U.S. Customs and Border Protection (“CBP”) announced today that individually licensed customs brokers may begin completing continuing education courses on January 1, 2025 (89 FR 87387). Failure to comply risks suspension or...more
Service providers fulfill a range of lesser-known regulated activities to accomplish international and air cargo movements. Some of the less frequently utilized roles available under U.S. Customs and Border Protection (CBP)...more
U.S. supply chain security is increasingly under threat. The White House’s National Security Strategy describes this moment as an inflection point. Many federal agencies have taken charge in elevating the very concept of...more
10/30/2024
/ Biden Administration ,
Critical Infrastructure Sectors ,
Customs and Border Protection ,
Cyber Incident Reporting for Critical Infrastructure Act of 2022 (CIRCIA) ,
Cyber Threats ,
Cybersecurity ,
Cybersecurity Information Sharing Act (CISA) ,
Economic Sanctions ,
Export Controls ,
Infrastructure ,
National Security ,
Office of Foreign Assets Control (OFAC) ,
PHMSA ,
Security Risk Assessments ,
Supply Chain ,
Terrorist Threats ,
TSA
Duty-free imports of low-value goods under the Section 321 program will soon face significant restrictions under rulemaking signaled by the Biden Administration. ...more
9/23/2024
/ Biden Administration ,
China ,
Consumer Product Safety Commission (CPSC) ,
Customs and Border Protection ,
De Minimus Quantity Exemption ,
Duty Free ,
Executive Orders ,
Health and Safety ,
Importers ,
Imports ,
National Security ,
NPRM ,
Section 321 ,
Supply Chain ,
Textiles ,
US Trade Policies
Highly regulated operational sectors often have bountiful, and sometimes conflicting, defined terms that make all the difference in legal matters. The domestic and international transportation and logistics sector is no...more
We are seeing a steady increase in client imports being detained at port by U.S. Customs and Border Protection (CBP) on grounds of alleged forced labor in the supply chain....more
7/12/2024
/ China ,
Customs and Border Protection ,
Enforcement ,
Enforcement Priorities ,
Entity List ,
Forced Labor ,
Freight Forwarding ,
Human Rights ,
Importers ,
Imports ,
Popular ,
Supply Chain ,
Uyghur Forced Labor Prevention Act (UFLPA)
Courts have clearly established that a shipper cannot prevail in a freight claim against a carrier if an “Act of God” caused the freight loss or damage. The Act of God defense is an original, and one of the most...more
New changes went into effect on February 15, 2024, for imports of low-value items under a program that has gained great significance with the rise of cross-border e-commerce. U.S. Customs and Border Protection (CBP) published...more
New changes went into effect today for a testing program for low-value imports which have gained great significance with the rise of cross-border e-commerce. U.S. Customs and Border Protection (“CBP”) published these changes...more
In Ohio, the nation’s capital, and across the country, legislators have taken action in response to the Norfolk Southern train derailment that occurred in East Palestine, Ohio, on February 3. Here are the top three things to...more
4/3/2023
/ Biometric Information ,
Congressional Investigations & Hearings ,
Customs ,
Customs and Border Protection ,
Logistics ,
Proposed Legislation ,
Railroads ,
Railways ,
Train Accidents ,
Trains ,
Transportation Industry
Enforcement action by U.S. Customs and Border Protection (CBP) is not uncommon even for the most diligent of importers or service providers. CBP may issue a Notice of Penalty in circumstances where it believes a violation...more
U.S. Customs and Border Protection (CBP) serves both a revenue-generating function within the federal government and also a protective function to guard consumers, domestic industry, and national security. In doing so, CBP...more
The growing prevalence of supply chain sustainability and related environmental, social, and governance (ESG) principles signals a shift requiring attention. Despite some vocal holdouts across the supply chain, the speed of...more
11/15/2022
/ Climate Change ,
Connected Cars ,
Corporate Governance ,
Customs and Border Protection ,
Cybersecurity ,
Electric Vehicles ,
Environmental Social & Governance (ESG) ,
FMCSA ,
Logistics ,
Military Conflict ,
Offers in Compromise ,
Public Comment ,
Section 301 ,
Supply Chain ,
Tariffs ,
Trade Restrictions ,
Transportation Industry ,
US Trade Policies
Enforcement actions by U.S. Customs and Border Protection (CBP) are increasingly more intensive and less lenient than in the past based on our experience. It is not uncommon in today’s regulatory enforcement landscape for...more
11/15/2022
/ Anti-Dumping Duty ,
Countervailing Duties ,
Customs and Border Protection ,
Duties ,
Enforcement ,
Enforcement Actions ,
Importers ,
Imports ,
Liquidated Damages ,
Offers in Compromise ,
Tariff Act of 1930
The Enforce and Protect Act of 2015 (EAPA) and subsequent regulations promulgated by U.S. Customs and Border Protection (CBP) allow the agency to conduct intensive investigations of alleged customs evasion, including...more
The Biden Administration’s interest in reducing the occurrence of forced labor or indentured child labor in the global supply chain, and the parallel goals of corporate social responsibility, are driving increased attention...more
Private Carriage Stand-Up: Where to Begin When In-Sourcing Transportation -
An emerging trend in this era of supply chain disruption is the interest of large enterprise shippers, often in the consumer retail space, to...more
2/9/2022
/ Customs and Border Protection ,
Department of Labor (DOL) ,
Due Diligence ,
Exporters ,
Exports ,
Mexico ,
NLRB ,
Outsourcing ,
Reporting Requirements ,
Shipping ,
Supply Chain ,
Withhold Release Orders (WROs)
We previously alerted domestic importers on the option of litigating to recover List 4A duties, and that bulletin is available here. At the time one year ago domestic industry had taken note of a lawsuit before the Court of...more
Cabotage as a legal principle is neither new nor specific to the United States. It exists as a legal means to shield domestic carriers and their workforce from foreign competition....more
Manufacturers regularly ask us for guidance on the ground rules for “Made in USA” claims. The phrase has a certain cachet in today’s market, which makes the value of confirming availability for its use, and the correct manner...more
11/12/2020
/ Advertising ,
Country of Origin ,
Court of International Trade ,
Customs and Border Protection ,
Federal Trade Commission (FTC) ,
FTC Act ,
Made in the USA ,
Manufacturers ,
Product Labels ,
Supply Chain ,
Tariff Act of 1930
One effect of the COVID-19 pandemic is the renewed need for transportation providers to consider strengthening operating platforms by expanding into new markets, integrating new offerings or adjacent services, or growing the...more
11/10/2020
/ Acquisitions ,
Bureau of Industry and Security (BIS) ,
Compliance ,
Contract Terms ,
Coronavirus/COVID-19 ,
Country of Origin ,
Customs and Border Protection ,
Directorate of Defense Trade Controls (DDTC) ,
Federal Trade Commission (FTC) ,
Made in the USA ,
Mergers ,
Office of Foreign Assets Control (OFAC) ,
Self-Disclosure Requirements ,
Transportation Industry ,
Voluntary Disclosure
U.S. Customs and Border Protection (CBP) modernization has arrived with a proposed list of changes that restructure certain fundamentals of the business. CBP issued its Notice of Proposed Rulemaking on June 5, 2020....more
July 1, 2020, will mark the official start of the long-heralded United State Mexico-Canada Agreement (USMCA) as it replaces the 1994 North American Free Trade Agreement (NAFTA). The USMCA will modernize free trade between...more
Benesch advised on March 21 that U.S. Customs and Border Protection (“CBP”) was examining emergency measures to allow for the deferral of customs duty payments in response to the COVID-19 pandemic. On April 19 the White House...more
U.S. Customs and Border Protection (“CBP”) issued bulletin CSMS #42097586 on March 20, 2020, advising that payment of import duties may be deferred under certain circumstances due to the COVID-19 outbreak. Specifically,...more