- Late on Friday, March 20, 2020, USTR announced that it has opened a new public comment period for businesses and government agencies to request additional product exclusions from Section 301 duties for certain...more
- Most U.S. Embassies and Consulates around the world have suspended visa services and cancelled visa interview appointments.
- Individuals traveling to the United States on a Visa Waiver Program that are subject to the...more
- Recent actions by the U.S. government and NGOs have intensified international focus on labor conditions in China’s Xinjiang Uyghur Autonomous Region (XUAR) and companies that allegedly source materials and labor from the...more
- On March 11, 2020, President Trump issued a Presidential Proclamation restricting the entry of certain travelers that have been in one of 26 European countries in the 14 day period preceding their entry.
- The rule...more
The new coronavirus, SARS-CoV-2, and the disease it causes, COVID-19, have created diverse, complex, and immediate challenges for world governments, multinational businesses, and other international institutions and projects....more
3/10/2020
/ Airports ,
Coronavirus/COVID-19 ,
Economic Sanctions ,
Exports ,
Federal Funding ,
Health and Safety ,
Imports ,
Infectious Diseases ,
Manufacturers ,
Medical Supplies ,
Multinationals ,
New Guidance ,
Office of Foreign Assets Control (OFAC) ,
Public Health ,
Risk Assessment ,
Supply Chain ,
Trade Relations ,
Travel Restrictions ,
Travelers
- New DHS regulation mandates use of an electronic H-1B registration system.
- Registration system will be open for only 20 days.
- Employers who win H-1B lottery but then do not file H-1B petitions may be penalized....more
2/18/2020
/ Department of Homeland Security (DHS) ,
Electronic Reporting ,
Foreign Workers ,
H-1B ,
Highly-Skilled Workers Visa ,
Hiring & Firing ,
Immigrants ,
Lottery ,
New Rules ,
Registration Requirement ,
USCIS ,
Visas
- 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
The U.S. Court of Appeals for the Federal Circuit (Federal Circuit) rarely sits en banc to address international trade issues that fall within its subject matter jurisdiction. It last did so nearly five years ago in Suprema,...more
Medical device and diagnostics companies and laboratories should anticipate significant legal, regulatory and market changes in 2020 that will have a lasting impact on the industry. From revisions to how the government...more
1/8/2020
/ Acquisitions ,
Artificial Intelligence ,
Biotechnology ,
Centers for Medicare & Medicaid Services (CMS) ,
CFIUS ,
Department of Health and Human Services (HHS) ,
Digital Health ,
EU ,
Export Controls ,
Food and Drug Administration (FDA) ,
General Data Protection Regulation (GDPR) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Innovation ,
Life Sciences ,
Machine Learning ,
Medical Devices ,
Mergers ,
Office of Foreign Assets Control (OFAC) ,
Patent-Eligible Subject Matter ,
Pharmaceutical Industry ,
Popular ,
Section 101 ,
USPTO
Key Points
- USTR has proposed to impose additional duties of up to 100 percent ad valorem on $2.4 billion in imports of French products in response to France’s Digital Services Tax.
- The proposed duties would apply...more
12/5/2019
/ Digital Service Providers ,
Digital Services Tax ,
France ,
Importers ,
International Tax Issues ,
Public Comment ,
Public Hearing ,
Retaliatory Tariffs ,
Rulemaking Process ,
Section 301 ,
Tax Policy ,
USTR
• The MTB process allows importers to petition to suspend or reduce normal duties paid on certain imported products for three years, as approved by Congress.
• The petition process opened on October 11, 2019 and interested...more
• 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
• DHS has announced that it has finalized the previously proposed rule on what immigrants are considered a “public charge.” The final rule was published in the Federal Register on August 14th, 2019.
• The rule is effective...more
• The USTR will consider a second list of products, totaling $4 billion in imports, to include in its proposed duties of up to 100 percent ad valorem on EU imports.
• The additional list covers 89 separate 8-digit HTSUS...more
7/5/2019
/ Comment Period ,
EU ,
Imports ,
Public Comment ,
Public Hearing ,
Section 301 ,
Tariffs ,
Trade Act of 1974 ,
Trade Relations ,
US Trade Policies ,
USTR
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
• On May 16, 2019, President Trump announced broad parameters of an immigration plan to address border security, interior enforcement, asylum policy, modernization of ports of entry and the current immigrant visa or “green...more
• 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
• USTR has proposed to impose additional duties of up to 100 percent ad valorem on $21 billion of imports from EU member states as a result of a dispute concerning aircraft subsidies.
• The proposed duties would apply to...more
4/12/2019
/ Ad Valorem Tax ,
Comment Period ,
Duties ,
EU ,
Government Investigations ,
Importers ,
Imports ,
Member State ,
Public Comment ,
Public Hearing ,
Section 301 ,
Tariff Classifications ,
Tariffs ,
Trade Act of 1974 ,
Trade Relations ,
USTR
• DHS has announced that it has finalized the previously proposed rule governing the H-1B lottery. The final rule was published in the Federal Register on January 31, 2019.
• DHS will reverse the order of the H-1B lottery...more
2/8/2019
/ Amended Regulation ,
Department of Homeland Security (DHS) ,
Diversity Lottery ,
Electronic Filing ,
Final Rules ,
Foreign Workers ,
H-1B ,
Highly-Skilled Workers Visa ,
Labor Condition Applications ,
Registration Requirement ,
USCIS ,
Visa Applications ,
Visa Caps ,
Visas
• Late on Friday, December 21, 2018, the United States Trade Representative (USTR) quietly announced that it has granted the first product exclusions for products covered by “List 1” of the Section 301 tariffs, effective...more
• Prior to submitting petitions for H-1B visas, employers first will be required to register electronically with USCIS during a designated registration period.
• DHS proposes to use a computer-generated process to select a...more
12/11/2018
/ Comment Period ,
Department of Homeland Security (DHS) ,
Diversity Lottery ,
Electronic Filing ,
Employer Liability Issues ,
H-1B ,
Highly-Skilled Workers Visa ,
Immigration Procedures ,
Proposed Rules ,
Public Comment ,
Registration Requirement ,
Trump Administration ,
USCIS ,
Visa Caps ,
Visas
• The new United States-Mexico-Canada Agreement (USMCA) would increase Mexico’s and Canada’s de minimis thresholds for express shipments to $117 USD and $150 CAD for duty-free entry, respectively, and $50 USD and $40 CAD for...more
10/26/2018
/ Canada ,
Common Carriers ,
Cross-Border Transactions ,
Duty Free ,
Exports ,
Foreign Relations ,
Free Trade Agreements ,
Imports ,
Mexico ,
NAFTA ,
Reciprocity Rules ,
Shipping ,
Trade Relations ,
Transportation Industry ,
Trump Administration ,
United States-Mexico-Canada Agreement (USMCA) ,
US Trade Policies
• Applicants for a green card and for most nonimmigrant visas (including work, student and tourist visas) will be subject to the new DHS rule on “public charge” determination. This will affect the processing of...more
10/12/2018
/ Bonds ,
Comment Period ,
Department of Homeland Security (DHS) ,
Exemptions ,
Foreign Nationals ,
Foreign Students ,
Foreign Workers ,
Green Cards ,
H-1B ,
L-1 Visas ,
Non-Immigrant Visas ,
Proposed Rules ,
Public Benefits ,
Public Comment ,
Totality of Circumstances Test ,
Tourists