Perspectives on Customs & Import Compliance

On July 30, 2021, a notice of proposed rulemaking was published in the Federal Register with changes to two regulations that have the potential to materially affect the supply chains of products where manufacturing in the United States does not rise to the level of “substantial transformation.”

Withhold release order was issued that will prohibit imports of products produced in whole or part from silica produced by Hoshine Silicon Industry Co., Ltd. and its subsidiaries. This company has been linked to the largest global solar producers.

USTR is soliciting comments and has scheduled hearings regarding the potential imposition of Section 301 tariffs of up to 25% in response to the Digital Services Tax adopted by Austria, India, Italy, Spain, Turkey, and the United Kingdom.

Arent Fox Partner Angela Santos will speak as part of the webinar “Customs and Import 101.”

First sale appraisement currently remains a legally viable duty savings avenue, including for transactions with vendors in NMEs.

CBP is leveraging the EAPA to target various industries based on a suspicion of evading AD/CVD duties by aggressively scrutinizing imports potentially covered by an AD/CVD order.

If passed, these bills will grant US Customs and Border Protection authority for a region-wide WRO enabling the agency to detain all products from XUAR.

Changes are afoot for key industry sectors with complicated global supply chains.

Companies in the fashion, luxury, and agricultural spaces should take action in response to the forced labor supply chain due diligence requirements.

If your company has paid Section 301 duties on products of China included in List 3 and List 4(a), there may still be an opportunity to file a suit to potentially recover duties paid.

Calls for Significant Changes To Federal Domestic Preference Policy, Waivers, and Buy American Eligibility

Just two weeks into CY 2021, US Customs and Border Protection (CBP) is expanding its enforcement efforts against forced labor in China.

The Department of Homeland Security (DHS) blocked imports of cotton products from a major Chinese state-owned firm in the Xinjiang Uighur Autonomous Region (XUAR) on December 2, saying the company uses forced labor of ethnic Uighur Muslims.

On August 21, 2020, CBP issued new guidance providing an additional 45-day transition period for compliance with new marking requirements for goods produced in Hong Kong that are imported into the United States. This extends the transition period for companies to comply with the requirements from Se

Under the TFTEA, CBP has taken an increasingly enforcement-minded posture to prevent and penalize the importation of goods produced using forced labor into the United States.

As discussed previously, President Trump issued an Executive Order on July 14, 2020, concerning certain import and export trade requirements between the US and China.

Because of the time needed to mark, pack, and ship goods from Hong Kong to the US, it is imperative that importers act quickly to ensure compliance with this new requirement.

On July 16, 2020, the Federal Trade Commission (FTC) published a proposed rule for “Made in the USA” (MUSA) claims for labels in the United States.

In view of the recent action taken by President Trump in an Executive Order regarding Hong Kong’s status, US importers should prepare for increased risk exposure in US-Hong Kong trade.

Certain products from France, including leather handbags, and certain beauty preparations and soaps, will soon become pricier. Following a disagreement over how to tax US tech companies in France, the US Trade Representative has imposed additional duties of 25 percent on French goods, effective Janu

By the time you open this alert, the USMCA will have been formally and officially launched. These are still early days and there remains much to be clarified by pending rulemaking.

In an April 20, 2020 message to the trade community, US Customs and Border Protection (CBP) released the long-awaited United States–Mexico–Canada Agreement (USMCA) Interim Implementing Instructions (CBP Instructions).

Appendix I, Automotive Rules of Origin and Procedures, to the CBP Instructions provides guidance on the USMCA automotive rules of origin by incorporating the appendix to Chapter 4 of the USMCA Implementation Act.

Any importer who claims preferential tariff treatment under the Agreement for a good imported into the United States from a USMCA country must keep the following documentation for a period of no less than five years from date of entry:

The USMCA permits CBP to verify whether a good entered with a claim for preferential tariff treatment qualifies as originating by written request, or questionnaire; a visit to the premises of the exporter or producer; and any other procedure that may be decided by the Parties.