Attys Begin To Let Guard Down Over First-Sale Rule

Law360, New York (December 2, 2010, 6:29 PM EST) -- After years of uncertainty, U.S. Customs and Border Protection's recent decision to withdraw a plan to end the first-sale rule has attorneys and importers breathing easier — for now.

Despite widespread opposition and a congressional mandate that the rule must stay in force at least until January 2011, Customs' 2008 proposal to end the first-sale rule, which determines customs value, had remained on the books, creating confusion and doubt.

But weeks ago, Customs formally abandoned its plan to eliminate the rule, which many believe will be...
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