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International Considerations - Chapter 12 - Distribution Law of the United States - Second Edition
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Originally from: Distribution Law of the United States - Second Edition - Hardcover Version
Distribution Law of the United States - Second Edition - Digital Version
Preview Page 12.1. INTRODUCTION Many products are imported into the United States from outside the
country. Selling and distributing products into the United States from
abroad generates additional legal considerations, some of which are
discussed in this chapter. 12.2. IMPORT REGULATIONS When goods are imported into the United States the government
must have a declaration of their nature, price (or for goods that don’t have
a price, the value), and other data.1 U.S. Customs and Border Protection
(“CBP”), an agency of the U.S. Department of Homeland Security,
regulates imports. CBP has a few main reasons for acquiring this
information: The agency regulates which goods may enter the country. It
seeks to block illegal items from coming in. It also collects taxes and duties
on imported goods. For these reasons, CBP must know the nature of the
goods and must obtain accurate price and value information about them,
so that it may in turn report accurate data on the nation’s imports. But CBP also has other objectives. The agency seeks to protect
consumers and the environment against the entry of hazardous products; it
must protect industry and labor against unfair foreign competition; stop
illegal smuggling, and must inspect inbound agriculture to keep out pests
and diseases that could damage crops, livestock, pets, and the environment.
CBP may also enforce other laws restricting importation of certain items.2
David Gurnick practices law with Lewitt, Hackman, Shapiro, Marshall & Harlan in Los Angeles, California. He represents manufacturers, franchisors, cooperatives, distributors, dealers and franchisees in wide ranging industries in the preparation of distribution agreements, franchise law compliance, antitrust and competition matters, government investigations, trademarks, copyrights, trade secrets, e-commerce and litigation. He is certified by the State Bar of California, Board of Legal Specialization as a specialist in Franchising and Distribution Law.
The author of numerous articles on franchise and distribution law subjects, he was contributing co-author for International Franchising, a text on law and strategies for international franchising programs as well as the author of Franchising Depositions, published by Juris, on taking and defending depositions in franchising cases. His articles on franchising and cooperatives have been cited in California Supreme Court and California Court of Appeal decisions. He served as an adjunct professor of law, teaching franchising, has testified as an expert in franchising, and has frequently been a panelist at the American Bar Association Forum on Franchising, and International Franchise Association Legal Symposium. Previously, Mr. Gurnick was on the editorial board of the American Bar Association Franchise Law Journal.
He is a past president of the San Fernando Valley Bar Association and has, chaired its Business Law and Litigation Sections. He served as trustee of the University of West Los Angeles College of Law, was president of the Valley Community Legal Foundation, and was a trustee of the Los Angeles County Bar Association. He currently serves as a director of the Valley Bar Mediation Center, a charitable organization devoted to solving disputes through mediation.
Mr. Gurnick is admitted to practice in the U.S. Supreme Court, U.S. Courts of Appeals for the Federal Circuit and Ninth Circuit, and U.S. District Courts for the Central District and Eastern District of California. He is a member of the Bar in California and the District of Columbia.
He earned his Bachelor's Degree in 1981 from the University of California, Los Angeles, graduatingsumma cum laude and Phi Beta Kappa. At UCLA Mr. Gurnick was a member of the Student Council and University Policies Commission and chair of the Judicial Review Committee. He received his law degree in 1984 from the University California, Berkeley. While in law school, he served as Judicial Extern to the U.S. Ninth Circuit Court of Appeals.
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