SharePrinter-friendly versionSend by emailA TitleA TitleA Title A A A Customs & Import Disputes TabsetOverviewAs the gatekeeper for US imports and exports, and enforcer of the laws that control their movement across the border, CBP makes decisions and applies rules and standards that control whether critical shipments arrive on schedule, are interrupted, or, in extreme cases, are denied transit, with the possibility of penalties, up to and including criminal sanctions. With a broad mix of experience and depth of talent in all critical areas, Arent Fox is uniquely well qualified to help companies manage the compliance and enforcement risks to their supply chain at the border. Detentions & Seizures of Imported Goods Arent Fox, with our team of experienced private practitioners and former government officials, has a long history of helping clients manage and improve their import and export processes, and understand and comply with the laws and regulations administered by CBP. CBP will deny the release of imported goods if the agency believes or receives information — whether proven correct or not at the time the goods are denied release — that such goods are not in compliance with customs admissibility requirements, such as country or origin marking rules and intellectual property rights requirements. Our attorneys assist clients in responding to CBP seizure and detention notices, with the goals of minimizing interruption of the supply chain, securing the release of goods, and avoiding costly penalties, sanctions, and port delays. Customs Enforcement of Intellectual Property Rights Keeping goods that infringe intellectual property rights (IPR) out of the United States has been a heightened priority for CBP. While increased seizures of infringing goods by CBP have benefitted IPR owners, they also have presented additional challenges for importers, particularly with regard to sourcing from China. We help IPR owners maximize their protection under the customs laws. Our lawyers work with CBP officers at CBP headquarters and at CBP ports of entry to increase the likelihood that infringing goods will be identified at or prior to importation. Working with Arent Fox’s nationally rated Intellectual Property group, we also develop strategies and create IPR protection programs that go beyond mere recordation of IPR (e.g. trademarks) with CBP. Our attorneys also help importers to minimize their risk of IPR violations. We assist importers in challenging seizures and securing the release of legitimate goods. In addition, we design strategies for importers to help them avoid the unintentional importation of infringing goods. CBP Actions Challenging Tariff Classification & Valuation Determinations, & Special Duty Claims Made by Importer Even when goods are released by CBP, this does not prevent CBP from later making requests for further information or even proposing (or in some cases requiring) changes to an importer’s entry declarations that are adverse to the importer. These actions usually involve CBP inquiries or challenges to an importer’s classification, valuation, and special duty claims (such as NAFTA and GSP claims) on imported goods that have direct consequences on the amount of duties and fees assessed by CBP against the importer. Arent Fox attorneys advocate for our clients in helping them respond to CBP requests for information and challenging CBP adverse determinations on customs entries. We also develop and implement strategies to reduce the risk for our clients in situations when the classification, valuation, or special duty determinations may have been made in error. These risks could include the possible expansion by CBP of the scope of its review, increased inspections by CBP at the border of the importer’s goods, and monetary penalties against the importer. Enforcement of Other Agencies' Laws Because of its position at the border, CBP is also the first and primary enforcement agent for the laws, rules, and regulations of other agencies with respect to imported merchandise. In addition to applying and enforcing the trade and customs laws, CBP is the frontline enforcement agency for the entire range of imported goods and products from medical devices and pharmaceuticals, to raw materials, foods, machinery, and transportation equipment. CBP daily enforces the requirements of the Food and Drug Administration (FDA), Environmental Protection Agency (EPA), Consumer Product Safety Commission (CPSC), Department of Transportation (DOT), and other agencies at the border. Because of the broad range of our practices in these and other regulatory areas, Arent Fox’s team has experience with CBP’s enforcement of these other agency rules and has helped clients deal with Customs detentions based on FDA, EPA, DOT, and other agency requirements. Meet the Team The Customs & Import Disputes TeamClick on Team Member below to view his or her biography. Name Title Location Sule Öktenay Akyuz 202.828.3421 sule.akyuz@arentfox.com Download vCard Sr. Regulatory Consulting Attorney Washington, DC Aaron S. Brand 202.715.8408 aaron.brand@arentfox.com Download vCard Associate Washington, DC Matthew J. Clark 202.857.6066 matthew.clark@arentfox.com Download vCard Managing Partner Washington, DC Scott A. Cohn 212.484.3984 scott.cohn@arentfox.com Download vCard Sr. Regulatory Consulting Attorney New York, NY Robert G. Edwards, Ph.D.* 202.857.6346 robert.edwards@arentfox.com Download vCard Director of Regulatory Science Washington, DC Myles S. Getlan 202.828.3428 myles.getlan@arentfox.com Download vCard Partner Washington, DC John Gurley 202.857.6301 john.gurley@arentfox.com Download vCard Partner Washington, DC David R. Hamill 202.857.8940 david.hamill@arentfox.com Download vCard Partner Washington, DC Mark P. Lunn 202.857.6295 mark.lunn@arentfox.com Download vCard Partner Washington, DC Matthew Nolan 202.857.6013 matthew.nolan@arentfox.com Download vCard Partner Washington, DC David Salkeld 202.857.6478 david.salkeld@arentfox.com Download vCard Associate Washington, DC Newsroom Date Type Title 12 / 6 / 2012 Alert Risks in Using Transfer Pricing Studies to Support Customs Valuation