In light of the impact of high tariffs on EV inputs under Section 301 and Section 232 measures and the uncertainty of future trade actions, qualification under the US-Mexico-Canada (USMCA) Agreement is more important than...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
Throughout 2021, the administration and Congress have made clear the support for US domestic manufacturing of the electric mobility supply chain. Their goal is to both boost economic growth and reduce US carbon emissions....more
1/13/2022
/ Automotive Industry ,
Biden Administration ,
Carbon Emissions ,
Electric Vehicles ,
Environmental Protection Agency (EPA) ,
Executive Orders ,
Infrastructure Investment and Jobs Act (IIJA) ,
Manufacturers ,
NHTSA ,
Supply Chain ,
United States-Mexico-Canada Agreement (USMCA) ,
US Trade Policies
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
Rising tensions between Washington and Beijing have had significant impacts on international trade in the form of US 301 Tariffs on a wide range of imports. In this episode, Birgit Matthiesen and Leah Scarpelli highlight what...more
In this installment of the Five Questions, Five Answers podcast, Director of North American Manufacturing Birgit Matthiesen, Partner Angela Santos, and Associate Christine Hintze discuss the impact of US Customs' crackdown on...more
In the first installment of the Five Questions, Five Answers podcast, Director of North American Manufacturing Birgit Matthiesen breaks down the First Sale Rule with Customs & Import Compliance Partner Angela Santos.
Today's...more
Changes are afoot for key industry sectors with complicated global supply chains.
“As this pandemic has made clear, we can never again be in a position where we have to rely on a foreign country that doesn’t share our...more
3/1/2021
/ APIs ,
Batteries ,
Biden Administration ,
CFIUS ,
China ,
Coronavirus/COVID-19 ,
Defense Sector ,
Energy Sector ,
Executive Orders ,
Export Controls ,
Information and Communication Technology (ICT) ,
Minerals ,
Personal Protective Equipment ,
Popular ,
Public Health ,
Risk Management ,
Semiconductors ,
Supply Chain ,
Transportation Industry
Calls for Significant Changes To Federal Domestic Preference Policy, Waivers, and Buy American Eligibility -
President Biden signed an executive order (order or EO) on January 25, 2021, to direct more spending of the...more
2/2/2021
/ Biden Administration ,
Buy American Act ,
Department of Defense (DOD) ,
Department of Transportation (DOT) ,
Electric Vehicles ,
Enforcement Actions ,
Executive Orders ,
False Claims Act (FCA) ,
Federal Acquisition Regulations (FAR) ,
Final Rules ,
Made in the USA ,
OMB ,
Trade Agreements Act ,
Waivers ,
Zero-Emission Vehicles
The growing role that international trade rules are playing has left many corporate leaders to look beyond regularly imposed tariffs.
Earlier this month, we published our “Advance Look at Hot Button Trade Issues under the...more
1/29/2021
/ Automotive Industry ,
Bureau of Industry and Security (BIS) ,
China ,
Customs and Border Protection ,
Executive Orders ,
Export Controls ,
Forced Labor ,
NAFTA ,
Regional Comprehensive Economic Partnership (RCEP) ,
Supply Chain ,
Tariffs ,
Trade Agreements ,
United States-Mexico-Canada Agreement (USMCA) ,
US Trade Policies
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
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)
This is Washington and so we start and end with US trade policy. Our team is tracking the Biden Transition, starting with the introduction of Katherine Tai, nominee for the next US Trade Representative....more
By the time you open this alert, the USMCA will have been formally and officially launched. These are still early days and there remains much to be clarified by pending rulemaking.
We know what we know and we know what we...more
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
Any importer who claims preferential tariff treatment under the Agreement for a good imported into the United States from a USMCA country must keep the following documentation for a period of no less than five years from date...more
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
Appendix I, Automotive Rules of Origin and Procedures, to the CBP Instructions provides guidance on the USMCA automotive rules of origin by incorporating the appendix to Chapter 4 of the USMCA Implementation Act (Automotive...more
For those reading the tea leaves of US trade policy, an announcement earlier this week from the US International Trade Commission was an important development. On February 25, in a final decision, the ITC struck down attempts...more
Our readers will be aware that the USMCA (CUSMA) is on track for US ratification and – by most accounts – will come into force possibly as early as mid-2020. This is not a lot of time for company executives to prepare. In...more
Soon, elected officials in Washington will be booking their return flights to the capital now that Labor Day has come and gone. After a torrid summer, the cooler autumn months ahead will be welcome news....more