The Biden Administration’s Executive Order 14017 titled “America’s Supply Chains” seeks to address supply chain disruption by strengthening domestic production in a multi-agency effort. As part of that effort, the Census...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)
The Office of the United States Trade Representative (USTR) is considering public comment regarding the possible reinstatement of Section 301 tariff exclusions on goods imported from China...more
Supply chain disruption is a global pandemic era challenge that will continue to grow in impact for the near-term future. The scope of supply chain challenges extends from low supply and lack of transportation capacity to the...more
One of the most important stories in the transportation space over the last few years has been the explosive growth of last mile residential delivery. The global pandemic has only further fueled demand for this localized and...more
8/18/2021
/ Actual Delivery ,
Commerce Clause ,
Commercial Truck Drivers ,
Compliance ,
Department of Transportation (DOT) ,
Exclusive Jurisdiction ,
Federal Maritime Commission ,
FMCSA ,
Jurisdiction ,
Surface Transportation Board ,
Trucking Industry ,
TSA
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
It is no surprise that technology is driving change in the motor carrier industry. In fact, we are observing a perfect trifecta of challenges as technology and carrier business converge. ...more
8/17/2021
/ California Consumer Privacy Act (CCPA) ,
Data Collection ,
Data Privacy ,
Data Protection ,
Electronic Communications ,
Independent Contractors ,
Information Technology ,
Mobile Apps ,
Motor Carriers ,
Personal Information ,
Supply Chain ,
Technology ,
Trucking Industry
Supply chain management of the near future will be nimble and effective, but above all else, it will be pragmatic. The Covid-19 pandemic unleashed upon the world a master class in global supply chain management. Professionals...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
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
On October 17, 2020, the Export Control Law of the People’s Republic of China (“EC Law”) was finally promulgated after three rounds of deliberation by the 13th National People’s Congress. The new EC Law will take effect on...more
Clients with even the strongest internal compliance policies, operating procedures, and leadership find themselves from time to time confronting potential exposure for civil liability due to regulatory violations. No one...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
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