GRVR ATTORNEYS, INTERNATIONAL TRADE LAW SPECIALISTS
  • Home
  • Who we are
    • Client Dedication
    • Our Legal Team
    • Join Our Team
  • Our Practice
    • Customs and Import
    • 301refunds
    • Export
    • Litigation
    • Section 232 and 301 Tariffs
    • Outsource Your Classification
    • CBP Audits
    • Fines, Penalties, Forfeitures, and Seizures
    • Customs Brokers
    • C-TPAT >
      • Mexico C-TPAT >
        • C-TPAT In English
        • Quienes Somos/About Us
    • Foreign-Trade Zones
    • Antidumping and Countervailing Duties
    • Intellectual Property RIghts
    • Foreign Corrupt Practices Act
    • Manifest Confidentiality
    • Contracts and Incoterms
    • False Claims Act and Whistleblower
  • Blog
  • Resources
    • Newsletter >
      • brokermondernization
    • posters >
      • Terms and Conditions for Posters
    • free online import mini-audit
    • free online export mini-audit
  • Calendar and Events
  • Best Customs Broker Exam Course
  • Contact

Redux: The Ultimate Bull: Country of Origin Marking

8/24/2010

0 Comments

 
Picture
I received the following responses to my article, The Ultimate Bull:  Country of Origin Marking.  It's amazing how a tiny black stress bull can generate such an outpouring. I thank in particular two authors (who will remain anonymous) for keeping the flame of interest burning and for demonstrating that all of us, including the Government, have a little bull inside of us.  

Here's their comments:

Dear Oscar:

Re: The Ultimate Bull: Country of Origin Marking

At the risk of adding to your stress, may I point out another special marking concern. From the picture, it appears that the bull's back is stamped with the marking: "USDA APHIS PPQ, Dallas, Texas." This might lead one to mistakenly believe that this is just local bull.

Section 134.46 of the Marking Regulations provides that "[i]n any case in which the words 'United States,' or 'American,' the letters 'U.S.A.,' any variation of such words or letters, or the name of any city or location in the United States, or the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced appear on an imported article or its container, and those words, letters or names may mislead or deceive the ultimate purchaser as to the actual country of origin of the article, there shall appear legibly and permanently in close proximity to such words, letters or name, and in at least a comparable size, the name of the country of origin preceded by 'Made in,' 'Product of,' or other words of similar meaning.

CBP would likely have a beef with this imported bull.

-----------------------------------------------------------

Oscar, I enjoyed your article on the PPQ tiny black stress bull, and I’ve been presented with give-aways by CBP itself at the Trade Support Network plenary sessions that were not legally marked, but in this case the transgression is much worse than you indicated.  The goods do not fall into the category of NLM, but rather are deceptively marked.  See 19 CFR 134.46.  You also forgot in your article to indicate in which title your citation applied.

0 Comments



Leave a Reply.

    Oscar Gonzalez

    Principal and a founding member of GRVR Attorneys.

    Archives

    September 2016
    December 2015
    April 2015
    February 2015
    December 2014
    October 2014
    April 2014
    November 2013
    June 2012
    May 2012
    April 2012
    September 2011
    July 2011
    May 2011
    January 2011
    December 2010
    September 2010
    August 2010
    July 2010
    June 2010
    May 2010

    Categories

    All
    And Forfeitures
    Bankruptcy
    Border Searches
    Bureau Of Industry And Security
    Classification
    Commodity Jurisdiction
    Compliance
    Country Of Origin
    Court Of International Trade
    C TPAT
    C-TPAT
    Customs Broker Exam
    Customs Brokers
    Export
    Export License
    Export Penalties
    Foreign Corrupt Practices Act
    HTSUS
    Immigration
    Importer Self-Assessment
    Incoterms
    Intellectual Property Rights
    International Sales Contracts
    ITRAC
    Litigation
    NAFTA
    OFAC
    Penalties
    Post-Entry Amendments
    Prior Disclosure
    Redelivery
    Sanctions
    Torts Claims Act

    RSS Feed

Picture
  • Home
  • Who we are
    • Client Dedication
    • Our Legal Team
    • Join Our Team
  • Our Practice
    • Customs and Import
    • 301refunds
    • Export
    • Litigation
    • Section 232 and 301 Tariffs
    • Outsource Your Classification
    • CBP Audits
    • Fines, Penalties, Forfeitures, and Seizures
    • Customs Brokers
    • C-TPAT >
      • Mexico C-TPAT >
        • C-TPAT In English
        • Quienes Somos/About Us
    • Foreign-Trade Zones
    • Antidumping and Countervailing Duties
    • Intellectual Property RIghts
    • Foreign Corrupt Practices Act
    • Manifest Confidentiality
    • Contracts and Incoterms
    • False Claims Act and Whistleblower
  • Blog
  • Resources
    • Newsletter >
      • brokermondernization
    • posters >
      • Terms and Conditions for Posters
    • free online import mini-audit
    • free online export mini-audit
  • Calendar and Events
  • Best Customs Broker Exam Course
  • Contact