US Government agencies have announced concurrent reviews of the Section 301 and Section 232 tariffs, which may result in changes to the current tariff rates and product lists in the coming months. At the end of this report is...more
Watch Out, More Things Are Luxury Than You Think!
On March 11, 2022, the President issued Executive Order 14068 (EO 14068) Prohibiting Certain Imports, Exports, and New Investment with Respect to Continued Russian...more
3/15/2022
/ Belarus ,
Economic Sanctions ,
Energy Sector ,
EU ,
Executive Orders ,
Export Administration Regulations (EAR) ,
Exports ,
Imports ,
Most-Favored Nations ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
SDN List ,
Trade Restrictions ,
U.S. Treasury ,
Ukraine
In December 2021, Canada announced plans to impose a digital services tax, or DST. A few days later, the Office of the US Trade Representative (USTR) expressed opposition indicating that if Ottawa were to pursue this plan,...more
On January 24, 2022, The US Department of Homeland Security (DHS), on behalf of the Forced Labor Task Force (Task Force), published a Federal Register Notice to request public comments regarding the implementation of the...more
The New York State Fashion Sustainability and Social Accountability Act (S7428/ A8352) (Fashion Act) would require fashion retailers and manufacturers doing business in New York State to comply with stringent supply chain...more
US importers should participate in the Task Force's comment and hearing process to flag due diligence challenges and formulate the strategy to enforce the import prohibitions.
What to Know -
Effective June 21, 2022, 180...more
1/6/2022
/ China ,
Customs and Border Protection ,
Detention ,
Enforcement ,
Export Administration Regulations (EAR) ,
Forced Labor ,
Human Rights ,
Importers ,
Office of Foreign Assets Control (OFAC) ,
Tariff Act of 1930 ,
Uyghur Forced Labor Prevention Act (UFLPA)
In this video episode of Fashion Counsel, Arent Fox Fashion & Retail Leader Anthony Lupo speaks with Consumer Products and Fashion & Retail Partner Angela Santos to discuss how companies can reduce import duties and prevent...more
An overhaul of the Harmonized Tariff Schedule of the United States (HTSUS) will occur in early 2022 to align with the World Customs Organization (WCO) Harmonized Commodity Description and Coding System (HS) updates scheduled...more
In this installment of the Five Questions, Five Answers podcast, Director of North American Manufacturing Birgit Matthiesen, Partner Angela Santos, and Associate Christine Hintze discuss the impact of US Customs' crackdown on...more
Brands Must Ensure Forced Labor is Not Used and Environmental Claims are Accurate -
In response to consumer demand, the fashion industry has embraced Environmental, Social, Governance (ESG) sourcing, including...more
11/5/2021
/ Child Labor ,
Corporate Social Responsibility ,
Customs and Border Protection ,
Environmental Social & Governance (ESG) ,
Fashion Branding ,
Fashion Industry ,
Federal Trade Commission (FTC) ,
Forced Labor ,
Goods or Services ,
Green Guides ,
Human Rights ,
Human Trafficking ,
Imports ,
Product Labels ,
Risk Mitigation ,
Slavery ,
Supply Chain ,
Sustainable Business Practices
In the first installment of the Five Questions, Five Answers podcast, Director of North American Manufacturing Birgit Matthiesen breaks down the First Sale Rule with Customs & Import Compliance Partner Angela Santos.
Today's...more
On October 5, 2021, the United States Trade Representative (USTR) announced the Biden Administration’s highly-anticipated China trade policy, including a comment request process that will be used to determine whether Section...more
CBP Adds Second Forced Labor Investigations Branch and DHS Publishes Timeline for Actions -
Importers should be prepared for increased forced labor actions (including new Withhold Release Orders and product import bans)...more
10/1/2021
/ Africa ,
Child Labor ,
Customs and Border Protection ,
Department of Homeland Security (DHS) ,
Due Diligence ,
Forced Labor ,
Importers ,
Latin America ,
Middle East ,
Supply Chain ,
Withhold Release Orders (WROs)
On July 2, 2021, the U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) issued a Federal Register Notice announcing that additional plant and plant products (including certain wood-based...more
In the latest WorldSmart podcast, International Co-Chairs Hunter Carter and Malcolm McNeil sit down with Customs & Import Compliance Partner Angela Santos to discuss the global forced labor problem, how forced labor can...more
Senate passage of the Uyghur Forced Labor Prevention Act, issuance of the updated Xinjiang Supply Chain Business Advisory, and other recent government action may indicate that all products produced in whole or part in XUAR...more
Forced Labor Enforcement Continues to Escalate as Commerce Restricts Exports to 5 Additional PRC Companies -
Withhold release order was issued that will prohibit imports of products produced in whole or part from silica...more
6/28/2021
/ Biden Administration ,
Child Labor ,
China ,
Customs and Border Protection ,
Department of Labor (DOL) ,
Economic Sanctions ,
Export Administration Regulations (EAR) ,
Exports ,
Forced Labor ,
Human Rights ,
Imports ,
Solar Energy ,
Supply Chain ,
US State Departments ,
Withhold Release Orders (WROs)
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...more
4/6/2021
/ Biden Administration ,
Digital Services Tax ,
EU ,
Exports ,
Imports ,
International Trade ,
Section 301 ,
Tariffs ,
UK ,
US Trade Policies ,
USTR ,
WTO
First sale appraisement currently remains a legally viable duty savings avenue, including for transactions with vendors in NMEs.
On March 1, 2021, Judge Thomas J. Aquilino, Jr. of the US Court of International Trade (CIT)...more
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.
On March 4, 2021, US Customs and Border...more
Review Your Supply Chain and Establish Compliance Plans Because Forced Labor Laws are Here to Stay -
If passed, these bills will grant US Customs and Border Protection authority for a region-wide WRO enabling the agency...more
3/5/2021
/ China ,
Customs and Border Protection ,
Department of Homeland Security (DHS) ,
Economic Sanctions ,
Enforcement Actions ,
Forced Labor ,
Global Magnitsky Act ,
Imports ,
International Emergency Economic Powers Act (IEEPA) ,
Proposed Legislation ,
Securities and Exchange Commission (SEC) ,
Supply Chain ,
Tariff Act of 1930 ,
Withhold Release Orders (WROs)
Companies in the fashion, luxury, and agricultural spaces should take action in response to the forced labor supply chain due diligence requirements Customs recently announced in connection with withhold release orders (WRO)...more
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.
On February 5, 2021, the US Court of...more
Calls for Significant Changes To Federal Domestic Preference Policy, Waivers, and Buy American Eligibility -
President Biden signed an executive order (order or EO) on January 25, 2021, to direct more spending of the...more
2/2/2021
/ Biden Administration ,
Buy American Act ,
Department of Defense (DOD) ,
Department of Transportation (DOT) ,
Electric Vehicles ,
Enforcement Actions ,
Executive Orders ,
False Claims Act (FCA) ,
Federal Acquisition Regulations (FAR) ,
Final Rules ,
Made in the USA ,
OMB ,
Trade Agreements Act ,
Waivers ,
Zero-Emission Vehicles
Just two weeks into CY 2021, US Customs and Border Protection (CBP) is expanding its enforcement efforts against forced labor in China.
This follows months of increasing pressure from labor and human rights groups and...more