Imports

News & Analysis as of

Can Foreign Sales Infringe U.S. Patents?

It is a deceptively simple question with a not so simple answer. A purely foreign transaction is certainly beyond the reach of U.S. patent law, but what if part of the transaction occurs within the United States? For example,...more

Steelworkers Reverse Course and Withdraw Request for Import Relief on Aluminum

In an unusual change of course, the United Steelworkers Union (USW) has now withdrawn the Section 201 petition it filed just last week to request temporary relief against imports of primary unwrought aluminum. According to...more

Law à la Mode: Registrations with US Customs; Trademark harmonization across the GCC; and more

One of the frequently noted yet seldom discussed benefits of trademark and copyright registration in the United States is the ability to record those registrations with US Customs and Border Protection (CBP). Recording...more

Union Seeks Increased Duties on Imported Aluminum

On April 18, the United Steelworkers Union (USW) petitioned the U.S. International Trade Commission (ITC or Commission) for relief pursuant to Section 201 of the Trade Act of 1974, a safeguard provision of the U.S. trade...more

New ITC Petition Process to Suspend Tariffs

For decades, the Congress regularly suspended tariffs on hundreds of imported products to benefit American businesses and consumers. This legislation was referred to as the Miscellaneous Tariff Bill or MTB. In the last few...more

United Steel Workers File Petition Requesting Section 201 Investigation of Aluminum Imports

Background - On April 18, 2016, the United Steel Workers filed a petition with the U.S. International Trade Commission (ITC), requesting the initiation of an investigation under Section 201 of the Trade Act of 1974 on...more

A New Way to Reduce Your Tariffs? House Ways & Means Committee Takes a Step Forward

The House Ways & Means Trade Subcommittee held a hearing on April 14, to consider a new process for the Miscellaneous Tariff Bill (MTB), which temporarily reduces or eliminates tariffs on qualifying imported products. The...more

Trade in the balance: Europe's new Union Customs Code

The European Union — the world's largest trader of manufactured goods and services — is adopting a new framework of customs rules, the Union Customs Code (UCC). From cutting-edge California mobile devices and Chinese...more

Losing Strength: US Steel Industry Analysis

The United States steel industry faces severe headwinds as steel prices continue to fall. Even as recently imposed protectionist measures on certain imported steel products take effect, tariffs alone may be insufficient in...more

US Customs and Border Protection detention orders on products produced by forced labor in China

US Customs and Border Protection (CBP) recently issued two nationwide orders instructing US ports of entry to detain certain products produced by forced labor in the People’s Republic of China (China). The first order, issued...more

Action needed: new customs rules have potential severe impact on duties payable

As of May 1, 2016, the Union Customs Code (UCC) will come into effect and will replace the current Community Customs Code. The new UCC brings along significant changes in the customs rules which impact importers in the EU....more

The Trans-Pacific Partnership – Webinar Segment 2

Elliot J. Feldman conducted a webinar for The Knowledge Group on January 8, 2016 on the Trans-Pacific Partnership. Set out below is the essential text of Dr. Feldman’s presentation for segment 2 of that webinar. ...more

Private parties may import gasoline and diesel into Mexico starting on April 1, 2016

Mexico’s Energy Regulatory Commission (the CRE) has announced that the open season procedures to assign capacity in Pemex gasoline and diesel transportation and storage systems will begin in the next few weeks....more

Rehearing Denial Leaves ITC’s Jurisdiction Tethered to the Material World

Last week, the en banc Federal Circuit declined to rehear its November 10, 2015, decision in ClearCorrect v. ITC, 2014-1527, leaving the U.S. International Trade Commission’s (ITC) Section 337 jurisdiction to “material...more

Federal Circuit Denies Rehearing on Whether Section 337 Includes Digital Imports

The Federal Circuit debate begun in Suprema, Inc. v. International Trade Commission, 796 F.3d 1338 (Fed. Cir. 2015) (en banc), continued with the court’s denial of rehearing en banc in ClearCorrect Operating, LLC v....more

A Primer on Canadian Sanctions Legislation

Canada, like other major jurisdictions, has introduced a broad range of economic and financial sanctions targeting foreign states and their nationals, as well as various terrorist organizations. Given that Canada is in...more

Protecting Your Rights Against Unauthorized Gray Market Sales

We frequently see companies affected by gray market imports and diverted sales. The gray market is caused by opportunistic importers who purchase a company’s products abroad and import them into the U.S. without...more

U.S. Poultry, Pork, and Beef Producers to Benefit as South Africa and Peru Meet International Trade Obligations

For more than a decade, U.S. meat exports to South Africa and Peru have faced significant entry barriers. In March, these countries agreed to remove their barriers, which will lead to increased export opportunities for U.S....more

Threatened US trade action targeting global imports could significantly disrupt the US steel market

By many accounts, the US steel industry is in a significant downturn, which by some measures is nearly as bad as that suffered during the last recession. In response to this downturn, the US steel industry has filed a series...more

Update: Federal Circuit Declines to Reconsider ITC Jurisdiction over Electronic Transmissions of Digital Data

The scope of the United States International Trade Commission’s ability to prevent infringement from abroad may have just been significantly reduced. On March 31, 2016, the Federal Circuit Court of Appeals issued an order...more

Additional Steps to Ease U.S. Sanctions and Export Controls for Cuba prior to Obama Visit

In advance of President Obama’s highly publicized trip to Cuba, the Administration took additional steps to ease restrictions on trade and travel with Cuba. These changes to the Cuban Assets Control Regulations (CACR) and...more

New Antidumping Duty and Countervailing Duty Petitions on HEDP from China

On March 31, 2016, Compass Chemical International LLC (Compass) filed antidumping (AD) and countervailing duty (CVD) petitions with the U.S. Department of Commerce (DOC) and U.S. International Trade Commission (ITC),...more

Enactment of New Law Means Increased Duty Evasion Investigations by Customs

On February 24, 2016, President Obama signed the Trade Facilitation and Trade Enforcement Act of 2015 (TFTEA). One on the provisions of the TFTEA significantly enhances the U.S. government’s ability to combat duty evasion for...more

CBP Ramps Up Enforcement Efforts With “Live Entry” Requirements for Steel Imports Subject to AD/CVD Orders

Customs and Border Protection (CBP) recently initiated a new effort to enforce and deter duty evasion on imports of steel products subject to antidumping (AD) and countervailing duty (CVD) orders. The new “live entry”...more

China Continues Intensifying Supervision on Product Quality

The State Administration of Industry and Commerce (“SAIC”) has promulgated the Measures for Supervision and Administration of the Product Quality in the Circulation Sector (??????????????) (“Measures”) on March 21, 2016, and...more

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