CBP Removes ICPs on Marble and IPR Enforcement in Order to Make Update s & Revisions
U.S. Customs and Border Protection (CBP) states that it has removed from its Web site the Informed Compliance Publications (ICPs) on (1) classification of marble, and (2) enforcement of intellectual property rights (IPR).
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ICP on classification of marble removed to reflect court decisions. On March 8, 2006, CBP posted a notice to its ICP Web page indicating that the ICP titled "Classification of Marble" has been removed. CBP intends to draft a new ICP at a later date in order to reflect changes as a result of recent court decisions.
In August 2004, the Court of Appeals for the Federal Circuit (CAFC) issued a ruling in Intercontinental Marble Corporation v. U.S. affirming an earlier Court of International Trade (CIT) decision that "all stones that polish" are classifiable as marble. Both courts rejected CBP arguments that marble should be defined by its geological definition rather than its commercial meaning. (See ITT's Online Archives or 11/01/04 news, 04110125, for BP summary of the CAFC ruling. See ITT's Online Archives or 11/28/01 news, 01112825, for BP summary of CBP's outdated ICP on the classification of marble.)
ICP on IPR removed to be significantly revised. According to CBP, due to several recent changes made to its IPR border enforcement program and procedures, CBP states that it has determined to remove the ICP covering IPR from its Web page until further notice.
CBP intends to significantly revise the publication, which was last revised in August 2001, and repost it on its Web page again in the Spring of 2006. In the meantime, CBP states that updated and correct information covering many of the same topics can still be found at the IPR pages located at www.cbp.gov. (See ITT's Online Archives or 01/20/06 news, 06012015, for BP summary of an earlier CBP announcement that it intended to significantly revise the ICP on IPR enforcement.)
CBP notice on marble ICP (dated 03/08/06) available at http://www.cbp.gov/xp/cgov/toolbox/legal/informed_compliance_pubs/class_marble.xml
CBP notice on IPR ICP (dated 03/08/06) available at http://www.cbp.gov/xp/cgov/toolbox/legal/informed_compliance_pubs/customs_enforce.xml