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Our retail multinational clients often ask if there is an effective way of protecting intellectual property rights (“IPR”) in China. While traditional enforcement remedies in China have been ineffective in the past, customs border protection schemes in recent years have provided a cost effective tool to protect the IPR of brand owners in the retail …

Today President Trump and Chinese Vice Premier Liu He signed a “Phase One” trade agreement, the first formal text agreement between the two sides since the United States initiated the Section 301 investigation in August 2017, which has since led to mounting U.S. and Chinese tariffs affecting bilateral trade.

The agreement does not specifically…

In ruling N307400, Customs and Border Protection (CBP) discussed the classification of the iHarvest Hydroponic System (iHarvest). The iHarvest is used to grow fruits and vegetables indoors. It incorporates plastic molds which are assembled to create the hydroponic system shell, pumps and hoses for irrigation, net cups to hold plants in place, LED lights and…

In ruling NY N307372, Customs and Border Protection (CBP) discussed the country of origin of cut and polished diamonds.  The rough diamonds at issue are mined in Botswana and shipped to the U.S. where they are evaluated for size, shape, and brilliance.  Afterwards, the rough diamonds are shipped to China where they are …

In ruling NY N307550, Customs and Border Protection discussed the classification of the “BeepEgg”, a singing floating egg timer. This electronic device measures approximately 2 x 1.8 inches and weighs .07 lbs. In use, this device would be boiled along with real eggs. The “BeepEgg” measures the outer temperature, then calculating the core temperature of…

Last week, the U.S. Court of International Trade(CIT) granted a preliminary injunction prohibiting the federal government, including U.S. Trade Representative Robert Lighthizer and Acting Commissioner of U.S. Customs and Border Protection Mark Morgan, from implementing the withdrawal of a tariff exclusion for bifacial solar panels without due process. The government’s withdrawal comes only months after…

In ruling NY N307209, Customs and Border Protection (CBP) determined the classification of the Yamaha Soundbar with Built-in Subwoofers and USB Playback from China. The device incorporates the following: two speakers, two built-in subwoofers, an amplifier, input jacks, and output jacks. It also includes a USB port that contains the internal circuitry to read and…

In ruling NY N306613, Customs and Border Protection (CBP) determined the classification of the Feel Emotion Sensor, which is an electronic wearable device used to track heart rate, skin temperature and skin conductance. Via this wristband, five embedded sensors collect certain biometric indicators. The wristband contains a three-axis accelerometer used by the connected smart device…

In ruling NY N306903, Customs and Border Protection (CBP) discussed the country of origin of a programmable robot, the Misty II. The item is a fully customizable robot that is fitted with electric motors for movement. The Misty II features an LCD display, camera, speakers, microphone, internal memory, and a rechargeable battery. The Misty II…