Welcome to the September 2024 issue of “As the (Customs and Trade) World Turns,” our monthly newsletter where we compile essential updates from the customs and trade world over the past month. We bring you the most recent and...more
9/17/2024
/ Aluminum Sales ,
Anti-Subsidies ,
Canada ,
Child Labor ,
China ,
Countervailing Duties ,
Customs and Border Protection ,
Department of Labor (DOL) ,
ECCNs ,
Electric Vehicles ,
Enforcement ,
Export Controls ,
False Claims Act (FCA) ,
Forced Labor ,
Fraud ,
Imports ,
ITAR ,
Manufacturers ,
Popular ,
Risk Mitigation ,
Section 301 ,
Solar Panels ,
Steel Industry ,
Surtax ,
Tariffs ,
United States-Mexico-Canada Agreement (USMCA) ,
US Trade Policies ,
USTR ,
Uyghur Forced Labor Prevention Act (UFLPA) ,
Whistleblowers
Following last week’s long-awaited report on the statutory four-year review of the Section 301 tariffs, the Office of the United States Trade Representative (USTR) issued a Federal Register notice on the proposed...more
5/24/2024
/ China ,
Clean Energy ,
Electric Vehicles ,
Exclusions ,
Imports ,
Section 301 ,
Semiconductors ,
Solar Energy ,
Tariffs ,
US Trade Policies ,
USTR
Trade tensions between Washington and US trading partners, notably China, have complicated many supply chain decisions — what to buy, from where, made by whom, and at what tariff cost.
Recent statements from senior Biden...more
3/19/2024
/ Automotive Industry ,
Biden Administration ,
China ,
Customs and Border Protection ,
Geopolitical Risks ,
Imports ,
Manufacturers ,
Supply Chain ,
Tariffs ,
Trucking Industry ,
United States-Mexico-Canada Agreement (USMCA) ,
US Trade Policies
The Electric Mobility industry is on track for another exciting year. However, current and forthcoming US agency regulations continue to inject confusion and costs in critical supply decisions, for which legal tools can...more
1/11/2024
/ Automotive Industry ,
China ,
Customs and Border Protection ,
Duties ,
Electric Vehicles ,
Free Trade Agreements ,
Inflation Reduction Act (IRA) ,
International Energy Agency (IEA) ,
Regulatory Agenda ,
Supply Chain ,
Tariffs ,
United States-Mexico-Canada Agreement (USMCA) ,
US Trade Policies
Application of US trade laws rely on the proper classification of the imported product. It triggers tariff preference benefits when properly applied, and enforcement scrutiny when not....more
Since 2018, the Section 301 “China” tariffs of between 7.5% and 25% have been levied against critical components of the electric vehicle (EV) supply chain sourced from China.
In May 2022, the US Trade Representative (USTR)...more
If a picture is worth a thousand words, the “photo-op” of the president test driving Ford’s new electric F-150 in May of 2021 was the burning image that foretold the US policy direction for the electric mobility...more
1/26/2023
/ Automotive Industry ,
Customs and Border Protection ,
Electric Vehicles ,
Enforcement ,
Imports ,
Inflation Reduction Act (IRA) ,
Infrastructure Investment and Jobs Act (IIJA) ,
Manufacturers ,
Supply Chain ,
Tariffs ,
United States-Mexico-Canada Agreement (USMCA)
On January 11, 2023, a dispute settlement panel organized under the United States – Mexico – Canada Agreement (USMCA) released its Final Report in regard to a complaint lodged by Mexico and supported by Canada that the US was...more
Passed in August of this year, the Inflation Reduction Act (IRA) was heralded by many as a landmark piece of climate legislation in the United States. The IRA’s tax credits for electric vehicles were among its most...more
10/14/2022
/ Batteries ,
China ,
Climate Change ,
Electric Vehicles ,
Free Trade Agreements ,
Inflation Reduction Act (IRA) ,
Internal Revenue Code (IRC) ,
IRS ,
Manufacturers ,
MSRP ,
Tariffs ,
Tax Credits ,
Trade Relations ,
United States-Mexico-Canada Agreement (USMCA) ,
WTO
The US Trade Representative (USTR) has issued a Federal Register notice to initiate the first step of a statutory review process to determine whether China tariffs issued pursuant to Section 301 of the Trade Act of 1974...more
The components and products that are used in the assembly of EVs are critical to the deployment and functionality of EVs and their global supply chain. In particular, the proper Harmonized Tariff Schedule of the United States...more
Rare-earth magnets (i.e., neodymium-iron-boron permanent magnets), widely considered the most efficient way to power EVs, are the latest commodity to be potentially subject to Section 232 tariffs, which have previously been...more
Through Section 301, "China Tariffs," the United States Trade Representative (USTR) imposes additional ad valorem tariffs rates between 7.5% and 25% on the majority of Chinese-origin products, including lithium-ion batteries,...more
Around the globe, automakers, parts suppliers, and related industries are making long-term investments in electric vehicles (EV), EV batteries, charging stations, and associated technologies. To remain competitive in this...more
On October 5, 2021, the United States Trade Representative (USTR) announced the Biden Administration’s highly-anticipated China trade policy, including a comment request process that will be used to determine whether Section...more
Looking towards 2021 and a new Administration, Arent Fox's International Trade & Investment group has prepared a series of primers on six key areas that can impact your business: The Biden Transition, Special Tariffs,...more
Our final section returns to trade policy with three narrower but equally important articles – the first in regard to US renewal of GSP benefits and the tension between the Biden administration's promise to protect US workers...more
1/5/2021
/ Carbon Emissions ,
Duty Free ,
EU ,
Georgia ,
India ,
Indonesia ,
International Trade Commission (ITC) ,
Laos ,
Tariffs ,
Thailand ,
Trade Policy ,
USTR ,
Uzbekistan ,
Zimbabwe
US tariffs are applied at the time of import and so the elevated role played by US Customs and Border Protection should not be underestimated. While the Customs section begins with the analysis “The Wait Is Over: USMCA Border...more
1/5/2021
/ Audits ,
Automotive Industry ,
C-TPAT ,
Certifications ,
China ,
Corporate Counsel ,
Customs and Border Protection ,
Enforcement Actions ,
EU ,
Federal Maritime Commission ,
Forced Labor ,
Free Trade Agreements ,
NAFTA ,
Tariffs ,
UK ,
United States-Mexico-Canada Agreement (USMCA) ,
Withhold Release Orders (WROs)
The USMCA permits CBP to verify whether a good entered with a claim for preferential tariff treatment qualifies as originating by: (1) Written request or questionnaire to the importer, exporter, or producer of the good...more
4/24/2020
/ Cross-Border Transactions ,
Customs and Border Protection ,
Exports ,
Free Trade Agreements ,
Imports ,
Mexico ,
NAFTA ,
Tariffs ,
Trade Preferences Rules ,
Trade Relations ,
Trump Administration ,
United States-Mexico-Canada Agreement (USMCA) ,
US Trade Policies
In an April 20, 2020 message to the trade community, US Customs and Border Protection (CBP) released the long-awaited United States–Mexico–Canada Agreement (USMCA) Interim Implementing Instructions (CBP Instructions). This...more
The USMCA textile and apparel rules of origin are generally based on the “yarn forward” rule, which requires the formation of the yarn (spinning or extruding) and all processes following yarn formation to occur in the USMCA...more
4/24/2020
/ Cross-Border Transactions ,
Exports ,
Free Trade Agreements ,
Imports ,
Mexico ,
NAFTA ,
Origin ,
Tariffs ,
Textiles ,
Trade Relations ,
Trump Administration ,
United States-Mexico-Canada Agreement (USMCA) ,
US Trade Policies
The USMCA does not require the use of CBP Form 434, as there is no prescribed format for certificate of origins under the USMCA. These certifications are to be completed by the exporter, producer, or importer certifying that...more
4/24/2020
/ Certification Requirements ,
Cross-Border Transactions ,
Exports ,
Foreign Relations ,
Free Trade Agreements ,
Imports ,
Mexico ,
NAFTA ,
Tariffs ,
Trade Relations ,
Trump Administration ,
United States-Mexico-Canada Agreement (USMCA) ,
US Trade Policies