There continues to be a lot of press about the impact of Kirtsaeng v John Wiley & Sons, 133 S. Ct. 1351 (2013), in which the U.S. Supreme Court recognized the validity of grey market goods being imported into the U.S. The thrust of the decision was recognition of a first sale doctrine, meaning
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CBP Message, Primarily About Exports
At the AAEI Annual Conference going on in D.C. right now, CBP has made several statements about its direction which are hopeful, if not somewhat eye-opening. First, trade in the last fiscal year increased yet again. Exports totaled $1.3 trillion and imports $2.3 trillion.
It was also refreshing to hear CBP acknowledge that an efficient…
The Canada Border Services Agency Looks At Exports Too
The Canada Border Services Agency (“CBSA”) may detain any goods that are being exported from Canada if the CBSA is concerned that the goods are being exported contrary to Canada’s export controls and economic sanctions laws. This happens with increasing frequency these days. A number of clients have received notifications from the CBSA that their exports have been detained.
The process usually starts with a notification by the freight forwarded/shipper to the export that the container has been stopped and held for Vehicle and Cargo Inspection System (VACIS) inspection by the CBSA. This inspection has an associated fee. The CBSA undertakes a scan and if the good looks like it may be a controlled good the shipment is stopped.
The CBSA detains a shipment and then asks the Department of Foreign Affairs and International Trade (DFAIT), Export Controls Division if they have issued an export permit for the goods. If there isn’t an export permit, the Export Controls Division contacts the exporter so that they may determine if an export permit is necessary (that is, whether the goods are contained on Canada’s Export Controls List). Usually, the exporter receives an email with the following request from an officer in the Export Controls Division:
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