Monty Tayloe

Despite a previous port classification decision and 81 subsequent liquidated entries claiming preferential treatment under that classification, the entries of a single importer through a single port is not enough to create an "established and uniform practice," CBP said in ruling HQ H15556. The ruling, dated Feb. 3, addressed an internal advice request on whether embroidered fabric produced in Honduras using originating embroidery yarns and batiste fabric from China origin qualify for preferential tariff treatment as an originating good under the Dominican Republic -- Central America -- U.S. Free Trade Agreement (DR-CAFTA). The agency also considered whether a uniform practice had been established.

Correction: OtterBox denies the allegations in a customs broker's whistleblower lawsuit it recently settled for $4.3 million, and did not admit to the violations under the settlement (see 14042222). "OtterBox denies the contentions of the qui tam complaint filed in 2011 by former employee Bonnie Jimenez and asserts that at no time has the company knowingly underpaid customs duties," said an OtterBox spokesman. "As the government acknowledges, this matter was based solely on allegations and the case was settled with no admission of liability."

Cellphone case maker OtterBox paid $4.3 million to settle a whistleblower suit brought by a customs broker and former employee that alleged the company failed to account for the value of assists when it paid customs duties, said the U.S. Attorney’s Office for the District of Colorado on April 21. The broker, Bonnie Jimenez, alleged that her former employer knowingly disregarded the value of engineering work and molds on entry documentation it submitted between 2006 and 2011. The government agreed, and decided to intervene on her behalf. Jimenez will receive $830,000 out of the settlement for her trouble. OtterBox did not admit guilt as part of the settlement, and a company spokesman later denied the charges in the complaint.

The National Customs Brokers and Forwarders Association of America posted some of the presentations given during the group's annual conference April. 7-10. The presentations include:

Would it be possible to get Professor Sweeney?” asked a panelist at the White House’s March 17 workshop on big data at New York University. An audience member had just asked a question about how individuals -- both professional and nefarious -- could access encrypted data. The panel turned to recently appointed FTC Chief Technologist Latanya Sweeney, data anonymity researcher on leave from Harvard University, who was merely an observing audience member. “I don’t want to put her on the spot,” said the panelist, Microsoft Principal Researcher Kate Crawford. “But Latanya Sweeney has written many papers on precisely how people get access to big data."

"Would it be possible to get Professor Sweeney?” asked a panelist at the White House’s March 17 workshop on big data at New York University (WID March 19 p2). An audience member had just asked a question about how individuals -- both professional and nefarious -- could access encrypted data. The panel turned to recently-appointed FTC Chief Technologist Latanya Sweeney, data anonymity researcher on leave from Harvard University, who was merely an observing audience member. “I don’t want to put her on the spot,” said the panelist, Microsoft Principal Researcher Kate Crawford. “But Latanya Sweeney has written many papers on precisely how people get access to big data."

The National Customs Brokers & Forwarders Association of America (NCBFAA) stressed the importance of member engagement in a post on the NCBFAA website, encouraging brokers to get active and help to guide CBP as it looks to revise customs broker permitting regulations. CBP is considering using a more national permitting structure for brokers, rather than the current district structure that is based on geographic regions. Although "CBP has confirmed that they are not looking into making any changes in the immediate future" the NCBFAA "wants to be proactive and begin discussions now to allow comments, ideas and concerns from all its members to be received and reviewed," it said. "The NCBFAA has to manage this process methodically, with input from all to ensure our proposal on 'permitting' maintains the professionalism that our customers and government agencies demand."

Send event information for inclusion in the International Trade Today Calendar toITTNews@warren-news.com.

LAS VEGAS -- The Broker-Known Importer Program will at least start as an industry initiative because of restrictive rules on how CBP can launch official pilot programs, said Alan Klestadt during a panel discussion April 9 at the annual conference of the National Customs Brokers & Forwarders Association of America (NCBFAA). The association last year suggested that CBP adopt the program, which is meant to leverage some basic information brokers collect about their clients. The NCBFAA is coming up with the verification criteria and will open the program up to both association and non-association participants. In return, the NCBFAA is asking CBP to create an entry flag and incentivize importer participation. Klestadt says the NCBFAA wants CBP will conduct a survey 14 months into the program to see how it’s working. Eventually, the NCBFAA hopes CBP will formalize the program through regulations or a policy document.

U.S. Trade Representative Michael Froman and U.S. Agency for International Development Administrator Rajiv Shah vowed on April 11 to continue to collaborate with World Trade Organization (WTO) donors to help developing countries implement the WTO trade facilitation agreement. The agreement, brokered in December, aims to expedite and simplify customs procedure globally (see 13120922).