It’s a Plane: Significant Modifications do not Result in Substantial Transformation
Client Alert | 1 min read | 03.13.17
On March 10, 2017, U.S. Customs and Border Protection published a final determination under the Trade Agreements Act that the country of origin of a Brazilian-manufactured military cargo airplane would remain Brazil, even after the aircraft undergoes significant conversion into a civil fire-fighting aircraft within the United States. According to CBP, the U.S.-origin changes to the aircraft—which include removing and adding various systems and components to install fire suppression capability—are not sufficient to change the aircraft’s “fundamental identity” and thus, do not constitute “substantial transformation.” The CBP emphasized that the aircraft would maintain its “most important” systems, the “basic structural integrity and the aerodynamics of the aircraft” would remain unchanged, and there was no evidence to demonstrate meaningful changes to the aircraft’s power, speed and range, or to the electronics and instruments used to fly the plane.
Contacts
Insights
Client Alert | 4 min read | 04.16.26
ROI Tracking as Mens Rea? Novartis Ruling Reframes AKS Pleading Risk
Is evidence that a company tracked return on investment (ROI) for certain actions and expenses sufficient to prove mens rea and plead a violation of the federal Anti-Kickback Statute (AKS) with the requisite particularity? A recent decision in the U.S. District Court for the Southern District of New York (SDNY) suggests that it is.
Client Alert | 4 min read | 04.15.26
Client Alert | 2 min read | 04.15.26
Who Invented That? When AI Writes the Code, Patent Validity Issues May Follow
Client Alert | 3 min read | 04.14.26

