Like many Americans, I watched the Presidential debate last night. The candidates disagreed on many things, but agreed that small business needs help and that "one size fits all" regulations can harm small business without really benefiting the public at large.
When will the State Department and US Customs and Border Protection get the message? Their "one size fits all" import restrictions on cultural goods require the same showing for licit import of a $1 million dollar vase as a $2 coin widely traded abroad. (And let's not forget CBP has gone well beyond what is allowed under law to only allow import of artifacts pictured in auction catalogues.) As I observed during oral argument before the Fourth Circuit Court of Appeals in the ACCG test case, that simply makes no sense.
Despite nods of agreement from two of the judges on the panel, the Court may indeed decide to affirm Judge Blake's decision to give State and CBP the green light to crush the small businesses of the numismatic trade with such over regulation, but the question remains does this make sense?
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