News & Analysis as of


Food and Beverage Law Update: February 2018

by Holland & Knight LLP on

Deceptive Trade Practices - Meat Exporter Had No Duty Under FCA to Pay for Beef Inspection - In United States ex rel. Barrick v. Parker-Migliorini Int'l, LLC, 878 F. 3d 1224 (10th Cir. 2017), the court affirmed...more

Federal Regulatory Applications as to Supply Chain Management

Will the current U.S. government import/export regulations or their possible changes impact your 2018 business operations? Does any portion of the supply chain that supports your acquisitions of commercial or operational...more

New Customs Rules for a Post-Brexit United Kingdom

by Kelley Drye & Warren LLP on

March 2019 is coming and importers and exporters need to be prepared for what lies ahead. The UK is leaving not only the EU but its Customs Union. No longer will imports into a distribution center in the EU cover sales in...more

Upending Trade Finance through Blockchain Technology

Trade finance, in both domestic and international financial transactions, is often utilized when one company seeks to import a shipment of goods from a supplier (or exporter). These transactions comprise an enormous amount of...more

Census Begins Review of Routed Export Reporting Requirement

• The U.S. Bureau of the Census has issued a notice requesting comments on the definition of “routed export transaction” and the responsibilities of parties in routed export transactions. Comments are due by December 5,...more

Gross Receipts From Sales of Exported Goods Not Subject To Virginia BPOL Taxes

by Williams Mullen on

On August 24, 2017, the Supreme Court of Virginia issued a tax ruling that is favorable to Virginia taxpayers with international exports. As background, Virginia localities are permitted to impose the Business, Professional...more

What Exporters Need to Know For the Next 100 Days– (Sorry It Is Longer Than Usual but It Is a Quick Read)

by Baker Donelson on

We are 100 days into the Trump Administration and the question is not what did President Trump promise and what did he do, the question is how should business prepare for the future? Let’s begin with a “State of the...more

Exporters Must Comply With Hong Kong Import and Export Controls

by BakerHostetler on

Beginning on April 19, 2017, individuals and companies planning to export to or re- export from Hong Kong will need to obtain certain paperwork prior to shipping. This new rule was published earlier in 2017, by the Department...more

North Carolina ABC Omnibus Legislation – House Bill 500

by Williams Mullen on

The North Carolina General Assembly is considering a number of alcohol-related bills in the 2017 long session. The most significant of these bills is the ABC Omnibus Legislation, House Bill 500, which proposes to allow North...more

New Documentary Requirements Issued for Hong Kong Exports and Reexports

by Morgan Lewis on

Effective April 19, 2017, US exporters intending to export certain controlled items to Hong Kong will need to obtain, prior to shipment, either a copy of a Hong Kong import license or a statement issued by the Hong Kong...more

The Impact of US Export Controls on the Sale of a Manufacturing Business

by Miller Canfield on

An owner of a US business that manufactures export-controlled items (“Export Business”) nears retirement. The owner decides to sell the Export Business. In a win for the owner, the sale of the Export Business interests both...more

U.S. Supreme Court Decision Limits Extraterritorial Reach of U.S. Patents: What Manufacturers and Exporters Need to Know

by Hinshaw & Culbertson LLP on

The U.S. Supreme Court's decision on February 22, in Life Technologies Corp. v. Promega Corp. limits the ability of a U.S. patent to cover infringing activity abroad. In particular, the Court held that a single component of a...more

2017 Key Trade Issues: U.S. Embargoes and Economic Sanctions on Iran, Russia, and Cuba

by Polsinelli on

U.S. embargoes and economic sanctions on countries such as Iran, Russia and Cuba were discussed at length by both candidates during the 2016 Presidential campaign, and President-Elect Trump has stated that he intended to...more

Canada and EU Sign Free Trade Agreement: Implications for TTIP

by King & Spalding on

On October 30, the European Union (EU) and Canada signed the Comprehensive Economic and Trade Agreement (CETA). The final draft of the agreement was concluded in February after seven years of negotiations. Many EU officials...more

Is Your Waste Coming or Going? EPA Revises Hazardous Waste Export-Import Rules and Reforms Generator Rules

by Pierce Atwood LLP on

In late October 2016, the United States Environmental Protection Agency (EPA) adopted two final rules that will very shortly change procedures for those who export or import Resource Conservation and Recovery Act (RCRA)...more

Export Documentation Requirements Change Following EAR/ITAR Amendments

by Benesch on

Export control documentation requirements are changing effective November 15, 2016. Specifically, the Department of Commerce’s Bureau of Industry and Security, and the Department of State’s Directorate of Defense Trade...more

Getting Your Goods Through Port Faster While Keeping the Country Safe– Is Membership in C-TPAT Right for You?

by Baker Donelson on

If you are importing a large volume of products from abroad and are not aware of the C-TPAT program administered by Customs and Border Protection (CBP), then you may want to consider the benefits of the program. C-TPAT is...more

It’s All About Compliance

This Alert is one in an occasional series of articles providing tips about various topics which arise routinely with import and export transactions. These tips are published with the intention to aid international traders in...more

Commerce Report Shows Impressive Job Growth Thanks to U.S. Exports

by Baker Donelson on

The Commerce Department issued great news for exporters and American workers last week. According to Commerce’s report, Jobs Supported by Export Destination 2015, American jobs supported by U.S. exports to current free trade...more

“Reason To Know” – A Chilling Term For Exporters

by Williams Mullen on

It’s a simple question – if a U.S. exporter sells its product to a foreign customer, and the customer resells the product to a prohibited country such as Iran, can the U.S. exporter have liability for an export violation? ...more

Commerce Guidance Supports Benefits of Voluntary Disclosures and Improved Compliance Programs

by Baker Donelson on

The U.S. Department of Commerce’s Bureau of Industry and Security (BIS) has issued a voluntary disclosure guidance for export violations. The guidance takes effect July 22 and its intent is to make Commerce’s enforcement more...more

California Environmental Law & Policy Update - July 2016

by Allen Matkins on

Environmental and Policy Focus - Judge invalidates long-fought Delta management plan Sacramento Bee - Jun 24 - In a decision that could delay or complicate Governor Jerry Brown’s plan to build two huge...more

EU Agreement on Trade Rules for Conflict Minerals

by White & Case LLP on

The European Union (EU) institutions have reached broad agreement on trade rules for so-called "conflict minerals". While the technical details still need to be established, we summarize the expected new EU rules below....more

Canadian LNG from a Global Perspective

The stakes are considerable. In the event a significant amount of liquefaction capacity is approved, Canada could become an important player on the global LNG stage. By contrast, should the industry stall, it could be a...more

New Shippers Under Scrutiny

by Kelley Drye & Warren LLP on

The U.S. Department of Commerce (the “Department”) is required by statute to, upon request, conduct a review and establish an individual dumping or countervailing duty margin for an exporter or producer of subject merchandise...more

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