The threat of a looming trade war has left United States importers scrambling for tools to help ameliorate the impact of customs duties. In many ways we are entering a higher cost operating environment. ...more
3/10/2025
/ Customs and Border Protection ,
Exports ,
Foreign Trade Zones ,
Importers ,
Imports ,
International Trade ,
Retaliatory Tariffs ,
Supply Chain ,
Tariffs ,
Trade Relations ,
Trade Wars ,
U.S. Customs ,
US Trade Policies ,
Warehouses
We are now in the era of freedom of contract in the logistics arena. While contracts provide many protections to contracting parties, they can also be used offensively, to affirmatively protect legal rights. There are many...more
11/4/2024
/ Air Cargo ,
Audits ,
Brokers ,
Department of Transportation (DOT) ,
Federal Contractors ,
Federal Maritime Commission ,
Logistics ,
National Security ,
Shipping ,
Shipping Cargo ,
Small Business ,
Supply Chain ,
Transportation Industry
The United States Supreme Court recently brought to a close 40 years of “Chevron deference” and its guidance for legal interpretation of certain federal agency decision-making authority. In two instances, the United States...more
10/30/2024
/ Administrative Agencies ,
Chevron Deference ,
Clean Air Act ,
Congressional Committees ,
Environmental Protection Agency (EPA) ,
Government Agencies ,
Logistics ,
Loper Bright Enterprises v Raimondo ,
National Marine Fisheries Service ,
SCOTUS ,
Statutory Interpretation ,
Statutory Requirements ,
Transportation Industry
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
The United States Supreme Court recently brought to a close forty years of "Chevron Deference" and its guidance for legal interpretation of specific federal agency decision-making authority....more
7/17/2024
/ Administrative Procedure Act ,
Chevron Deference ,
Chevron v NRDC ,
Government Agencies ,
Legislative Agendas ,
Logistics ,
Loper Bright Enterprises v Raimondo ,
Regulatory Authority ,
SCOTUS ,
Statutory Interpretation ,
Transportation Industry
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
We regularly receive questions about motor carrier liability under the Carmack Amendment. This standard has been ubiquitous with interstate motor carriage since its enactment in 1906. Still, misunderstandings abound and can...more
9/15/2023
/ Burden of Proof ,
Commercial Truck Drivers ,
Common Law Claims ,
Defense Strategies ,
Filing Requirements ,
Liability ,
Motor Carriers ,
Negligence ,
Risk of Loss ,
Shipping Cargo ,
Trucking Industry
Air carrier liability has been governed by international convention nearly since the inception of the technology. In 1903, the Wright Brothers infamously conducted powered flight at Kitty Hawk. In 1919, the first reported...more
9/14/2023
/ Air Carriers ,
Boycotts ,
Complaint Procedures ,
Corporate Liability ,
Defense Strategies ,
DFARS ,
Dodd-Frank ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
FMCSA ,
General Services Administration (GSA) ,
Jurisdiction ,
Mallory v Norfolk Southern Railway Co ,
Montreal Convention ,
Motor Carriers ,
Rest and Meal Break ,
Warsaw Convention
In a regulatory victory, interstate household goods movers recently saw the universe of required paperwork reduce by one key document. In 2017, the Federal Motor Carrier Safety Administration (FMCSA) convened a Federal...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