News & Analysis as of

Imports

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

Commerce Submits Steel Section 232 Report to the President

by Husch Blackwell LLP on

On Thursday, January 11, the U.S. Department of Commerce formally submitted to the President the results of its investigation into the effect of steel mill product imports on U.S. National Security. The President now has 90...more

WARNING: Prop 65 Has Changed – If Your Product Is Sold In California Or You Do Business In California, Pay Attention

What is Prop 65? - Prop 65 is a California law that requires California consumers receive warnings regarding the presence of chemicals that cause cancer or reproductive toxicity. The law is highly technical, constantly...more

Commerce Department Completes Section 232 Probe Into Steel Imports But Stays Mum on the Findings

by Kelley Drye & Warren LLP on

On January 11, 2018, evening the Commerce Department sent to the White House its findings in the Section 232 national security investigation on steel imports. The much anticipated report was originally due to be issued last...more

Environmental Protection Control Standards for Imports of Solid Wastes as Raw Materials: China Issues Final Standards

The Institute of Scrap Recycling Industries (“ISRI”) announced that China’s Ministry of Environmental Protection issued final scrap import standards. The standards are denominated the Environmental Protection Control...more

Global Connection - January 2018

by Snell & Wilmer on

Dear Friend of Snell & Wilmer: The past year brought significant changes across a variety of political, legal, and policy spheres, and the world of U.S. international trade law was no exception. This edition of the...more

European Court of Justice: Intercompany Pricing Cannot Be Used For EU Import/Customs Purposes If Subject to Adjustments

• A recent judgment of the European Court of Justice for bars the use of intercompany transfer prices for EU imports and EU customs duty purposes if (as is commonly the case) these are subject to retroactive adjustments. ...more

Court Refuses to Certify Canadian Price-Fixing Case

by Bennett Jones LLP on

For many years, it was next to impossible to certify a price-fixing class action in Canada. Today, certification is so common that refusals to certify are the rare exception. Ewart v Nippon Yusen Kabushiki Kaisha, 2017 BCSC...more

Inducement After Importation Actionable Under Section 337

by Jones Day on

Complainants often must rely on indirect infringement to prove a violation of Section 337. Indirect infringement may be in the form of induced or contributory infringement. In a recent opinion, the Commission clarified issues...more

Petition Summary: Certain Plastic Decorative Ribbon from China

by Husch Blackwell LLP on

On December 27, 2017, Berwick Offray, LLC filed a petition for the imposition of antidumping and countervailing duties on imports of Certain Plastic Decorative Ribbon from China....more

NAFTA Renegotiations Create Uncertainty for Automakers

by Foley & Lardner LLP on

The promise to renegotiate or else withdraw from NAFTA was one of the central points of the Trump campaign that helped him win states like Michigan, Ohio, and Pennsylvania. In keeping with his campaign promises, the Trump...more

New Trade Case on Imports of Plastic Decorative Ribbons from China

by Clark Hill PLC on

New US antidumping (AD) and countervailing (CVD) duty investigations were filed on December 27, 2017 against imports of plastic decorative ribbons from China. These products, mainly used for decorative purposes such as gift...more

Chemical Duties: Federal Circuit Affirms Decision Of U.S. Court Of International Trade

by Fox Rothschild LLP on

In a customs classification case, Chemtall, Inc. v. United States, the U.S. Court of Appeals for the Federal Circuit affirmed a U.S. Court of International Trade (“CIT”) ruling that the vinyl polymer acrylamide tertiary butyl...more

Global Magnitsky Sanctions Target Human Rights Abusers and Government Corruption Around the World

by WilmerHale on

On December 20, 2017, President Trump issued a new Executive Order (EO) targeting corruption and human rights abuses around the world. The EO implements last year's Global Magnitsky Human Rights Accountability Act (the...more

Excise Tax Relief for Breweries, Wineries and Distilleries

by McDermott Will & Emery on

The new tax law formerly referred to as the Tax Cuts and Jobs Act of 2017, provides a temporary reduction in alcohol beverage excise taxes for US brewers, winemakers, distillers and beverage importers. Temporary tax relief is...more

Hogan Lovells: ITC Section 337 Quarterly Highlights

by Hogan Lovells on

Will the 100 Day single issue program live up to its promise? When the ITC first ordered a Judge to take evidence on a single issue to determine if the issue was case dispositive, the year was 2013. After the order, the...more

FDA 2017 Year in Review: Therapeutic Products, Part 2

Yesterday we started off our year-end series of blog posts with the first part of a review of FDA’s actions for 2017 in the therapeutic products space. Part 1 recapped Commissioner Gottlieb’s initiative to tackle drug...more

U.S. Customs Determines Coffee Bean Country of Origin is Where Roasted

by Reed Smith on

Last month, U.S. Customs and Border Protection (“CBP”) published its final determination that the country where raw green coffee beans are roasted—not necessarily grown—is their country of origin for the purpose of government...more

China Waste Import Restrictions: December 15th Solid Waste Association of North America (SWANA) Comments

The Solid Waste Association of North America (“SWANA”) submitted December 15th comments addressing China’s restrictions on waste imports....more

100-Day Pilot Program Proceedings Remain Rare

by Jones Day on

In two recent orders, the Commission denied respondents’ requests for entry into its Early Disposition Pilot Program (100-day Pilot Program). It has now been over two years since the ITC issued its proposed rulemaking for the...more

U.S. Trade Representative Requests Further Information on Remedy Recommendations for Imported Crystalline Silicon Photovoltaic...

by Bryan Cave on

On November 13, 2017, the U.S. International Trade Commission (ITC) sent President Trump its formal report on its “Global Safeguard” investigation into imports of Crystalline Silicon Photovoltaic (CSPV) cells (whether or not...more

EU-Japan Economic Partnership Agreement

by Dechert LLP on

The EU and Japan have reached agreement on “the biggest bilateral trade agreement ever negotiated by the European Union”, covering a combined market of over 600m people and 30% of global GDP....more

Latin American Environmental Regulatory Tracker

by Beveridge & Diamond PC on

This month’s tracker reflects key initiatives from October 16, 2017 – November 15, 2017. This month brings us a heavy environmental regulatory agenda in Latin America. Brazil aimed to close loopholes on take-back...more

ITC Continues Duties on Imports of Softwood Lumber From Canada

by Perkins Coie on

Significant antidumping and countervailing duties (AD/CVDs) on imports of softwood lumber from Canada will continue following the U.S. International Trade Commission (ITC) final affirmative injury determination made...more

Patent Exhaustion: Supreme Court Expands Patent-Limiting Doctrine

The U.S. Supreme Court at the end of the past term handed down a decision, Impression Products, Inc. v. Lexmark International, Inc., that greatly expanded the doctrine of patent exhaustion. This equitable doctrine prevents a...more

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