Tariff Classification
The tariff classification of merchandise governs the rate of duty applicable upon entry. Proper classification requires a detailed legal analysis and thorough knowledge of the international Harmonized Tariff System (HTS), which has been adopted by over 120 countries of the world. In the U.S., knowledge of the HTSUS, Customs rulings and practices, as well as court decisions is essential to effective and practical strategies. Barnes/Richardson draws on more than seven decades of experience in the area of classification to identify the classification resulting in the lowest legally correct rate.

Customs Valuation
Importers must ensure that the correct method of valuation is applied to their merchandise and that all elements of value prescribed by statute are included in the value reported to the customs authorities. Customs valuation is also subject to international obligations under the GATT Valuation Code, which has been accepted by over 100 countries. As a participant in the legislative evolution of the Valuation Code and U.S. law through successive valuation methodologies, Barnes/Richardson brings to bear unparalleled expertise on issues of valuation.

Customs Legal Compliance Programs
Congress has placed the burden of compliance with the laws and regulations administered by the Customs and Border Protection upon importers. Importers must discharge this responsibility with reasonable care. That means putting in practical business systems and procedures that ensure importers meet Customs expectations of informed compliance. Barnes/Richardson designs and assists in the implementation of legal compliance programs specifically tailored to the needs of individual clients, including internal compliance reviews, the preparation of comprehensive manuals, internal training seminars and other services designed to ensure and document the exercise of reasonable care.

Trade Agreements and Duty Reduction
Successive rounds of GATT/WTO negotiations and free trade area negotiations such as those leading to the NAFTA have presented opportunities for those importers and domestic industries that are alert to the developments in these negotiations and that present their views effectively.

Barnes/Richardson has represented clients in every round of GATT/WTO negotiations since 1948, and is well versed in the intricacies of such international trade negotiations. The Firm now brings this experience to the proceedings of the World Trade Organization and other multi-lateral organizations.

The North American Free Trade Agreement, other similar agreements and programs such as the Generalized System of Preferences, AGOA, and duty drawback have given importers unprecedented opportunities to reduce the duties on shipments to the United States and have created new avenues for U.S.-based importers to take advantage of economic opportunities for suppliers and factories in worldwide. We provide expert support in developing duty-reduction programs, including the completion of Certificates of Origin and the development of systems for communicating technically detailed NAFTA requirements to suppliers and customers. We also provide assistance with NAFTA verifications, GSP audits, the operation of Foreign Trade Zones, duty drawback, and other duty reduction opportunities.

Investigation & Audits
Formal investigations conducted by U.S. Customs and Border Protection, Immigration and Customs Enforcement, or other enforcement agencies and audits conducted by Customs auditors can result in significant additional duty liability and the assessment of substantial penalties. Barnes/Richardson provides guidance and representation throughout the course of investigations and audits seeking to eliminate exposure to additional duty or penalty liability.

Intellectual Property
The Bureau of Customs and Border Protection is responsible for enforcing U.S. intellectual property laws at the border. If you own valuable trademarks, copyrights or other intellectual property, you want to ensure that no one is importing goods using your intellectual property into the U.S. without your permission. Whether importing or challenging "gray market" goods or counterfeit articles, strategies are available to you to protect your interests. Similarly, if imported merchandise is detained or seized due to an alleged copyright or trademark violation, Barnes/Richardson can help you contest this action through the CBP internal process or, if necessary, in the U.S. District Court.

"Section 337" investigations are unfair competition investigations conducted by the United States International Trade Commission (ITC). Most often, these cases involve claims regarding intellectual property rights, including allegations of patent and trademark infringement by imported goods. Both utility and design patents, as well as registered and common law trademarks, may be asserted in their investigations. The remedies available under Section 337 include exclusion orders directing Customs to stop infringing imports from entering the United States, as well as cease and desist orders against named importers and other persons engaged in unfair acts violative of Section 337. Expedited relief in the form of temporary exclusion orders and temporary cease and desist orders may also be available in certain exceptional circumstances. Relief may include exclusion orders covering imported downstream products into which infringing merchandise has been incorporated before importation. Section 337 investigations include trial proceedings before administrative law judges and review by the ITC.

Barnes/Richardson attorneys have considerable experience litigating Section 337 investigations before the ITC, representing both complainants and respondents. Furthermore, our attorneys are active in specialized bar associations and industry groups that are dedicated to monitoring developments in the Section 337 practice area, including the ITC Trial Lawyers Association.

Cargo Security
The security of your supply chain is an important area of focus for Customs & Border Protection. To avoid delays in the release of merchandise as well as to gain access to certain benefits from Customs, importers may wish to participate in the Customs-Trade Partnership Against Terrorism, or C-TPAT. Come to this page for news and developments relating to C-TPAT and other security related programs such as Free and Secure Trade and the Cargo Security Initiative.

Product Safety
Customs and Border Protection is the agency primarily responsible for the identification and interdiction of imported products that pose a risk to the public health and safety. Many of the relevant rules and regulations have been enacted by the Consumer Products Safety Commission pursuant to the Consumer Products Safety Improvements Act. Barnes/Richardson assists companies seeking to avoid delay and expense through compliance with these regulations and by working with Customs when issues arise.

Litigation and Appeals
Court of International Trade Litigation
Given the technical nature of international trade regulation, some disputes cannot be resolved satisfactorily without the guidance of the Courts. Private litigants before the Court of International Trade must overcome legal presumptions and burdens of proof which favor agency decisions. Barnes/Richardson has a long history of representing importers as both plaintiffs and defendants before the Court of International Trade.

Binational Panel Reviews
The NAFTA and its predecessor, the U.S.-Canada Free Trade Agreement, established unique dispute resolution procedures for international trade disputes in which the parties present their cases to a panel of decision-makers made up of both foreign and U.S. nationals. Since its representation of a client before the second Binational Panel convened, the Firm has been a pioneer in the conduct of such reviews.

Court of Appeals for the Federal Circuit Appeals
Private litigants must be assured that their counsel is able and prepared to effectively represent them not only at the trial court but also through appeal to the Court of Appeals for the Federal Circuit and, if necessary, the U.S. Supreme Court. The experience and expertise of Barnes Richardson & Colburn lawyers is present from the administrative level to the completion of the final appeal.

General Litigation Services
Sometimes in the course of business, disputes arise regarding selling or moving goods in international business. These could relate to contract claims, disputes regarding losses of goods in transit, collection of monies owed, or enforcement of the terms of a bill of lading. BR&C is uniquely experienced in the practicalities of international trade and in addressing claims relating to commercial international transactions. That experience is invaluable in favorably disposing of disputes, be it through the negotiation of an agreed settlement or proceeding through mediation, arbitration or litigation.

March 8, 2018
President Trump Signs “National Security” Proclamation Restricting Aluminum Imports
March 8, 2018
President Trump Signs “National Security” Proclamation Restricting Steel Imports
February 16, 2018
November 28, 2017
Banco Bilbao Banks with Blockchain
September 13, 2017
House Bill Introduced Prohibiting Importation of Certain Venezuelan Petroleum Goods
September 12, 2017
NCBFAA Advocates for Bankruptcy Protections for Customs Brokers in Position Paper
August 30, 2017
Hurricane Harvey Causes Long-Term Closures in Texas Ports
August 30, 2017
Steel Execs. Write Trump: Get the Lead Out and Help the Steel Industry
August 10, 2017
Commerce Rules Heat-Treated Aluminum 5050 Extrusions As Circumvention; Overturns Related Scope Rulings
July 20, 2016
First Round of NAFTA Talks Scheduled: Negotiation Objectives Include ROOs, ISDS, Labor and Environment Standards
June 29, 2017
Travel Goods Now Eligible for GSP Benefits
July 5, 2017
U.S. - U.K. Bilateral FTA Talks Scheduled for July
June 15, 2017
U.S. and China Finalize Beef Agreement, 13 Year Import Ban Lifted
June 15, 2017
GAO: CBP Needs More Staff, Better Hiring Plans to Ensure Effective Enforcement
June 6, 2017
U.S., Mexico Renegotiate Sugar Suspension Agreement
June 2, 2017
Antidumping/Countervailing Duty Petition Filed Concerning Citric Acid and Certain Citrate Salts from Three Countries
June 1, 2017
Section 201 Global Safeguards Petition Filed Concerning Imports of Residential Washers
June, 1, 2017
Antidumping/Countervailing Duty Petition Filed Concerning Fine Denier Polyester Staple Fiber form Five Countries
June 1, 2017
Two Bills Introduced in House and Senate Aimed at Reforming Trade Enforcement, Boosting U.S. Manufacturing
May 31, 2017
BAT Tax Proposal Takes Center Stage at Ways and Means Hearings
May 30, 2017
Agricultural Marketing Service Solicits Comments Regarding Softwood Lumber De Minimis Quantity Exemption Threshold
May 26, 2017
ITC Institutes Investigation of the Effects of NAFTA Tariff Elimination
May 22, 2017
USTR Requests ITC Investigation into Economic Effects of NAFTA Agricultural Import Tariff Elimination
May 19, 2017
BIS Issues Notice with Additional Information for Upcoming Section 232 Steel Hearing
May 18, 2017
President Trump Starts NAFTA Modification Process
May 16, 2017
USDA Plans Reorganization; Undersecretary for Trade Office Created
May 10, 2017
International Trade Commission Institutes Second and Third Parts of Digital Trade Investigation
May 9, 2017
Bureau of Industry and Security Solicits Public Comments, Announces Public Hearing for Section 232 Aluminum Investigation
April 28, 2017
President Trump Directs Commerce to Expedite National Security Investigation of Aluminum Imports
April 27, 2017
Antidumping/Countervailing Duty Petition Filed Concerning 100- to 150- Seat Large Civil Aircraft from Canada
April 26, 2017
Bureau of Industry and Security Solicits Public Comments, Announces Public Hearing for Section 232 Steel Investigation
April 25, 2017
Commerce Issues Preliminary Affirmative CVD, Critical Circumstances Determinations for Canadian Softwood Lumber
April 20, 2017
President Trump Issues "Buy American, Hire American" Executive Order
March 29, 2017
Antidumping/Countervailing Duty Petition Filed Concerning Carbon and Alloy Steel Wire Rod
March 24, 2017
Ways & Means Chair Calls Border Adjustment Tax a "Given", Treasury Sec'y Seeks to Reassure U.S. Retail, Importers
March 2, 2017
First CIT Decision on New Festive Articles Provision Issued
February 23, 2017
CBP Amends Preference Claims Policy to Allow Post-Importation Protests
February 22, 2017
WTO Trade Facilitation Agreement Enters into Force
February 21, 2017
Sen. Graham, Other Republican Senators, and Retail Industry Voice Doubts About Ryan's "Better Way" Tax Plan
February 14, 2017
President Trump, Prime Minister Trudeau Meet to Discuss Potential NAFTA Modifications
February 9, 2017
GAO Report; Customs Not Able to Validate Benefits to C-TPAT Participants
February 2, 2017
White House Indicates All Trade Deals to Be Reviewed
February 2, 2017
Presidential Memorandum Calls for Regulatory Freeze Until March 21st
January 19, 2017
Presidential Authority over Trade
January 19, 2017
The National Trade Council
April 28, 2016
House Passes Miscellaneous Tariff Bill (MTB)
April 28, 2016
U.S. Steel Asks for General Exclusion Order on Chinese Steel
May 4, 2017
BRC Partner Lawrence Friedman to Speak at Upcoming PERT Event
March 16, 2017
Partner David Forgue Quoted in International Trade Today
March 3, 2017
Watch the Webinar: Consumer Products Safety and Customs Enforcement at the Border
By: Lawrence M. Friedman
March 3, 2017
Brian F. Walsh Addresses Trump Administration Trade Policies at the Meritas Asian Regional Meeting in Singapore
March 2, 2017
David G. Forgue to Participate in Georgetown International Trade Update
February 14, 2017
BRC, Joern Law Firm to Hold Joint Webinar on Consumer Product Safety Rules and Import Requirements
By: Lawrence M. Friedman
January 19, 2017
David Forgue to Speak on AD/CVD Evasion at International Trade Club of Chicago
February 10, 2015
From Moveable Type to Home Manufacturing in Five Easy Centuries: Some Trade Implications of 3D Printing
By: David G. Forgue
October 24, 2014
Forgue Speaks on Nearshoring, Reshoring, and Their Trade Compliance Challenges
October 24, 2014
Trek Leather and the Decline of Reasonable Care
By: Lawrence M. Friedman
September 4, 2014
Misrepresentation of Country of Origin Results in Recent False Claims Act Penalties
By: Sandra Liss Friedman
July 18, 2014
BRC Advises on Ivory, Other Restricted Materials for Musical Instruments
May 23, 2014
BRC Partners Selected to Chambers Guide 2014
April 23, 2014
Article by Larry Friedman Discussing Tariff Engineering
By: Lawrence M. Friedman
April 23, 2014
Tariff Engineering: Value-Added Compliance
By: Lawrence M. Friedman
April 23, 2014
Larry Friedman and Christine Martinez Article on 2012 CIT Cases
By: Lawrence M. Friedman
April 01, 2014
BRC Partner David Forgue Speaks at ITCC Workshop
March 28, 2014
Larry Friedman Speaks at ICPA Conference
November 06, 2013
BRC Partners to Speak at Upcoming ITCC Workshop
September 20, 2013
Barnes/Richardson Partner Cortney O’Toole Morgan to Speak at ACI’s U.S. Customs Compliance Boot Camp
May 8, 2013
Barnes/Richardson Partner Quoted by International Trade Today
February 5, 2013
Detentions, Exclusions, and Customs Protests
By: Lawrence M. Friedman
January 29, 2013
Barnes/Richardson Attorneys Publish Article on New Conflict-Minerals Regulations
Dec. 14, 2012
Barnes/Richardson Partners Author Article on Trade Law and Due Diligence
September 28, 2012
Food SafetyModernization Act Registration Requirements Begin October 1, 2012 for All Food Facilities
By: Sandra Liss Friedman
Sept. 25, 2012
Report: Conflict Minerals and the Supply Chain
September 10, 2012
Barnes/Richardson Partner to Speak at Upcoming Trade and Transportation Events
August 27, 2012
Barnes/Richardson Economist Quoted on Citrus Industry Developments
Jun. 6, 2012
Firm Posts ITCC Presentation on Valuation
March 2, 2012
Alan Goggins Publishes Article on Transfer Pricing in 2012 Tax Stringer
By: Alan Goggins
December 6, 2011
The Latest Lurking International Trade Liability
By: David G. Forgue
December 6, 2011
David Forgue on The Latest Lurking International Trade Liability
By: David G. Forgue
October 27, 2011
CBP Changes Rules for Sampling and Offsetting in Prior Disclosures
Aug. 10, 2011
Barnes/Richardson Publishes White Paper on ENFORCE Act
By: David G. Forgue
August 10, 2011
ENFORCE Act White Paper
By: David G. Forgue
Jun. 10, 2011
Challenging Customs Denial of Prior Disclosure
By: Lawrence M. Friedman
January 4, 2011
FTZ Board Proposes Significant Revisions to Foreign Trade Zones Regulations
January 4, 2011
FTZ Board Proposes Significant Revisions to Foreign Trade Zones Regulations
Apr. 22, 2009
Penalties & Prior Disclosures
By: Lawrence M. Friedman
September 26, 2008
Customs Changes Approach to Determining Substantial Transformation for Purposes of Country of Origin Declaration
By: Sandra Liss Friedman
September 16, 2008
The New Lacey Act Requirements and their Practical Application
July 8, 2008
Recent Customs Rulings Focus on Correct Identification of Producer for Purpose of
By: Sandra Liss Friedman
June 8, 2008
CIT Decision Finds Importer Negligent For Failing To Exercise Reasonable Care By Not Following Advice
By: Sandra Liss Friedman
May 30, 2008
First Sale Appraisement in the EU: Alive and Well
By: Frederic D. Van Arnam, Jr.
May 30, 2008
CBP Plans C-TPAT Changes in Response to GAO Critique
May 5, 2008
Canada Adopts NAFTA Disassembly Rule
April 7, 2008
The Reasonable Care Standard: Has Customs Raised the Bar?
By: Sandra Liss Friedman
April 1, 2008
Related-Party Pricing
By: Alan Goggins
February 4, 2008
The Importance of Copyrighting Products' Packaging
By: Lawrence M. Friedman
February 1, 2008
Avoiding Problems in Prior Disclosures
By: Lawrence M. Friedman
January 22, 2008
Cosmetics, Drugs and Labels
By: Frederic D. Van Arnam, Jr.
January 14, 2008
The Role of Trade in the 2008 Elections
By: Lawrence M. Friedman
October 12, 2007
NAFTA Certificates of Origin: Supporting Document Requirement
By: Lawrence M. Friedman
October 12, 2007
Counteract Counterfeits
By: Frederic D. Van Arnam, Jr.
October 2, 2007
Brand Owners Can Prevent Increasingly Costly Offshore Counterfeit Activities
By: Frederic D. Van Arnam, Jr.
July 13, 2007
Strategies for Dealing with Counterfeiting
By: Frederic D. Van Arnam, Jr.
July 13, 2007
CBP Commissioners Speak on Cargo Security
May 15, 2007
Related Party Pricing - CBP v. IRS
By: Alan Goggins
May 1, 2007
Reducing Customs Duties: Strategies for Importers
By: Lawrence M. Friedman
March 3, 2007
Customs Quick Response Audits: How an Importer Can be Prepared
By: Robert E. Burke
August 1, 2006
Section 337 Cases on the Rise
By: Matthew T. McGrath
July 19, 2006
The Customs and Trade Facilitation Reauthorization Act
June 28, 2006
Customs-Trade Partnership Against Terrorism: What you Need to Know and What to Expect
By: Frederic D. Van Arnam, Jr.
April 26, 2006
New C-TPAT Standards for Highway and Sea Carriers
November 18, 2004
Substitution of Petroleum Derivative and Drawback of MPF
September 29, 2004
Training Employees To Handle Hazmat
By: Frederic D. Van Arnam, Jr.
September 29, 2004
Mergers, Acquisitions And Due Diligence In International Trade
August 15, 2004
Painting is Painting, Finally
By: Lawrence M. Friedman
June 24, 2004
Bioterrorism Penalties and Mitigation
May 1, 2004
"Who's Who" in Customs and International Trade Law
By: David G. Forgue
March 10, 2004
The U.S.-Singapore Free-Trade Agreement
March 2, 2004
Conducting a Legal Compliance Review for Import and Export Activity in the Context of a Potential Merger or Acquisition
By: Sandra Liss Friedman
January 27, 2004
Judicial Review of Classification Cases
By: Sandra Liss Friedman
October 2003
Securing the Supply Chain
By: Frederic D. Van Arnam, Jr.
August 2003
Cargo Security -- The Legal Perspective
By: Frederic D. Van Arnam, Jr.
August 21, 2003
Yes, We Have No Bananas
By: Matthew T. McGrath
May 2003
Cargo Security and U.S. Customs
By: Frederic D. Van Arnam, Jr. and Robert E. Burke
January 1, 2003
US Customs & International Trade Law: A Brief Orientation
January 1, 2003
Reasonable Care and Liability for Marking Duties under Section 592
By: Sandra Liss Friedman
January 1, 2003
Haggar impact uncertain
By: Sandra Liss Friedman
January 1, 2003
Establishing a Customs Compliance Program
By: Robert E. Burke
January 1, 2003
Customs Year in Review: 1999
By: Matthew T. McGrath
January 1, 2003
Customs Revises Mitigation Guidelines
January 1, 2003
Business and Legal Strategies for Dealing with Grey Market Imports*
By: Lawrence M. Friedman
January 1, 2003
Best Practices for Importers' Relationships to their Customs Brokers/Freight Forwarders
January 1, 2003
1996 Developments in Customs and Trade Law
By: Matthew T. McGrath and Lawrence M. Friedman
January 2003
Customs Publishes Treasury Decision On New Binding Ruling Procedures
April 3, 2002
BR&C Comments on FDA Proposal
By: Sandra Liss Friedman

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