The Dilendorf Law Firm’s Customs & International Trade practice assists companies in complying all of the admissibility requirements related to U.S. Customs and Border Protection (CBP) guidelines.
Intellectual Property, Trademarks and Patents
Importers are acutely aware of how their intellectual property (IP) impacts the value of goods and take great pains to protect it from potential infringement by competitors. By identifying IP assets and registering them with the related federal agencies, including with U.S. Customs and Border Protection, it is possible to protect these assets and increase the value of distribution and licensing agreements.
Effective monitoring of intellectual property throughout the global marketplace is the best way to safeguard against infringement. Rights holders can file suit If a violation is found, or pursue a claim through the International Trade Commission, which is a more expedient solution that excludes infringing goods from entering into the U.S.
In addition to ensuring protection of IP for our importing companies, we also encourage importers to protect against pirated or counterfeit goods by securing proper authorization from rights holders.
Our practice stays up to date with the many changes related to forced labor laws and works with clients to ensure compliance through a combination of risk management, due diligence, and remediation strategies.
By taking advantage of existing customs resources and corporate social responsibility standards our firm can ensure a thorough and rapidly integrated approach that is both efficient and effective. Our due diligence strategies include the review and renewal of audit procedures, corporate policies, and compliance manuals, as well as related vendor documents and agreements. We also work closely with our clients’ legal, procurement and CSR departments to make sure all relevant personnel are aware of the new laws’ ramifications.
If North Korean labor is found to be a part of their supply chain, our firm works with the client to develop an action plan to prevent goods from being detained at the border.
Risk assessment and monitoring tactics may include monitoring company ACE data as it related to entities and locations that may have been the focus of Department of Labor, Department of State, CBP, and non-government organizations, as well as the media.
Gray Market Goods
The purchase and import of genuine branded goods overseas for sale in the U.S., also known as “gray market goods”, can be a profitable venture. However, such imports do not typically have the consent from the owner of the associated intellectual property rights. As a result, these imports are subject to strictly enforced statutes designed to protect the rights holders.
The Dilendorf Law Firm works closely with discount retailers and similar importers comply with the CBP requirements and continue a successful operation in the gray market.
Quotas and other import restrictions
Many agricultural goods, including products containing sugar and certain dairy products, are subject to absolute quotas, tariff-rate quotas and other import restrictions related to the quantity of products that may be imported into the United States. These restrictions may also apply to certain articles of iron or steel. As such measures can impact sourcing decisions and costs, it is advisable to seek legal counsel from a law firm experienced with customs and international trade.
The Dilendorf Law Firm routinely advises clients on the latest admissibility requirements and other issues affecting the import trade. Our attorneys help clients realize cost savings and enhanced efficiencies through compliance with CBP statutes.
- Enforcement of U.S. Import Admissibility Requirements – U.S. Government Accountability Office
- CBP Enforcement of Intellectual Property Rights – U.S. Customs and Border Protection
- Help CBP Protect Intellectual Property Rights – U.S. Customs and Border Protection
- IPRR Intellectual Property Rights e-Recordation – U.S. Customs and Border Protection
- List of Goods Produced by Child Labor or Forced Labor – U.S. Department of Labor
- Forced Labor Detained Shipments Fact Sheet – U.S. Customs and Border Protection
- Common Entry Types – U.S. Food & Drug Administration
- Prohibited and Restricted Items – U.S. Customs and Border Protection