As previously reported, on July 14, 2020, the President signed Executive Order 13936 on Hong Kong Normalization. As a result, CBP has issued a new marking requirement for goods that are produced in Hong Kong which enter...more
Under the TFTEA, CBP has taken an increasingly enforcement-minded posture to prevent and penalize the importation of goods produced using forced labor into the United States.
On August 13, 2020, CBP announced that it had...more
8/20/2020
/ China ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Customs and Border Protection ,
Department of Homeland Security (DHS) ,
Forced Labor ,
Importers ,
New Guidance ,
Risk Assessment ,
Risk Mitigation ,
Supply Chain ,
Trade Facilitation and Trade Enforcement Act ,
Withhold Release Orders (WROs)
As discussed previously, President Trump issued an Executive Order on July 14, 2020, concerning certain import and export trade requirements between the US and China.
Goods produced in Hong Kong will be required to be...more
Because of the time needed to mark, pack, and ship goods from Hong Kong to the US, it is imperative that importers act quickly to ensure compliance with this new requirement.
As reported previously and as a result of the...more
8/12/2020
/ Ad Valorem Tax ,
China ,
Compliance ,
Customs and Border Protection ,
Executive Orders ,
Exports ,
Federal Register ,
Goods or Services ,
Hong Kong ,
Importers ,
Imports ,
Tariff Act of 1930
On July 16, 2020, the Federal Trade Commission (FTC) published a proposed rule for “Made in the USA” (MUSA) claims for labels in the United States.
The proposed rule would codify the FTC’s current standard that unqualified...more
In view of the recent action taken by President Trump in an Executive Order regarding Hong Kong’s status, US importers should prepare for increased risk exposure in US-Hong Kong trade.
Although Hong Kong technically...more
Certain products from France, including leather handbags, and certain beauty preparations and soaps, will soon become pricier.
Following a disagreement over how to tax US tech companies in France, the US Trade...more
The USMCA permits CBP to verify whether a good entered with a claim for preferential tariff treatment qualifies as originating by: (1) Written request or questionnaire to the importer, exporter, or producer of the good...more
4/24/2020
/ Cross-Border Transactions ,
Customs and Border Protection ,
Exports ,
Free Trade Agreements ,
Imports ,
Mexico ,
NAFTA ,
Tariffs ,
Trade Preferences Rules ,
Trade Relations ,
Trump Administration ,
United States-Mexico-Canada Agreement (USMCA) ,
US Trade Policies
In an April 20, 2020 message to the trade community, US Customs and Border Protection (CBP) released the long-awaited United States–Mexico–Canada Agreement (USMCA) Interim Implementing Instructions (CBP Instructions). This...more
The USMCA textile and apparel rules of origin are generally based on the “yarn forward” rule, which requires the formation of the yarn (spinning or extruding) and all processes following yarn formation to occur in the USMCA...more
4/24/2020
/ Cross-Border Transactions ,
Exports ,
Free Trade Agreements ,
Imports ,
Mexico ,
NAFTA ,
Origin ,
Tariffs ,
Textiles ,
Trade Relations ,
Trump Administration ,
United States-Mexico-Canada Agreement (USMCA) ,
US Trade Policies
Any importer who claims preferential tariff treatment under the Agreement for a good imported into the United States from a USMCA country must keep the following documentation for a period of no less than five years from date...more
The USMCA does not require the use of CBP Form 434, as there is no prescribed format for certificate of origins under the USMCA. These certifications are to be completed by the exporter, producer, or importer certifying that...more
4/24/2020
/ Certification Requirements ,
Cross-Border Transactions ,
Exports ,
Foreign Relations ,
Free Trade Agreements ,
Imports ,
Mexico ,
NAFTA ,
Tariffs ,
Trade Relations ,
Trump Administration ,
United States-Mexico-Canada Agreement (USMCA) ,
US Trade Policies
Appendix I, Automotive Rules of Origin and Procedures, to the CBP Instructions provides guidance on the USMCA automotive rules of origin by incorporating the appendix to Chapter 4 of the USMCA Implementation Act (Automotive...more
Effective yesterday, the US government is making available a temporary 90-day postponement of certain import payment deadlines for companies and individuals experiencing “significant financial hardship” due to the economic...more
The Federal Emergency Management Agency has left many important questions blowing in the wind as a result of a Notification of Exemptions action published for public inspection on Friday, April 17, 2020. The final action will...more
After initially accepting requests from importers in light of the novel coronavirus (COVID–19) pandemic to defer payment of duties—a means of relief that the Trump Administration had reportedly been considering—US Customs and...more
On Wednesday, March 25, 2020, the U.S. Trade Representative (USTR) published a Federal Register notice requesting comments on the removal of Section 301 tariffs from Chinese medical-care products—including those that have...more
The coronavirus (COVID-19) is affecting all elements of society – with changes coming every day. These changes include the import, trade and transportation sectors. We will keep you updated on these changes as they occur....more
The Department of Homeland Security (DHS) recently released a Department-wide strategy to combat human trafficking, child exploitation and forced labor in the supply chain.
The strategy will build on current efforts on...more
Last week, the Trump Administration announced a plan to crack down on the sales of contraband and counterfeit goods online. The steps will affect a number of parties in the supply chain from importers and sellers to customs...more
2/6/2020
/ Best Practices ,
Corporate Counsel ,
Counterfeit Goods Regulation ,
Counterfeiting ,
Customs and Border Protection ,
Department of Homeland Security (DHS) ,
E-Commerce ,
Executive Orders ,
Imports ,
Intellectual Property Protection ,
Pirating ,
Section 321 ,
Supply Chain ,
Trump Administration
On January 15, 2020, President Trump and Chinese Vice Premier Liu Hu signed the long-awaited US-China Trade Agreement after nearly two years of a trade war that has resulted in crippling tariffs on almost $500 billion worth...more
1/24/2020
/ China ,
Customs and Border Protection ,
Exports ,
Imports ,
Section 301 ,
Supply Chain ,
Tariffs ,
Trade Agreements ,
Trade Relations ,
Trade Wars ,
Trump Administration ,
US Trade Policies
Parties seeking changes to the proposed list of tariff subheadings or to lower duties should take advantage of this comment period.
Why is USTR proposing additional duties on French imports?
Under Section 301, USTR can...more
12/5/2019
/ China ,
Comment Period ,
Digital Services Tax ,
Exclusions ,
France ,
Globally Harmonized System ,
International Tax Issues ,
Retaliatory Tariffs ,
Section 301 ,
Tariffs ,
Trade Wars ,
Trump Administration ,
USTR
As part of the Trump Administration’s longstanding “trade war” with China over Chinese government trade practices related to technology transfer, intellectual property, and innovation that the Administration has determined to...more
On October 11, 2019, the US International Trade Commission (ITC) began accepting petitions as part of the 2019 Miscellaneous Tariff Bill (MTB) process. Under this process, a member of the public may request that Congress...more
List 4A goes into effect, all Section 301 tariffs to increase by 5 percent, USTR deadlines loom, and the President orders American companies to “search for alternatives” to China sourcing. This is your end-of-summer Section...more
9/6/2019
/ China ,
Exclusions ,
Imports ,
Public Comment ,
Retaliatory Tariffs ,
Section 301 ,
Tariffs ,
Trade Relations ,
Trump Administration ,
US Trade Policies ,
USTR