News & Analysis as of

Imports

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

New Trade Cases on Imports of Sodium Gluconate, Gluconic Acid, and Derivative Products from China and France

by Clark Hill PLC on

New US antidumping (AD) and countervailing (CVD) duty investigations were filed on November 30 against imports from China and France of sodium gluconate (GNA), gluconic acid (GA), and close derivatives, liquid gluconate (LG)...more

CBP Takes Measures to Enforce Ban on Imports Made With Forced Labor and Sanctions for Forced North Korean Labor in Supply Chains

On November 22, 2017, Apple, Inc. (“Apple”) released a statement confirming reports that its major supplier in China, Foxconn Technology Group (“Foxconn”) has used illegal student labor to assemble the latest version of the...more

Say It Ain’t So Santa:  Court of International Trade Decision Increases Import Duties on Santa Claus Costume

by Kelley Drye & Warren LLP on

The Court of International Trade was not in the holiday spirit when it issued the decision in Rubie’s Costume Co. v. United States, Slip Op 17-147, which held that the imported Santa Claus suit cannot be considered a “festive...more

Ugh (or Ugg?), Another Trademark Dispute

UGG brand boots are a popular fixture on many holiday wish lists, but did you know that the UGG trademark has been the center of a dispute for the past decade? The comfortable sheepskin boots had a long history prior to their...more

Aluminum Imports Again Targeted by a New Trade Case

by Clark Hill PLC on

Chinese aluminum exports are again the target of a new U.S. trade action. On November 28, 2017, the Department of Commerce (Commerce) self-initiated antidumping (AD) and countervailing duty (CVD) investigations against...more

Does What Happens Outside the U.S. Stay Outside the U.S.?

As the economy continues to globalize, so too does the reach of antitrust law. Two recent cases illustrate the interaction between international trade and U.S. antitrust law: Biocad v. F. Hoffman-La-Roche Ltd. and In re...more

More Coffee Please: CBP Rules That Coffee’s Country Of Origin Is Determined By Where Beans Are Roasted — Not Where Raw Beans...

by Seyfarth Shaw LLP on

Seyfarth Synopsis: U.S. Customs & Border Protection recently issued a Final Determination that the coffee roasting process “substantially transforms” raw coffee for purposes of country-of-origin determinations and U.S....more

In Rare Move, Trump’s Commerce Secretary Self-Initiates Chinese Aluminum Trade Remedy Cases

by Kelley Drye & Warren LLP on

The U.S. Department of Commerce self-initiated antidumping and countervailing investigations of common alloy aluminum sheet from China on November 28. An accompanying fact sheet estimates dumping margins on the subject...more

CBP Holds That Roasting Changes Coffee’s Country Of Origin

by Fox Rothschild LLP on

In a recently issued Final Determination, U.S. Customs and Border Protection (CBP) confirmed that the roasting of coffee beans substantially transforms the beans into a product of the country in which the beans were...more

To Have and to Hold: Third Circuit Rules That Physical Possession of Goods Is Required Under Section 503(b)(9) of the Bankruptcy...

by Jones Day on

Since its enactment as part of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, section 503(b)(9) of the Bankruptcy Code has provided an important safety net for creditors selling goods to financially...more

UK publishes paper on Brexit and medicines regulation

by Hogan Lovells on

On the same day as the European Council voted to move the European Medicines Agency (EMA) from London to Amsterdam, the UK Parliament issued a briefing paper on Brexit and medicines regulation. ...more

Food, Dietary Supplement & Cosmetics Update | Vol. IV, Issue 7

by Jones Day on

USDA Inspector General Recommends Reform of AMS Organic Program for Imports - The USDA Inspector General ("IG") reviewed the Agricultural Marketing Service's ("AMS") process used in determining whether exporting...more

Santa Claus Costume Classified As “Fancy Dress” For Import Duty

by Fox Rothschild LLP on

Just in time for the holiday season, the U.S. Court of International Trade (“CIT”) recently held that certain components of a Santa Claus suit were of such quality that they should be subject to apparel duties, not the free...more

WTO Appellate Body Report: Indonesia – Import Licensing Regimes

by White & Case LLP on

...The WTO Appellate Body has ruled that certain import licensing measures maintained by Indonesia constitute impermissible import restrictions under Article XI:1 of the General Agreement on Tariffs and Trade (GATT) 1994....more

U.S. Employs Rarely Used Tool to Probe China IP Practices

As President Trump visits China, U.S. is investigating a longstanding issue in bilateral relationship—technology transfer/intellectual property requirements—that has potential implications for trade. U.S. business and...more

Important amendments were introduced into the export-import regulations of Uzbekistan

by Dentons on

On 6 November 2017, the Resolution of the President of the Republic of Uzbekistan “On measures for further liberalization of foreign trade activity and support of business entities” entered into force (the Resolution)....more

ITC Makes Recommendations in Solar Trade Case

by McGuireWoods LLP on

The fate of the U.S. solar industry is now (at least somewhat) in the hands of President Donald Trump. By Jan. 12, 2018, he must decide what action, if any, to take against overseas solar panel manufacturers whose imports are...more

A Primer on Canadian Sanctions Legislation

Canada, like other major jurisdictions, has introduced a broad range of economic and financial sanctions targeting foreign states and their nationals, as well as various terrorist organizations. Given that Canada is in...more

ITC Rules on SolarWorld/Suniva Investigation

by Dickinson Wright on

In spring of 2017, Suniva Inc. ("Suniva") and SolarWorld Americas, Inc. ("SolarWorld") (together, the "Petitioners"), filed Investigation No. TA-201-075 with the International Trade Commission (the "ITC") under Section 201 of...more

Federal Circuit Upholds ITC Exclusion Order

by Jones Day on

In Cisco Systems, Inc. v. ITC, No. 16-2563 (Fed. Cir. Sept. 28, 2017), the Federal Circuit affirmed the Commission’s exclusion order entered in Certain Network Devices, Related Software and Components Thereof (I), Inv. No....more

Congress Presses-On for Temporary Tariff Relief on Non-U.S. Made Goods by Year’s End

by Kelley Drye & Warren LLP on

The House Ways and Means Trade Subcommittee held a hearing on October 25th to discuss the new Miscellaneous Tariff Bill Process – overseen by the U.S. International Trade Commission with input from other federal agencies – to...more

ITC Proposes Tariffs in Solar Trade Case

by Foley & Lardner LLP on

After hearing days of arguments and considering dozens of filings from solar companies both opposed to and in support of trade action, the U.S. International Trade Commission (ITC) today recommended tariffs on imported solar...more

Red Notice Newsletter - October 2017

ANTICORRUPTION DEVELOPMENTS – Global Compliance Overhaul for SAP as DOJ and SEC Investigate Payments Allegedly Related to South African Government Contracts – On October 26, 2017, German software company SAP SE...more

Commerce Continues China’s Status as a Non-Market Economy

by Kelley Drye & Warren LLP on

On October 26, 2017, the Department of Commerce announced the results of an investigation concluding that China is a non-market economy (“NME”) country for purposes of Commerce’s antidumping analysis. Commerce’s decision...more

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