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I am surprised to learn that I did not cover the Court of International Trade's classification decision in Alcan Food Packaging v. United States, because the Court of Appeals for the Federal Circuit has now affirmed that decision. Like the last Ruling of the Week, Alcan is an important decision in that it counsels against the desire importers sometime have to jump to "essential character" or "relative specificity" to decide between two possible tariff classifications. You can't do that until you have fully exhausted the text of the headings and any relative chapter and section notes in the Harmonized Tariff Schedule of the United States. In this case, the product is a packaging film made of a layer of aluminum foil and two or more layers of plastic. There is more plastic than aluminum but both materials are necessary for the material to perform its function. That function includes hermetically sealing U.S. military ready-to-eat meals. Alcan, the importer,...

I have mentioned before that one of the side effects of being a customs lawyer is exposure, directly and indirectly, to all sorts of strange and interesting products. Take, for example, the dance shoe sizing kit. The kit consists of several left shoes in a spectrum of sizes and a ruler for measuring feet. The shoes and the ruler are marked "Sample Not for Resale." The tariff classification for this kit was determined in NY N257784 (Nov. 18, 2014) . The purpose of this kit is, as you might expect, is to solicit sales of dance shoes from potential customers in the U.S. As is often the case in rulings issued by the NY office of Customs and Border Protection, there is not a lot of analysis in the ruling, just a result; which we will get to in due course. The first question to ask is whether the shoes and rulers constitute a retail set that should be classified as a whole under General Rule of Interpretation 3(b). If so, the sample shoes and the sample rulers, if put up for retai...

Engage, the deo from ITC has made a quick impact in the Indian market. Within a year, the brand has claimed second spot in the India deo market with a volume market share of 8.1% ( source : ET ). The brand playing on the " attraction " theme has taken it to the next level. This season, the brand has come out with the new campaign for the "zero gas" cologne spray version. Watch it here : Engage Deo The brand's ads have always forced parents like me who have little kids to scramble for the remote to change channels. The new ad takes the " attraction" to the next level.  While the rise of the Engage deo can also be attributed to the effectiveness of these ads, my personal opinion is that brands should also be little sensitive to the audience especially the family audience. Ofcourse the counter arguments would be that movies are much worse or explicit, that doesn't justify a suggestive ad. I am getting old , I suppose. 

I skipped a post on a prior case from the Court of International Trade called United States v. Tenacious Holdings, Inc. , on the grounds that it seemed to be a one-off without a lot of general applicability. I appear to have been wrong. There is already a new case along similar line. That case is Sigma-Tau Health Science, Inc. v. United States . Both cases involve a motion to have a case referred to Mediation. In Tenacious , the Court of International Trade granted the motion. In Sigma-Tau , the Court denied the motion. As background, you need to understand that the Court of International has a process called Court Annexed Mediation under Rule 16.1 . The idea is that before a case moves to a trial or motion for summary judgment, the judge assigned the case can ask a different judge to take a look at the case as a judge-mediator. The goal is to promote the settlement of cases. But, the process does not happen particularly often at the CIT. There may be lots of reasons for that, but in c...

I often run into questions about whether a NAFTA CO is acceptable backup for a NAFTA claim or to support another NAFTA CO. Here is what Customs and Border Protection has to say on the issue: CSMS #14-000598 This posting seeks to clarify the meaning of the terms “valid NAFTA Certificate of Origin,”  “invalid NAFTA Certificate of Origin” and “defective NAFTA Certificate of Origin”.  Additionally, CBP reminds importers that preference will be denied when possession of a valid NAFTA Certificate of Origin at the time of the claim cannot be substantiated. A NAFTA Certificate of Origin is valid if it: 1. Lists the good in question 2. Covers the period in question 3. Includes the exporter’s or his agent’s signature in block 11a “Authorized Signature” 4. Was in the importer’s possession at the time of the claim, as demonstrated by 1) a block 11e “Authorized Signature” date prior to the date of the preference claim, and 2) submission upon request of a CBP official A NAFTA Certificate of...

Jean-Marc Clement, a Canadian customs and trade expert with BCF in Montreal has started blogging from a Canadian perspective. Read his first entry here.  It involves the tariff classification of swivel chairs and is an entertaining and interesting piece.

For all the ladies who think you are going to lose your feminine looks by lifting weights, I am here to tell you that it is a myth.  We simply do not have enough testosterone naturally to produce extreme muscle mass.  We do benefit from a firm and tone look produced with weight resistance training and also taking into consideration genetics we were blessed with in combination with a healthy eating program. Our lean mass will provide more shape than anything else and does it show after years of commitment?  The answer is yes, however it will not be substantial enough for us to dash into a phone booth ready to jump out sporting our muscular superwoman outfit. What will be noticed about a committed weight training program are shapely arms, butt, legs and overall fit look and side benefits of feeling great about the compliments received for those attributes.  I have been lifting weights close to thirty years and do sport a lean muscular physique but do not consider mysel...

There is an antidumping duty order covering honey from China. That means that exporters and importers will look for clever ways to stay outside the scope of the order. Some of those will be legal; finding a new supplier in Vietnam, for example. Others will be decidedly illegal; like labeling honey as rice syrup. One interesting possibility is diluting honey until it is no longer 50% honey by weight. At that point, it is outside the scope of the antidumping duty order. In this game of cat and mouse, Customs and Border Protection needs to continually find ways to identify the presence of honey and its origin. HQ H187175 (May 14, 2012) illustrates part of that problem. The imported merchandise was reported as "honey and rice syrup mixture" from China. If the mixture is 50% by weight or honey, it is subject to antidumping duties. As entered, the goods were classified in HTSUS item 1702.40.40 as glucose and glucose syrup, containing in the dry state at least 20 percent but less t...

Brand : Libero Company ; Svenska Cellulosa Aktiebolaget ( SCA) Brand Analysis Count : # 551 Johnson & Johnson (J&J) now has a competition from a global player in the Rs 4500 crore Indian baby care market. SCA which is a  $10Bn Swedish company has launched its range of baby products in the Indian market. SCA is a global hygiene and forest products company which is Europe's second largest diaper maker.  SCA has launched its diaper and other baby products like soaps, baby lotion , powder etc. The brand is now running its campaign in my state Kerala for its range of products. Libero is positioned as a natural product which is skin friendly. The brand is emphasising natural positioning by comparing it to mother's touch. The brand has the tagline " Love Every Moment" which is not something that the brand projects. The brand is currently putting its muscle behind the Natural positioning.  Watch the ad here  : Libero  The Indian baby care market is huge by its s...

We all can have a rebel that lives inside of us taunting and tempting us to turn to the dark side of unhealthy living.  It can even come in the form of outright discouragement from not seeing results right away and out of frustration stuffing our faces with crap because we think what’s the point? We can be our own worst enemy when it comes to putting ourselves down and throwing that adult temper tantrum that leads to nothing but making poor decisions and a negative “mental game”.  In comes resentment and anger at life, the choices we are making that should be working but not, and straight up “biotch” attitudes.  You have just met the inner rebel that seeks to destroy our efforts and take us down to the mental breaking point.  I say, kick your rebel in the face and refuse to give in to the thoughts that will only give way to a domino effect of good things gone wrong.  Instead of listening to inner voices of temptation to jump ship with taking care of your health,...

Having now read the second opinion in Puerto Rico Towing & Barge , I'll just say that I am not going to do a full recap. This is an effort to have the Court of International Trade change its original judgment in favor of the United States. The company raised a few points about alleged errors in the Court's prior analysis, but the Court did not see anything substantive there. So, the original decision stands . My second quick update is to Rockwell Automation v. U.S., which is the case about the functioning of the Court of International Trade's Reserve Calendar. For background, read the original post here. You will recall that an issue in the case is whether several motions for extensions of time to remain on the Reserve Calendar were timely. The relevant rule is Rule 83(d), which says: (d) Extension of Time. The court may grant an extension of time for the case to remain on the Reserve Calendar for good cause. A motion for an extension of time must be made at least 30 d...

Who is guilty?   The scale game starts as innocent accountability of weight loss and then turns into a game of just how much we can get away with.   The fitness program is going great, the weight is coming off at a healthy rate and all of a sudden our thoughts turn to bringing unhealthy food items back into our lives at a more than moderation rate.   We challenge that scale and see how far we can push those numbers because we think there is leeway.   The purpose of obtaining a healthy weight is not to yo-yo back and forth, but to get serious about our health and maintain the lifestyle.   If the scale gets in the way of that, it is time to toss it, especially when the “scale game” derails our health and fitness goals and mental game.         We are not kidding anyone but ourselves when we play games with our efforts and what is that saying about what we are doing.   There is no half-way living a healthy life and the expectation of obtaini...

I'm working on work which is making working on things that are not work, a bit of a chore (which would be work). I know I have a Jones Act case and a second look at the Reserve Calendar to cover. I promise to work on getting to that particular piece of activity which is not work even though it may appear to be work. Mostly, I hope my non-work effort makes your work less of a chore (which would still be work).

Ever wonder what happens to scrap printed circuit assemblies? They get mined for valuable metals, primarily for copper. I know that because I read HQ  H218910 (Dec. 17, 2013). The issue in the ruling is the classification of the scrap PCA's. They might reasonably be classified as waste and scrap of plastic (which is the substrate) or of metal. They might also be classified as various electronic components such as resistors or as electronic assemblies such as control boards. Waste and scrap is not defined in the tariff schedule, but there are cases that address the concept. The Courts have collectively arrived at a definition of waste as material with no original value or no value for the ordinary or main purpose of manufacture. That means that lower grade or inferior products that are otherwise functional and saleable are not waste, they are just inferior. Think factory seconds or day old bread. In the metals context, Note 8(a) to Section XV defines "waste and scrap" as “...

A black bristled toothbrush for your white teeth !! Colgate has done something unusual in the Indian market- a black colored toothbrush branded as Slimsoft Charcoal. The brand which is available in other parts of the world is now launched in India with much fanfare. What is unusual and interesting about the new product is the color of the toothbrush itself. Black color is something that will be in the last option when one chose a color for the toothbrush bristles. However Colgate chose to play contrarian and launched it in the market. The brand claims to have charcoal infused bristles which will remove bacteria and plaque better than ordinary bristles. Now only Colgate knows what is meant by charcoal " infused" bristles.  Whatever it might be, the launch is pretty interesting. Conventional wisdom says that black color may repel a customer from buying a toothbrush for cleaning your teeth. Just like whether one would choose a black color liquid floor cleaner ! But marketing is ...

For some reason hiding behind our secrets seems to be the easy and almost normal thing to do while we are journeying through life.  Don’t be ashamed of your story because you just might inspire or help someone going through the same things.  All people will experience life with circumstances that may or may not be within our control, and what we are learning from these experiences helps to create who we are.  Why do we get so caught up in what people may think that hiding our true self along with our struggles for fear of rejection is more important than sharing who we are and what is happening within our life. Fear takes over our ability to own our life, robs us of our comfort level to share those things that are important, those things that we struggle with, what we may need help with, and sadly cuts off any chance of gaining a support system through difficult times. In my lifetime, I have hidden my inability to set boundaries and allowed myself to be mistreated in earl...