News & Analysis as of

It’s All About Compliance

This Alert is one in an occasional series of articles providing tips about various topics which come up routinely with import and export transactions. These articles/tips are published with the intention to provide...more

The Bri-Chem Trilogy: Federal Court Affirms Tribunal

On November 16, 2015, we described important substantive and procedural issues that would be addressed by the Federal Court of Appeal (FCA) in an appeal from a decision of the Canadian International Trade Tribunal (CITT)....more

New TSCA Requirements for Chemical Importers

Companies planning to ship chemical-based products to the United States should have a basic understanding of the Toxic Substances Control Act (TSCA), the key U.S. chemicals law. That law was substantially amended in June...more

Expected Changes to Customs Regulations Will Require Increased Supply Chain Due Diligence by U.S. Importers

Anticipation among importers is growing as U.S. Customs and Border Protection (CBP) prepares to amend its regulations to implement Congress’ repeal of an 85-year-old loophole that, until the Trade Facilitation and Trade...more

2016 Chemical Data Reporting submission extended

On September 16, 2016, the US Environmental Protection Agency’s Office of Chemical Safety and Pollution Prevention extended the Chemical Data Reporting 2016 submission deadline from September 30, 2016 to October 31, 2016. ...more

EPA’s Formaldehyde Standards for Composite Wood Products Pose Challenges for Industry, Particularly Importers

Importers, retailers, and others that sell goods containing plywood or other composite wood products face significant compliance challenges from EPA’s new Formaldehyde Standards for Composite Wood Products (the Standards)....more

Customs and Border Protection publishes interim final rule establishing new procedures for antidumping and countervailing duty...

US Customs and Border Protection (CBP) has created a new framework to investigate allegations of duty evasion. Effective immediately, US companies that believe their competitors are engaged in evasion could file these...more

CBP’s Informed Compliance Letters Notify Importers That an Audit or Enforcement Action May Follow

U.S. Customs and Border Protection (CBP) recently issued letters to major U.S. importers that encourage the recipients to review their recent trade data and CBP’s Informed Compliance Publications (ICPs), and remind them of...more

EPA Publishes Final Phase 2 Rule for GHG Emissions and Fuel Efficiency Standards for Medium- and Heavy-Duty Engines and Vehicles

The U.S. Environmental Protection Agency (EPA) and the National Highway Traffic Safety Administration (NHTSA) published a joint set of greenhouse gas and fuel efficiency standards for new medium and heavy-duty vehicles and...more

CBP Releases New Regulations on Anti-Dumping and Countervailing Duty Evasion, Which Take Immediate Effect

CBP has released the highly anticipated AD/CV duty evasion regulations, which promulgate an administrative procedure for investigating AD/CV duty evasion allegations that CBP must follow. The regulations will undoubtedly...more

EPA Issues Final Rule on Formaldehyde Emission Standards for Composite Wood Products

On Wednesday, July 27, 2016, the Environmental Protection Agency (“EPA”) released a prepublication version of its final rule on Formaldehyde Emission Standards for Composite Wood Products. The authority for the rule comes...more

Chemical Industry: Significant Changes to Toxic Substances Control Act (TSCA) Require Attention

On June 22, 2016, President Barack Obama signed into law, effective immediately, the first substantive amendments to the Toxic Substances Control Act (TSCA) since it was enacted forty years ago. The new public law, known as...more

Panama Canal Update: New Locks, Bigger Ships

The hubbub surrounding the United Kingdom’s decision to leave the European Union overshadowed the opening of two new locks on the Panama Canal on June 26th. The expansion of the canal has the potential to disrupt intermodal...more

Chemicals Legislation Faces New Reforms in the UK, Europe and US post Brexit

Barack Obama signed the bipartisan Frank R. Lautenberg Chemical Safety for the 21st Century Act on 22 June of this year. This Act, which came into immediate effect, amends the core provisions of the Toxic Substances Control...more

EU Agreement on Trade Rules for Conflict Minerals

The European Union (EU) institutions have reached broad agreement on trade rules for so-called "conflict minerals". While the technical details still need to be established, we summarize the expected new EU rules below....more

Solar Installer Update: Commerce Publishes Final Results in the 2nd Administrative Review of 2012 Antidumping Duty Order Against...

Today, June 20, 2016, the U.S. Department of Commerce (through its International Trade Administration or ITA office) published a notice of Final Results in the 2nd annual Administrative Review for the 2012 antidumping duty...more

Gypsum Industry Hit with New Canadian Duty Case

On June 8, 2016 the Canada Border Services Agency (CBSA) initiated an anti-dumping investigation against gypsum board originating in or exported from the USA into Canada. The case was filed by Gypsum Canada Inc. of...more

Watch Out – CBP Is Coming After Importers for Duties and Compliance Will be Key

U.S. importers should reevaluate their compliance program as U.S. Customs and Border Protection (CBP)’s steps up its efforts to enforce payment of antidumping and countervailing duties. The efforts come at the heel of this...more

Canada Acts To Prevent Importation of Counterfeit Goods into Canada

Canada has introduced enhanced border control measures to prevent counterfeit and copyright-infringing goods from being imported into and exported from Canada. Under the previous regime, a rights-holder had to obtain a court...more

SOLAS: Saves Lives? Causes Ulcers?

On July 1, 2016, the Safety of Life at Sea (“SOLAS”) requirement for shippers to provide steamship lines with the verified gross mass (“VGM”) of each shipment takes effect internationally. While under development at the...more

Importers Into The European Union Take Note: EU Customs Code Goes Into Effect May 2016

The EU Customs Code, known as the Union Customs Code (“UCC”), applies to all goods imported to, or exported from, the EU customs territory. The UCC was adopted in 2013 and goes into effect on 1 May 2016. The UCC is intended...more

New Attention to Hoverboard Dangers

Personal injury lawyers discuss the Consumer Product Safety Commission’s (CPSC) official notice about the dangers of hoverboards. Hoverboards can pose serious injury risks to users.]...more

US CHINA TRADE WAR–Trump, Trade Policy, NME, TPP, Trade, Customs, False Claims, Products Liability, Antitrust and Securities

Dear Friends, After returning from a two week trip to China to work on the Solar Cells case, this March blog post will cover trade policy, including Trump’s impact on Trade Policy, trade, Customs, False Claims Act, the...more

CPSC Makes the Right Move: Eliminates Need to Certify Compliance with Flammability Standards for “Inherently Safe” Adult Clothing

The Consumer Product Safety Commission (CPSC) is giving some manufacturers and importers of adult clothing a break: eliminating the requirement that they issue certificates of compliance for fabrics that have already been...more

First Step to Re-engagement: Canada Rolls Back Iranian Sanctions

In an abrupt reversal of the trend of increasing sanctions against Iran, which Canada has followed since 2011, the Government of Canada announced on February 5, 2016, that it would be implementing significantly less stringent...more

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