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Latest UFLPA Entity List Updates: Compliance and Challenges

On May 16, 2024, the Biden administration added 26 Chinese companies to the Uyghur Forced Labor Prevention Act (“UFLPA”) Entity List, primarily targeting the textile industry. This action reflects ongoing efforts to enforce supply chain transparency and address forced labor concerns. For businesses importing goods from China, these developments highlight the need for rigorous compliance and due diligence. Below is […]

USTR Announces New Section 301 Tariffs on Chinese Products

    In a move that underscores ongoing tensions between the United States and China, the Office of the U.S. Trade Representative (“USTR”) announced on May 14, 2024 its intention to add or increase tariffs on select Chinese-origin products.  Accompanying the USTR announcement is a 193-page report assessing the effectiveness of Section 301 tariffs.  While acknowledging some progress in curbing […]

USITC investigating economic impact of Section 232 and 301 tariffs

In addition to the U.S. Trade Representative’s (USTR)  mandatory administrative review of the effectiveness and impact of the Section 301 tariffs, the U.S. International Trade Commission (USITC) announced last month that it is initiating an investigation on the economic impact of Section 232 and Section 301 tariffs. The Consolidated Appropriations Act enacted on March 15, 2022, directed the USITC to […]

CIT Grants Preliminary Injunction in Section 301 Litigation

Great news out of the CIT! Earlier this week, on July 6, the Court of International Trade granted the Section 301 Plaintiffs’ motion for a preliminary injunction. The granting of the preliminary injunction suspending liquidation of unliquidated entries subject to the contested tariffs is an important victory for all the Section 301 plaintiffs. The preliminary injunction and the requirements set forth […]

Section 301 CIT Litigation Update

Since September 2020, approximately 3,600 similar lawsuits challenging the Section 301 duties on imports from China have been filed in the U.S. Court of International Trade (“CIT”). Accordingly, in October 2020, the U.S. Department of Justice (“DOJ”) filed a motion before the CIT requesting the court implement several case management processes, such as the designation of the HMTX Industries case […]

What are Customs Brokers, Freight Forwarders, and NVOCCs?

 What is a Customs broker?      Customs brokers are private individuals, partnerships, associations, or corporations licensed, regulated, and empowered by U.S. Customs and Border Protection (CBP) to assist importers and exporters in meeting Federal requirements governing imports and exports. Brokers submit necessary information and appropriate payments to CBP on behalf of their clients and charge them a fee for this service.       […]

“Liability Kits” for Customs Brokers, Freight Forwarders and NVOCCs

It is essential for companies to have accessible Terms and Conditions (T&C) for the customer to ensure enforceability against any liability. In the shipping industry, you are responsible for making customers aware of Terms and Conditions by either publishing access to them in the bill of lading or in an e-mail correspondence. Terms & Conditions are a valuable tool in […]

FMC Increases Penalties for Shipping Act Violations

The Federal Maritime Commission has increased the maximum penalties assessed for statutory violations effective January 15, 2021, as required by the Federal Civil Penalties Inflation Adjustment Act of 2015. The increases are tied to the rate of inflation. Maximum penalties for knowing and willful violations of the Shipping Act increased to USD 61,820, from USD 61,098. Maximum penalties for violations that are […]

Opportunities to File 301 Refund Claims Still Open

In our September 15, 2020 Blog we encouraged the expeditious filing of List 3 Section 301 refund claims in order to accommodate the tightest possible statute of limitations (“SOL”) interpretation, i.e. two years after announcement of the duty imposition. Importers  were urged to file, in the Court of International Trade, their claims that the United States had exceeded its authority […]

New Section 301 Investigation: Vietnam, October 2020

On Friday October 2nd, 2020 the U.S. Trade Representative (USTR) announced that it is initiating an investigation under Section 301 of the 1974 Trade Act addressing two issues with respect to Vietnam-U.S. trade.  The USTR will investigate Vietnam’s policies and practices related to: 1.  The import and use of timber that is allegedly illegally harvested or traded, and 2. Acts that may […]