Country of Origin

News & Analysis as of

EU Customs Developments - August - October 2016

EU Customs Policy - Council Conclusions on the Union Customs Code - The EU Council has adopted and published Conclusions on follow-up of the Union Customs Code (UCC). These Conclusions recognise the entry into force...more

U.S. Senators Respond to News of Canadian Dairy Industry Changes

In August, we wrote about a tentative, new deal between Canadian dairy farmers and processors that will allow Canadian processors to buy domestic milk ingredients at world market prices. We noted that the changes contemplated...more

Third Time’s the Charm? Court Rejects Parties’ Second Settlement Agreement for Failure to Provide Sufficient Value to Class...

District Court Judge Gonzalo Curiel recently considered and rejected—for the second time—a proposed class action settlement involving false advertising claims against a defendant jeans manufacturer. Hofmann v. Dutch, LLC,...more

Blog: GAO Issues Second Annual Conflict Minerals Report

The GAO has issued its annual conflict minerals report to Congress, entitled “Companies Face Continuing Challenges in Determining Whether Their Conflict Minerals Benefit Armed Groups.” The GAO is required to report annually...more

New GAO Report Highlights Challenges in Complying with Conflicts Minerals Rule

Seyfarth Synopsis: Companies are experiencing difficulties in complying with their disclosure responsibilities under the SEC’s conflict mineral requirements. The Government Accountability Office (GAO) recently released a...more

GAO Says Companies Face Continuing Challenges in Determining Whether Their Conflict Minerals Benefit Armed Groups

GAO noted in a recent report that as a result of country-of-origin inquiries, an estimated 19 percent more companies that filed Form SD with the SEC reported that they knew or had reason to believe they knew the source of the...more

ITC Section 337 Update – August 2016

DeLorme Seeks Certiorari Review Of Consent Order Penalty Based On Expired Patent — On July 13, 2016, DBN Holding, Inc. and BDN LLC (“DeLorme”) filed a petition for writ of certiorari to review a judgment of the United States...more

European Parliament Calls for Extended Application of Country of Origin Labeling in the EU Just When the WTO Dispute on the United...

On May 12, 2016, the European Parliament renewed its call for mandatory country-of-origin labeling (“COOL”) for meat and dairy products not currently subject to such marking rules. The reasoning behind requiring additional...more

When Do "Made in USA" Claims Spark the FTC's Attention?

The Federal Trade Commission (FTC) is tasked with preventing deception and unfairness in the marketplace, including with respect to advertising. One type of deception that the FTC targets involves false claims in advertising...more

Anti-Competitive Conduct Claims In ITC Section 337 Cases

Last week in Investigation No. 337-TA-1002 (certain carbon and alloy steel products); the U.S. International Trade Commission instituted an investigation of imported steel products from China. The investigation will include...more

GSA Issues Notice Concerning Trade Agreements Act and “Made in America” Compliance

On May 5, 2016—without advance warning—thousands of U.S. General Services Administration (GSA) Multiple Award Schedule (MAS) contract holders received a notice requiring them to verify—within one week—the country of origin...more

"MADE IN AMERICA" : GSA Stepping Up Trade Agreements Act Compliance Enforcement

Government Contractors should be aware that the General Services Administration ("GSA") is taking a more aggressive approach to policing Contractor compliance with the Trade Agreements Act ("TAA") among GSA Schedule contract...more

Veterans Affairs to Permit Acquisition of Non-TAA-Compliant Drugs

In a significant policy reversal, the Department of Veterans Affairs (VA) has announced that it will require all covered drugs under the Veterans Health Care Act (VHCA) to be offered on Federal Supply Schedule (FSS)...more

Copyright and Trademark Case Review: FLANAX, Fishing Tackle, Football Players and More

Summaries of Recent Precedential and Informative Appellate Opinions - Trademark Opinions - Owners of Foreign Marks May Sue Under Lanham Act Without Using Marks in the US: Belmora LLC v. Bayer Consumer Care AG,...more

After WTO Battle, USDA Issues Final Rule Lifting Pork and Beef COOL Requirements

Today, following a protracted legal battle at the WTO, USDA issued a final rule removing mandatory Country of Origin Labeling (COOL) requirements for muscle cut and ground beef and pork. Beginning in 2008, Canada and...more

EU Customs Developments - January 2016

EU Customs Policy - Union Customs Code Developments - In January 2016, the draft Transitional Delegated Act (TDA) for the Union Customs Code (UCC) was discussed at committee/working party level in the European...more

Glue Company in Sticky Situation with FTC over “Made in the USA” Advertising Claims—Who Will Get Stuck Next?

In a recent post, we discussed the potential perils and pitfalls of advertising consumer products as “Made in the USA.” As we noted there, different federal and state regulatory regimes do not necessarily follow the same...more

EU Customs Developments: December 2015

EU Customs Policy - Union Customs Code Developments – Key Provisions Published - On 29 December 2015, the Implementing and Delegated Acts for the Union Customs Code (UCC) were published in the EU’s Official Journal...more

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

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