19 U.S.C. § 1321(a)(2) authorizes administrative exemptions from duty, tax, and formal entry procedures for shipments of certain imported articles, including articles valued at $800 or less. The importing community often...more
2/6/2025
/ China ,
Customs ,
Customs and Border Protection ,
Department of Homeland Security (DHS) ,
Harmonized Tariff Schedule of the United States (HTSUS) ,
Imports ,
International Trade ,
Notice of Proposed Rulemaking (NOPR) ,
Proposed Rules ,
Regulatory Agenda ,
Section 301 ,
Tariffs ,
U.S. Treasury
On February 1, 2025, President Trump signed three executive orders imposing additional tariffs on Canada, Mexico, and China, pursuant to the International Emergency Economic Powers Act (IEEPA) in response to emergencies...more
Key Points -
On February 24, the one-year anniversary of Russia’s invasion of Ukraine, President Joe Biden announced, via Presidential Proclamation 10522, an additional 200% ad valorem tariff on Russian origin aluminum...more
Key Points -
On June 21, 2022, CBP began enforcing the UFLPA’s revisions to section 307 of the Tariff Act of 1930—19 U.SC. § 1307—by applying a rebuttable presumption that the following goods are prohibited from...more
Key Points -
CBP recently ruled that the Jones Act applies to the transportation of merchandise from a U.S. port to locations on the OCS used for developing and producing wind energy, following Congressional amendments to...more
CBP has issued a “region-wide” WRO on cotton and tomato products “grown or produced” by entities “operating in” the XUAR. In a press release, CBP states that the order covers “apparel, textiles, tomato seeds, canned tomatoes,...more
- On August 10, 2020, FEMA extended the duration of its restrictions on the export of certain shipments of PPE through December 31, 2020.
- The August 10 notice narrowed the types of PPE covered by the restrictions to...more
- On April 18, 2020, President Trump issued an Executive Order authorizing temporary deferral of certain duty payments, which CBP implemented via a Temporary Final Rule on April 20, 2020
- Importers of record who have...more
- Effective April 17, 2020, FEMA expanded exemptions to its April 7, 2020, Temporary Rule that implemented export restrictions on certain shipments of personal protective equipment.
- FEMA issued the Temporary Rule to...more
- Beginning April 7, 2020, CBP is authorized to temporarily detain all shipments of five categories of personal protective equipment used in the response to and treatment of COVID-19, pursuant to a Temporary Rule issued by...more
- On January 24, 2020, the DHS released a report (“DHS Report”) on the global trade in counterfeit goods, outlining a series of recommendations and actions that should be taken by CBP, ICE and the private sector to combat the...more
- President Trump issued Presidential Proclamation 9980 on January 24, 2020, expanding the product scope of existing tariffs imposed under Section 232 of the Trade Expansion Act of 1962 on certain articles of aluminum and...more
2/10/2020
/ Aluminum Sales ,
Customs and Border Protection ,
Exclusions ,
Imports ,
National Security ,
Presidential Proclamations ,
Section 232 ,
Steel Industry ,
Supply Chain ,
Tariffs ,
Trade Expansion Act of 1962 ,
Trump Administration ,
U.S. Commerce Department ,
US Trade Policies
• Today, September 26, 2019, the Federal Trade Commission (FTC) will host a public workshop in Washington, D.C. concerning its “Made in USA” enforcement program. A webcast will be available...
• The FTC is inviting public...more
At the end of 2018, the U.S. Court of International Trade (CIT) issued an opinion in One World Techs., Inc. v. United States. In that decision, Judge Choe-Groves concluded that U.S. Customs and Border Protection (CBP)...more
5/20/2019
/ Administrative Law Judge (ALJ) ,
Appeals ,
Asset Seizure ,
Court of International Trade ,
Customs and Border Protection ,
Exclusion Orders ,
Imports ,
Injunctions ,
Injunctive Relief ,
Interlocutory Appeals ,
International Trade Commission (ITC) ,
Irreparable Harm ,
Patent Infringement ,
Patents ,
Preliminary Injunctions ,
Section 337 ,
Separation of Powers ,
Subject Matter Jurisdiction ,
Tariff Act of 1930
• Following a setback in U.S.-China trade negotiations, the USTR has increased the Section 301 List 3 additional duty rate on $200 billion of Chinese-origin products from 10% to 25% (the rate already in effect for $50 billion...more
5/14/2019
/ China ,
Customs and Border Protection ,
Exclusions ,
Exports ,
Imports ,
Notice and Comment ,
Section 301 ,
Tariffs ,
Trade Relations ,
Trump Administration ,
US Trade Policies ,
USTR
In a variety of contexts, U.S. government agencies regulating international trade and the cross-border movement of goods and services possess significant civil and criminal penalty authority. For example, the primary agency...more
4/26/2019
/ Administrative Procedure ,
Anti-Dumping Duty ,
Civil Monetary Penalty ,
Court of International Trade ,
Cross-Border Transactions ,
Customs and Border Protection ,
Department of Justice (DOJ) ,
Dismissal With Prejudice ,
Exports ,
Goods or Services ,
Imports ,
Right to a Jury ,
Seventh Amendment ,
Trade Remedies
• On September 12, 2017, U.S. Customs and Border Protection issued a Federal Register notice, “Reducing Regulation and Controlling Regulatory Costs,” to request comments from interested parties on CBP regulations, paperwork...more
9/18/2017
/ Comment Period ,
Customs and Border Protection ,
Federal Register ,
Foreign Trade Regulations ,
Modification ,
Public Comment ,
Regulatory Burden ,
Regulatory Reform ,
Repeal ,
Supporting Documentation ,
Trump Administration
Earlier this month, The Washington Post reported that Food and Drug Administration (FDA) Commissioner Scott Gottlieb announced that he was reallocating three dozen employees to international mail facilities (IMF), as well as...more
8/15/2017
/ Criminal Investigations ,
Customs and Border Protection ,
Food and Drug Administration (FDA) ,
Food Safety ,
Foreign Suppliers ,
Forensic Examination ,
IMF ,
Imports ,
Mail ,
Medical Devices ,
Ports ,
Prescription Drugs ,
Reporting Requirements ,
Screening Procedures
On June 8, 2017, Customs and Border Protection (“CBP”) published a final rule that removes the consumptive-demand exception from its regulations that implement the prohibition on the importation of merchandise that has been...more
On March 31, President Trump signed two Executive Orders (EOs) that address trade. The first EO addresses increased enforcement of U.S. trade and customs laws and specifically calls for plans and strategies to combat the...more
4/5/2017
/ Anti-Dumping Duty ,
Counterfeit Goods Regulation ,
Countervailing Duties ,
Customs and Border Protection ,
Department of Homeland Security (DHS) ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Executive Orders ,
Exports ,
Free Trade Agreements ,
Imports ,
Trade Facilitation and Trade Enforcement Act ,
Trade Remedies ,
Trump Administration ,
U.S. Customs ,
USTR
U.S. Customs and Border Protection (CBP) recently issued letters to major U.S. importers that encourage the recipients to review their recent trade data and CBP’s Informed Compliance Publications (ICPs), and remind them of...more
CBP has released the highly anticipated AD/CV duty evasion regulations, which promulgate an administrative procedure for investigating AD/CV duty evasion allegations that CBP must follow. The regulations will undoubtedly...more
The Forced Labor Statute and the Amendment -
In February, the U.S. Congress passed, and President Obama enacted, the Trade Facilitation and Enforcement Act of 2015 (TFEA). Among its provisions is an amendment to the...more
Last Thursday, the U.S. Senate voted 75-20 to agree to the conference report on H.R. 644, the Trade Facilitation and Enforcement Act of 2015 (the “Act”) sending the legislation to President Obama’s desk for enactment. The Act...more
U.S. Customs and Border Protection (CBP) published a final rule on September 18, 2015, that implements procedures for sharing information about imported merchandise with trademark owners for purposes of determining whether...more