from vacation sick. That was bad. Pretty much all week, I have been down with fever. I feel like a lizard--I seem incapable of controlling my body temperature. At least I did. Today I am feeling much better, thank you. What I have been doing with my time is watching my new favorite show: History Detectives . This is a very cool show in which a team of professionals investigate the interesting little stories and artifacts people submit. For example, a woman from Greenwich Village asked whether John Wilkes Booth may have plotted to kill Lincoln in her living room. They hunt down real estate records, theater...

I have a limited ability to see who is visiting this site thanks to the good people at www.sitemeter.com . So, I know a couple things in addition to the overall number of visitors. For example, I know that mentioning Saab cars generated far more traffic than mentioning Angelina Jolie . I also know that certain of my professional colleagues--a euphemism for competitors--visit regularly. I am gratified by the number of visitors I get from the U.S. government and in particular Customs, the DOJ and the courts. This site has been visited by folks on every continent but Antarctica. Thanks for all of that. Another thing I can see is the search used to bring visitors here. Often these are general searches such as "customs laws." Other times, the searches are very specific such as " festive articles customs," or, as was recently the case, " Kris Kristoferson Salvador ." But, without a doubt, the best search ever recently brought a visitor from South Africa. Clear...