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(JCPOA) Implementation Day: USA Officially Lifts Some Iranian Sanctions
January 16, 2016, marks Implementation Day, as outlined by the JCPOA and agreed upon by Iran and the P5+1 (United States, China, France, Germany, Russia, and the United Kingdom), meaning that the International Atomic Energy Agency has verified that Iran has implemented the nuclear related measures it agreed to this past summer. In recognizing Iran’s compliance, [...]
United States v. Nitek Electronics, Inc. Decision
In United States v. Nitek Electronics, Inc., the Court of Appeals for the Federal Circuit (CAFC) affirmed a decision by the Court of International Trade (CIT) to dismiss a penalty claim against an importer when it sought the penalty claim in court for negligence but asserted gross negligence administratively. In Nitek, CBP issued a pre-penalty notice to [...]
Customs Trademark Seizures: New CBP regulations level the playing field for importers
Effective Oct. 19, 2015, Customs (CBP) will be amending their interim regulations respecting Intellectual Property Rights enforcement. One change of particular significance will allow importers (not just trademark owners) to receive photos or samples of suspected counterfeit merchandise that would otherwise be protected by the Trade Secrets Act. The new regulation will be found at 19 C.F.R. [...]
G&J Welcomes Keith C. Hennessee
Keith C. Hennessee has joined Givens & Johnston after extensive, high level in-house experience serving most recently as Vice President and Chief Compliance Officer for National Oilwell Varco for four years; prior to that as Assistant General Counsel for Halliburton for 12 years; and prior to that as Director of Government Affairs with Dresser Industries, and [...]
CBP Seizes $2.85 Million in Counterfeit Jewelry
CBP recently announced that it seized 1,200 allegedly counterfeit Tiffany bracelets. CBP also estimated that if the bracelets were genuine they would have a total estimated Manufacturer’s Suggested Retail Price (MSRP) of $2.85 million. In Fiscal Year 2014, CBP made more than 23,000 seizures of counterfeit goods with a total MSRP of $1.2 billion, if [...]
USITC Receives New Petitions
The United States International Trade Commission (USITC) received two petitions on October 28, 2015, seeking to impose Antidumping and Countervailing Duties (AD/CVD). One alleges that certain iron mechanical transfer drive components (transfer drive components) from Canada and China are being sold at less-than-fair-value. The investigations for the transfer drive components, 701-TA-550 and 731-TA-1304-1305, allege that [...]
OFAC Sanctions Islamic State Leaders
The Office of Foreign Assets Control (“OFAC”) has added individuals to the Specially Designated Nationals (“SDN”) List for Counter Terrorism reasons. The designation comes pursuant to Executive Order 13224, which was issued by President George W. Bush due to the September 11, 2001 attacks. Designated parties include the Islamic State of Iraq and the Levant [...]
Texas Customs Brokers & Forwarders Association Conference
James Garland Hurst and Scott Johnston recently presented at the Texas Customs Brokers & Forwarders Association Conference. The conference took place between Thursday, August 13, 2015 and Saturday, August 15, 2015, in San Antonio Texas. James Hurst presented on the Broker Known Importer Program (BKIP) and its impact both importers and customs brokers. Scott Johnston [...]
Nuclear Deal to Provide Limited Sanctions Relief to Iran
On July 14, 2015, after twenty months of negotiations, Iran and six world powers (P5+1) have concluded an agreement that will lift sanctions on Iran but impose strict limits on its nuclear program. The Joint Comprehensive Plan of Action (JCPOA), between Iran, US, UK, France, Germany, Russia and China conditions the sanctions relief on Iran’s [...]