Customs & Import/Export Regulations

OFW has broad experience in matters before U.S. Customs and Border Protection (“CBP”), including both administrative proceedings before CBP and judicial proceedings before the federal courts, including:

• Tariff classification and valuation
• Country-of-origin determinations and marking requirements
• Drawback
• Penalty and forfeiture proceedings
• Detentions and seizures
• Voluntary disclosures
• Participation in free trade agreement and tariff preference programs such as NAFTA, the Generalized System of Preferences, and other special regimes
• Development of customs compliance programs

In addition to CPB requirements, there are FDA and USDA requirements affecting imports and exports. FSIS has authority to re-inspect all imported meat, poultry and egg products prior to distribution in the U.S. and may refuse entry if such products do not meet FSIS requirements. FDA has the authority to stop regulated products at the border and require that individual entries be examined and tested prior to entry. OFW regularly assists clients in obtaining relief from such actions by working with clients before the agencies to design and implement measures to address FDA’s and FSIS’s concerns, whether those concerns be directed to a particular company, a commodity, or an area or country of production. Both plant and animal products, including products containing animal ingredients (e.g., in vitro diagnostic test kits or test kit components), may require APHIS import permits or approval for export. Importation of food products from certain regions may be restricted to prevent the spread of animal disease, and plant materials may be subject to restrictions to protect U.S. agriculture. Our attorneys assist in identifying such import/export restrictions and in developing procedures and certifications to ease international trade in such products. OFW also assists clients who may be subjected to investigation by APHIS when issues arise during the import of regulated products.