A flurry of activity recently consumed domestic industry and law firms, including Benesch, as domestic importers sought to maximize the potential for relief from the Section 301 duties against Chinese goods, while staring...more
The potential for domestic U.S. importers to receive refunds of Section 301 duties paid on Chinese goods has captured the attention of the trade community. Sparked by a lawsuit filed last Thursday, many are hopeful for the...more
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
The international forwarding community was not immune from headlines, advisories, and rulemaking dealing with U.S. export controls and economic sanctions in 2020 despite never-ending attention due the global COVID-19...more
The household goods segment of the motor carrier industry is particularly challenging and, increasingly, a gating issue for new and innovative last mile or Do-It-Yourself service offerings. Understanding whether the statutory...more
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
There will likely be a massive amount of litigation in the Transportation & Logistics industries in the post- COVID-19 world. Some of the lawsuits will be legitimate and others will be frivolous but both come with a cost: in...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
Those regulated by the Transportation Security Administration (TSA) are familiar with a range of TSA policies that govern agency relationships during enforcement actions. For example, the Voluntary Disclosure Program Policy...more
The United States Department of Transportation (DOT) has launched a searchable online portal for all guidance documents issued by the DOT and its nine operating administrations. ...more
The long-awaited INCOTERMS 2020 are here! The International Chamber of Commerce ( ICC) released its update to the INCOTERMS in September of 2019. Now in effect, it is essential that stakeholders across all manner of supply...more
United States anti-boycott laws are an often overlooked part of export compliance. Our practice has seen the frequency of suspicious requests rise. In response, we wanted to take the time to remind our readers of the basics...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
Both the speed of business disruption and depth of uncertainty created by COVID-19 have been unparalleled in our experience. Developments over the past week alone have emerged at an exponential rate and have impacted every...more
Both the speed of business disruption and depth of uncertainty created by COVID-19 have been unparalleled in our experience. Developments over the past week alone have emerged at an exponential rate and have impacted every...more
3/20/2020
/ Boycotts ,
Coronavirus/COVID-19 ,
Department of Transportation (DOT) ,
Emergency Response ,
Misclassification ,
State of Emergency ,
Supply Chain ,
Trade Secrets ,
Transportation Industry ,
Trucking Industry ,
TSA
The Federal Motor Carrier Safety Administration (“FMCSA”) has issued an Emergency Declaration for motor carriers and drivers providing direct assistance in support of relief efforts related to the COVID-19 outbreaks. The...more
For today's global enterprises, smart management of third-party supply chain providers can help ensure efficient and error-free movement of goods. This article explores key contract strategies and operational risk mitigation...more
On December 28, 2019, the limitation of liability for cargo lost or damaged during international air transportation between countries that are signatories to the Montreal Convention (the “Convention”) will increase from 19...more
Global supply chains have faced a number of challenges in recent years that directly impact logistics related procurement. Although strong supply chain management techniques are recognized as driving bottom line performance...more
Thirty days remain to file exclusion requests for List 3 of the Section 301 tariffs on products imported from China. The official deadline for electronic submission of exclusion requests is September 30, 2019....more
8/30/2019
/ China ,
Electronic Filing ,
Exclusion List ,
Filing Deadlines ,
Imports ,
Requests for Exclusion ,
Section 301 ,
Supply Chain ,
Tariffs ,
Trump Administration ,
US Trade Policies ,
USTR
Captive insurance companies are an elusive risk management strategy that, for many, is so poorly understood it is difficult to even begin consideration. Those who happen to fall into discussions of captives often bounce...more
The transportation of hazardous materials (hazmat) is an subject that holds significant safety implications for carriers, shippers, intermediaries and the general public. Compliance programs and their requirements vary widely...more
8/30/2019
/ Criminal Prosecution ,
Department of Transportation (DOT) ,
Enforcement Actions ,
Guilty Pleas ,
Hazardous Substances ,
Oil & Gas ,
PHMSA ,
Safety Precautions ,
Supply Chain ,
Transportation Industry ,
Trucking Industry
Since then, many in the trucking industry have been considering and evaluating alternative ways to maintain a mechanism of dispute resolution through arbitration on an individual basis so as to avoid class actions, collective...more
8/29/2019
/ Arbitration ,
Class Action ,
Collective Actions ,
Commercial Truck Drivers ,
Employer Liability Issues ,
Federal Arbitration Act ,
Independent Contractors ,
New Prime v Oliveira ,
Transportation Industry ,
Trucking Industry ,
Wage and Hour
Employers around the country have a bumpy road to follow as they navigate the ever-changing marijuana laws and regulations. Pre-employment and post accident drug testing have been challenged in courts in almost every state...more