Tim Warren

CBP is sponsoring a Trade Intelligence forum in Long Beach from 9 a.m. to noon Sept. 18, allowing "importers to assist in CBP’s efforts to stamp out fraudulent competitors," the agency said. Registration is (here).

Sen. Chuck Schumer introduced a bill Sept. 10 (S-3523) that would update Copyright Law in Section 17 of the U.S. Code to protect fashion design and adjust language on importers. The bill would update 17 U.S.C. Section 1309 (b), describing what's considered copyright infringement. The code currently says "A seller or distributor of an infringing article who did not make or import the article shall be deemed to have infringed on a design protected under this chapter only if that person ... induced or acted in collusion with a manufacturer to make, or an importer to import such article, except that merely purchasing or giving an order to purchase such article in the ordinary course of business shall not of itself constitute such inducement or collusion." The bill would remove "or an importer to import." The bill was referred to the Senate Judiciary Committee.

The Food and Drug Administration (FDA) is beginning work to update its border procedures though reviews of its hold statistics and document review abilities, said John Verbeten, director of the operations and policy branch at the FDA. Verbeten spoke Sept. 10 at the National Customs Brokers and Forwarders Association of America (NCBFAA) Government Affairs conference. It remains unclear exactly how much progress has been made on these efforts and the trade community would like to see more interaction with the agency on the issues, said Express Association of America (EAA) Executive Director Mike Mullen, who has been leading an industry charge to improve FDA's role at the border.

Monsanto may substitute one type of chemical for the export of another type, said CBP's Entry Process and Duty Refunds Branch in an Aug. 17 ruling recently added to CBP's CROSS database. CBP said it considered the two products commercially interchangeable and eligible for unused merchandise drawback despite different levels of the active ingredient and different tariff classifications. Specifically, CBP found the chemicals met the criteria for being interchangeable under the drawback statute, 19 U.S.C. Section 1313(j)(2).

The House Homeland Security Committee scheduled a hearing titled "The Department of Homeland Security: An Assessment of the Department and a Roadmap for its Future," for Sept. 20 at 10 a.m.

CBP released its Sept. 12 Customs Bulletin (Vol. 46, No. 38). While the Bulletin does not contain any ruling articles, it does list recent notices and Court of International Trade decisions.

CBP issued the following releases on commercial trade and related issues:

Customs Rulings Online Search System (CROSS) was updated Sept. 11 with 171 rulings, bringing the total number of searchable rulings to 173,982. The most recent ruling is dated 9/10/2012.

The House of Representatives passed the American Manufacturing Competitiveness Act of 2012 (HR-5865) Sept. 11. The bill, which still needs Senate approval, would require the president to establish a American Manufacturing Competitiveness Board, which would conduct a review of manufacturing policies, including "customs enforcement and counterfeiting" and "trade policy and balance." The board must then develop a "competitiveness strategy" and provide information on how to implement the strategy.

CBP New York scheduled a trade seminar Sept. 20 on Consumer Product Safety Commission (CPSC) procedures, said CBP New York in an informational pipeline. The overview will include input from CBP's Office of International Trade on regulations and policies and CPSC investigators will discuss the examination process and demonstrate lead paint and parts testing, the notice said. Representatives from Underwriters Laboratories and CBP's New York/Newark Laboratory will also provide a presentation on their involvement in product safety as a Priority Trade Issue.