Review Your Supply Chain and Establish Compliance Plans Because Forced Labor Laws are Here to Stay -
If passed, these bills will grant US Customs and Border Protection authority for a region-wide WRO enabling the agency...more
3/5/2021
/ China ,
Customs and Border Protection ,
Department of Homeland Security (DHS) ,
Economic Sanctions ,
Enforcement Actions ,
Forced Labor ,
Global Magnitsky Act ,
Imports ,
International Emergency Economic Powers Act (IEEPA) ,
Proposed Legislation ,
Securities and Exchange Commission (SEC) ,
Supply Chain ,
Tariff Act of 1930 ,
Withhold Release Orders (WROs)
Companies in the fashion, luxury, and agricultural spaces should take action in response to the forced labor supply chain due diligence requirements Customs recently announced in connection with withhold release orders (WRO)...more
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
Just two weeks into CY 2021, US Customs and Border Protection (CBP) is expanding its enforcement efforts against forced labor in China.
This follows months of increasing pressure from labor and human rights groups and...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 Department of Homeland Security (DHS) blocked imports of cotton products from a major Chinese state-owned firm in the Xinjiang Uighur Autonomous Region (XUAR) on December 2, saying the company uses forced labor of ethnic...more
The US Government has taken action recently to step up enforcement against forced labor.
As particular regions come under increased media scrutiny, the issue has renewed interest in Congress, which is considering several...more
10/26/2020
/ Child Labor ,
China ,
Customs and Border Protection ,
Department of Homeland Security (DHS) ,
Economic Sanctions ,
Forced Labor ,
International Emergency Economic Powers Act (IEEPA) ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act ,
Supply Chain ,
Tariff Act of 1930 ,
U.S. Treasury ,
US Department of State ,
Withhold Release Orders (WROs)
On September 14, 2020, the Department of Homeland Security (DHS) through Customs and Border Protection (CBP) issued new withhold release orders (WRO) aimed at entities involved in the importation, downstream manufacturing,...more
As previously reported, on July 14, 2020, the President signed Executive Order 13936 on Hong Kong Normalization. As a result, CBP has issued a new marking requirement for goods that are produced in Hong Kong which enter...more
There is a risk that garments made from cotton produced by XPCC could be subject to a Customs and Border Protection withhold release orders.
Fashion and luxury goods companies need to be concerned about the recent...more
8/26/2020
/ China ,
Customs and Border Protection ,
Economic Sanctions ,
Entity List ,
Exports ,
Forced Labor ,
Imports ,
Retailers ,
Supply Chain ,
U.S. Commerce Department ,
U.S. Treasury
Under the TFTEA, CBP has taken an increasingly enforcement-minded posture to prevent and penalize the importation of goods produced using forced labor into the United States.
On August 13, 2020, CBP announced that it had...more
8/20/2020
/ China ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Customs and Border Protection ,
Department of Homeland Security (DHS) ,
Forced Labor ,
Importers ,
New Guidance ,
Risk Assessment ,
Risk Mitigation ,
Supply Chain ,
Trade Facilitation and Trade Enforcement Act ,
Withhold Release Orders (WROs)
As discussed previously, President Trump issued an Executive Order on July 14, 2020, concerning certain import and export trade requirements between the US and China.
Goods produced in Hong Kong will be required to be...more
Because of the time needed to mark, pack, and ship goods from Hong Kong to the US, it is imperative that importers act quickly to ensure compliance with this new requirement.
As reported previously and as a result of the...more
8/12/2020
/ Ad Valorem Tax ,
China ,
Compliance ,
Customs and Border Protection ,
Executive Orders ,
Exports ,
Federal Register ,
Goods or Services ,
Hong Kong ,
Importers ,
Imports ,
Tariff Act of 1930
On July 16, 2020, the Federal Trade Commission (FTC) published a proposed rule for “Made in the USA” (MUSA) claims for labels in the United States.
The proposed rule would codify the FTC’s current standard that unqualified...more
What one hand giveth, the other can taketh away. That adage comes to mind when reviewing FDA’s most recent action with respect to the importation and distribution of KN95 and other respirator masks manufactured in China....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
This updates our prior Alerts regarding the importation and distribution of face masks during the COVID-19 pandemic. The daily news is replete with reports of various types of masks and other personal protective equipment...more
Effective yesterday, the US government is making available a temporary 90-day postponement of certain import payment deadlines for companies and individuals experiencing “significant financial hardship” due to the economic...more