Country of Origin

News & Analysis as of

Trade & Manufacturing - January 2016

Important Decisions Reached in Nairobi at the WTO’s 10th Ministerial Conference - On December 19, the World Trade Organization (WTO) concluded its 10th Ministerial Conference in Nairobi, Kenya. The Ministerial...more

Trade & Manufacturing - News of Note - January 2016

United States Repeals Country of Origin Labeling Legislation, Avoiding Retaliation - On December 18, President Obama signed a bill that repealed legislation requiring country of origin labeling (COOL) on beef and pork...more

Contractor to Pay $3 Million for Alleged Use of Noncompliant Materials

The recent case highlights the importance of complying with domestic preference requirements in government contracts. The US Department of Justice (DOJ) recently announced that Novum Structures LLC (Novum) will pay $3...more

Important Decisions Reached in Nairobi at the WTO’s 10th Ministerial Conference

On December 19, the World Trade Organization (WTO) concluded its 10th Ministerial Conference in Nairobi, Kenya. The Ministerial Conference, which typically is held every two years, is a meeting of the decision-making body of...more

Negotiators Reach Deals on Government Funding, Tax Extenders Legislation

After several long weeks of negotiations on end-of-year obligations, congressional negotiators reached agreements on both a government funding bill that pays for the federal government through the remainder of FY16 as well as...more

WTO COOL Decision puts Congress on the Clock

The World Trade Organization (WTO) issued an arbitration decision in the longstanding Country-of-Origin Labelling (COOL) dispute between Canada, Mexico, and the United States on December 7. The arbitrator determined that...more

The Trans Pacific Partnership and the Auto Industry: Will Six Thousand Pages Pave the Way for Increased Exports?

The Open Road: Approaching the TPPan - Summarizing the behemoth 12-nation TPP agreement in a few-hundred word blog is a task beyond the reach of a practicing attorney . . . assuming he wants to continue practicing. In...more

Retail and Consumer Products Law Roundup - November 2015

We are pleased to share with you the first issue of Manatt's Retail and Consumer Products Law Roundup. The newsletter will be published on a monthly basis and will survey topics of critical importance to the retail,...more

Made in the USA? Or not?

When can a company tout its products as "Made in the USA"? Different (sometimes conflicting) standards under federal and state law can make it difficult for shoppers to know what they’re buying and manufacturers and retailers...more

Trans-Pacific Partnership Has Challenges, Opportunities for U.S. Companies

The U.S. and its 11 negotiating partners – Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore and Vietnam – reached preliminary agreement on October 5, 2015, on the Trans-Pacific...more

The European digital single market: where are we now?

It has been a busy few months for the European Commission. When the Commission announced its plans for the digital single market (DSM) on 6 May, many commentators and stakeholders felt that it provided more questions than...more

US China Trade War

The October blog post will be broken up into two parts. This October 15th post will comment on the TPP Agreement signed today and well as President Xi Jinping’s recent trip to the US and my impressions from Beijing, China...more

Trade & Manufacturing - October 2015

Ending the Crude Oil Export Ban - On September 17, the House Energy and Commerce Committee passed a bill to end the 40-year-old ban on the export of domestic crude oil. The Committee vote was passed by a Republican...more

TPP accord faces uncertain future in Congress

It was reported Monday that in a marathon 100-hour negotiating session the 12-nation Trans-Pacific Partnership (TPP) reached agreement on the TPP trade pact. The TPP was negotiated in secret, i.e., only the diplomatic...more

Trans-Pacific Partnership May Have Far-Reaching Consequences for U.S. Industry

This week, the 12 Trans-Pacific Partnership (TPP) member countries decided the final terms of what they report is a far-reaching agreement (Agreement or TPP Agreement). The 12 TPP countries are Australia, Brunei Darussalam,...more

Trade & Manufacturing - News of Note - October 2015

President Xi's State Visit Brings Announcements on Cybersecurity and Climate Change - In late September, Chinese President Xi Jinping made his first state visit to the United States. Cybersecurity and climate change...more

SEC and Amnesty International Seek En Banc Rehearing of Decision in Ongoing Conflict Minerals Court Battle

On Friday, the SEC and Amnesty International each filed petitions seeking a rehearing en banc of the August 2015 panel opinion of the U.S. Court of Appeals for the District of Columbia Circuit regarding the conflict minerals...more

WCRR: EU Audiovisual Media Services Directive Open for Debate

The European Commission launched July 6 a public consultation on the Audiovisual Media Services Directive 2010/13/EU ("AVMSD"), entitled "A media framework for the 21st century," paving the way towards a single European...more

California Relaxes Its “Made in the U.S.A.” Law

To the consternation of many, California law has long imposed a “Made in the U.S.A.” standard that has been more stringent than the federal standard, requiring manufacturers of all types who wanted to make a country of origin...more

California Steps Back from Strict “Made in USA” Label Requirements

An audible sigh of relief from domestic manufacturers everywhere greeted California’s recent enactment of a law loosening its restrictive “Made in USA” label requirements. In fact, California’s new law may provide a degree of...more

"Conflict Minerals Disclosure Requirement Confirmed Unconstitutional"

On August 18, 2015, the U.S. Court of Appeals for the District of Columbia Circuit, in a 2-1 decision (opinion available here), confirmed its earlier decision in April 2014 by ruling that the U.S. Securities and Exchange...more

D.C. Circuit Reaffirms Previous Conflict Minerals Decision: Disclosure Requirement Violates First Amendment

In a 2-1 decision, a three-judge panel from the U.S. Court of Appeals for the D.C. Circuit reaffirmed its previous decision striking down a narrow portion of the U.S. Securities and Exchange Commission’s (“SEC”) conflict...more

D.C. Circuit Reaffirms That Portions of Dodd-Frank Conflict Minerals Rules Violate First Amendment

On August 18, 2015, the United States Court of Appeals for the District of Columbia Circuit reaffirmed its ruling in National Association of Manufacturers v. Securities and Exchange Commission that portions of the SEC’s...more

Trade & Manufacturing - August 2015

Services Take Center Stage in TiSA; Goods Sector Should Applaud - With Congress preoccupied with the debate over whether to renew Trade Promotion Authority (TPA) (so-called "fast track" authority) and the merits of the...more

Court Strikes Down Commerce's Methodology for Determining Country of Origin After Third-Country Finishing Operations

In a July 2015 decision, the Court of International Trade rejected the Department of Commerce's determination of country of origin in a high-profile scope proceeding involving unfinished Oil Country Tubular Goods (OCTG)...more

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