A recent (February 9, 2023) US Court of International Trade ("CIT") remand opinion, Meyer Corp., US v. United States, has revived various global supply-chain apprehensions that a previous (August 11, 2022) reversal by the US...more
The United States has added yet another customs tool in its ongoing work against forced labor in supply chains. Following on the heels of the Uyghur Forced Labor Prevention Act ("UFLPA") and an uptick in Withhold Release...more
The rebuttable presumption of the Uyghur Forced Labor Prevention Act ("UFLPA") took effect on June 21, 2022. As a reminder, under this presumption for purposes of Section 307 of the Tariff Act of 1930, goods produced in the...more
10/4/2022
/ China ,
Compliance ,
Contract Terms ,
Customs and Border Protection ,
Department of Homeland Security (DHS) ,
Enforcement ,
Forced Labor ,
Human Rights ,
Importers ,
Imports ,
Supply Chain ,
Tariff Act of 1930 ,
Uyghur Forced Labor Prevention Act (UFLPA)
A recent (August 11, 2022) US Court of Appeals for the Federal Circuit ("CAFC") opinion, Meyer Corp., US v. United States,1 has relieved many concerns that a previous decision by the US Court of International Trade ("CIT")...more
On June 21, 2022, US Customs and Border Protection ("CBP") began to enforce the Uyghur Forced Labor Prevention Act ("UFLPA"), which prohibits the importation of goods produced wholly or in part in the Xinjiang Uyghur...more
On May 3, 2022, the Office of the US Trade Representative (USTR) published a Federal Register notice commencing its quadrennial review of the tariffs imposed on China-origin goods pursuant to Section 301 of the Trade Act of...more
Co-authored by the Global Sanctions Team On April 7, 2022, the US Congress approved two bills aimed at curtailing trade with Russia and Belarus in response to the situation in Ukraine: President Biden signed both bills into...more
On September 20, 2021, the US Department of Commerce (DOC) published a Final Rule that significantly modifies existing regulations and creates new ones governing antidumping (AD) and countervailing duty (CVD) procedures, with...more
A recent (March 1, 2021) Court of International Trade ("CIT") opinion, Meyer Corp. v. United States,1has potentially wide-ranging implications for global supply chains, because it calls into question use of the "first sale"...more
Exporters and US importers of goods claiming Vietnamese origin face increasing risk. President Trump recently indicated his administration will pay close attention to goods exported from Vietnam, including those suspected of...more
1/29/2020
/ Anti-Dumping Duty ,
Association of Southeast Asian Nations (ASEAN) ,
China ,
Component Parts Doctrine ,
Countervailing Duties ,
Country of Origin ,
Customs and Border Protection ,
Enforcement Actions ,
Exporters ,
Exports ,
Fair Trade Agreements (FTA) ,
Importers ,
Imports ,
Penalties ,
Risk Assessment ,
Risk Mitigation ,
State-Owned Enterprises ,
Tariffs ,
Trade Wars ,
Trans-Pacific Partnership ,
Trump Administration ,
U.S. Commerce Department ,
United States ,
Vietnam
The US' ongoing trade wars—with various trading partners and particularly with China—are everywhere in the news. Putting politics and policy aside, the "trade wars" reflect a basic disagreement over the rules that should...more
10/24/2019
/ Actual or Constructive Knowledge ,
Affirmative Defenses ,
Anti-Dumping Duty ,
Civil Liability ,
Civil Monetary Penalty ,
Compliance ,
Countervailing Duties ,
Country of Origin ,
Criminal Conspiracy ,
Criminal Prosecution ,
Customs and Border Protection ,
Damages ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Failure to Report ,
False Claims Act (FCA) ,
False Statements ,
Federal Pleading Requirements ,
Foreign-Made Goods ,
Fraudulent Wire Transfers ,
FRCP 9(b) ,
Government Knowledge Defense ,
Imports ,
Litigation Fees & Costs ,
Money Laundering ,
Public Disclosure ,
Purchasers ,
Reverse False Claims ,
Risk Assessment ,
Risk Mitigation ,
Self-Disclosure Requirements ,
Smuggling ,
Tariff Classifications ,
Trade Wars ,
Trump Administration ,
US Enforce and Protect Act (EAPA) ,
Whistleblowers ,
White Collar Crimes
A Taiwanese-owned, Vanuatu-flagged fishing vessel is the first known enforcement target of its kind by US Customs and Border Protection ("CBP") in its efforts to halt the importation of goods produced with forced labor....more
4/11/2019
/ Customs and Border Protection ,
Enforcement Actions ,
Forced Labor ,
Human Trafficking ,
Imports ,
Prohibited Transactions ,
Restricted Goods ,
Supply Chain ,
Taiwan ,
Tariff Act of 1930 ,
Trade Facilitation and Trade Enforcement Act ,
Vessels ,
Withhold Release Orders (WROs)