Our expectations for a new regulatory policy from the Trump Administration are quickly taking shape. The White House wasted no time kicking off changes to our regulatory environment and compliance enforcement posture....more
3/4/2025
/ Department of Transportation (DOT) ,
Deregulation ,
Enforcement Actions ,
Enforcement Priorities ,
Environmental Policies ,
Executive Orders ,
Federal Aviation Administration (FAA) ,
Federal Highway Administration ,
Federal Railroad Administration ,
International Trade ,
Logistics ,
NHTSA ,
Tariffs ,
Trade Policy ,
Transportation Industry ,
Trump Administration ,
US Trade Policies
This article was originally published shortly after the election on November 26, 2024. It has been updated to reflect updates from Presidential Actions taken after President Trump took office. ...more
2/21/2025
/ America First Trade Policy ,
Canada ,
China ,
International Trade ,
Mexico ,
Popular ,
Public Procurement Policies ,
Section 301 ,
Supply Chain ,
Tariffs ,
Trump Administration ,
US Trade Policies ,
USTR
The White House issued a Fact Sheet and Presidential Proclamation addressing Section 232 tariff actions on February 10, 2025. These steps strengthen President Trump’s 2018 tariff actions on steel and aluminum imported into...more
2/12/2025
/ Aluminum Sales ,
Customs and Border Protection ,
Executive Orders ,
Imports ,
International Trade ,
National Security ,
Presidential Proclamations ,
Section 232 ,
Steel Industry ,
Supply Chain ,
Tariffs ,
Trade Relations ,
Trump Administration ,
US Trade Policies
This article was originally published on February 2, 2025, and has been updated to reflect four additional Executive Orders released on February 3, 2025.
United States supply chains now have a degree of clarity following...more
2/4/2025
/ Canada ,
China ,
Executive Orders ,
International Trade ,
Mexico ,
Retaliation ,
Section 301 ,
Supply Chain ,
Tariffs ,
Trade Wars ,
United States-Mexico-Canada Agreement (USMCA) ,
US Trade Policies
Payment and collection practices are under renewed scrutiny in the transportation business. Legitimate providers and shippers are suffering from the growth of unlawful double brokering, insolvent service providers, and other...more
1/14/2025
/ Brokers ,
Compliance ,
Contract Terms ,
Department of Transportation (DOT) ,
FMCSA ,
Freight Forwarding ,
Insolvency ,
Joint and Several Liability ,
Payment Systems ,
Proposed Rules ,
Risk Management ,
Tariffs ,
Trucking Industry
Higher tariffs are coming for some domestic importers even before President-Elect Trump’s inauguration on January 20, 2025. Our team has been reporting throughout the year on the Biden Administration’s recent use of the...more
President-Elect Trump campaigned on the promise to increase tariffs on imports to the United States. Shortly after the election he announced significant tariffs on goods from the three largest trading partners: China, Mexico,...more
11/27/2024
/ Canada ,
China ,
Importers ,
Imports ,
International Emergency Economic Powers Act (IEEPA) ,
Mexico ,
Section 301 ,
Supply Chain ,
Tariff Act of 1930 ,
Tariffs ,
Trade Expansion Act of 1962 ,
Trade Relations ,
Trading with the Enemy Act ,
Trump Administration ,
United States-Mexico-Canada Agreement (USMCA) ,
US Trade Policies
The importing community received long-awaited clarity in plans for new Section 301 customs duties on Chinese goods this last Friday, September 13. The Office of the US Trade Representative ("USTR") released the final text of...more
9/17/2024
/ China ,
Effective Date ,
Federal Register ,
Importers ,
Imports ,
Section 301 ,
Supply Chain ,
Tariffs ,
Trade Relations ,
US Trade Policies ,
USTR
The path forward for new tariffs on imports to the United States from China is now emerging. This week the United States Trade Representative (USTR) requested comment on proposed Section 301 tariff modifications and...more
New Section 301 tariffs on imports from China were announced by the Biden Administration on May 14, 2024. The White House circulated a fact sheet directing the United States Trade Representative ("USTR") to exercise tariffs...more
5/17/2024
/ Biden Administration ,
China ,
Electric Vehicles ,
Imports ,
Section 301 ,
Semiconductors ,
Supply Chain ,
Tariffs ,
Trade Relations ,
US Trade Policies ,
USTR
Courts have clearly established that a shipper cannot prevail in a freight claim against a carrier if an “Act of God” caused the freight loss or damage. The Act of God defense is an original, and one of the most...more
New changes went into effect on February 15, 2024, for imports of low-value items under a program that has gained great significance with the rise of cross-border e-commerce. U.S. Customs and Border Protection (CBP) published...more
The Federal Maritime Commission (“FMC”) issued a Final Rule in FMC Docket No. 21-03 amending its Carrier Automated Tariffs regulations under 46 CFR Part 520, effective on February 1, 2024. (89 FR 25). The amendments aim to...more
The growing prevalence of supply chain sustainability and related environmental, social, and governance (ESG) principles signals a shift requiring attention. Despite some vocal holdouts across the supply chain, the speed of...more
11/15/2022
/ Climate Change ,
Connected Cars ,
Corporate Governance ,
Customs and Border Protection ,
Cybersecurity ,
Electric Vehicles ,
Environmental Social & Governance (ESG) ,
FMCSA ,
Logistics ,
Military Conflict ,
Offers in Compromise ,
Public Comment ,
Section 301 ,
Supply Chain ,
Tariffs ,
Trade Restrictions ,
Transportation Industry ,
US Trade Policies
The public will soon have an opportunity to offer comment on the Section 301 duties that were imposed on imports from China under the prior Administration. Recently the Office of the U.S. Trade Representative (“USTR”)...more
Beneficial cargo owners have faced well-reported challenges in recent bid seasons. Two plus years of global pandemic unleashed supply and capacity interruption, carrier lane divergence, and an explosion in rates as well as...more
6/16/2022
/ Common Carriers ,
Drug & Alcohol Abuse ,
Insurance Claims ,
Manufacturers ,
NHTSA ,
Section 301 ,
Shipping ,
Shipping Cargo ,
Supply Chain ,
Tariffs ,
Transportation Industry ,
USTR
Valuable tariff relief is now available for goods imported to the U.S. from China. On March 23, 2022 the U.S. Trade Representative (“USTR”) published Federal Register Notice 87 FR 17380 retroactively reinstating certain U.S....more
The Office of the United States Trade Representative (USTR) is considering public comment regarding the possible reinstatement of Section 301 tariff exclusions on goods imported from China...more
We previously alerted domestic importers on the option of litigating to recover List 4A duties, and that bulletin is available here. At the time one year ago domestic industry had taken note of a lawsuit before the Court of...more
A flurry of activity recently consumed domestic industry and law firms, including Benesch, as domestic importers sought to maximize the potential for relief from the Section 301 duties against Chinese goods, while staring...more
The potential for domestic U.S. importers to receive refunds of Section 301 duties paid on Chinese goods has captured the attention of the trade community. Sparked by a lawsuit filed last Thursday, many are hopeful for the...more
Thirty days remain to file exclusion requests for List 3 of the Section 301 tariffs on products imported from China. The official deadline for electronic submission of exclusion requests is September 30, 2019....more
8/30/2019
/ China ,
Electronic Filing ,
Exclusion List ,
Filing Deadlines ,
Imports ,
Requests for Exclusion ,
Section 301 ,
Supply Chain ,
Tariffs ,
Trump Administration ,
US Trade Policies ,
USTR
Customs duty drawback has long been recognized as a lawful means by which importers may reduce the realized impact of tariff duties on imported items. United States Customs and Border Protection (“CBP”) published a highly...more
The INCOTERMS published by the International Chamber of Commerce (ICC) have long served the international community by offering a “shorthand” for communicating key shipping terms. INCOTERMS are so ubiquitous in international...more
11/20/2018
/ Buyers ,
China ,
Contract Interpretation ,
Contract Negotiations ,
Contract Terms ,
Cross-Border Transactions ,
Duties ,
Imports ,
International Freight ,
Manufacturers ,
Purchase Agreement ,
Section 301 ,
Sellers ,
Shipping ,
Supply Chain ,
Supply Contracts ,
Tariffs ,
Trade Relations ,
US Trade Policies
“It Was A Very Good Year” (For Freight Brokers) -
Frank Sinatra certainly was not thinking about freight brokers when singing this Grammy-winning song back in 1966. However, the title of the song definitely resonates for...more
11/19/2018
/ Brokers ,
Buyers ,
Commerce Clause ,
Contract Claims ,
Imports ,
International Freight ,
International Treaties ,
Letter of Credit ,
Preemption ,
Public Procurement Policies ,
Sellers ,
Shipping ,
Shipping Cargo ,
Supply Chain ,
Tariffs ,
Transportation Industry ,
Wrongful Death