A recent Ninth Circuit decision underscores why importers should be worried that they will be hit with a large government bill under the False Claims Act (FCA) to pay for newly raised duties imposed on imported products. The...more
7/9/2025
/ Anti-Dumping Duty ,
Appeals ,
China ,
Customs ,
Enforcement Actions ,
False Claims Act (FCA) ,
Imports ,
International Trade ,
Judicial Authority ,
Jurisdiction ,
Penalties ,
Scienter ,
Tariffs
Less than five months into the new administration, we have already seen more than 50 tariff proclamations. With new tariffs being proposed, imposed, revoked, suspended, and sometimes reimposed, it can be difficult for...more
6/5/2025
/ China ,
Imports ,
International Emergency Economic Powers Act (IEEPA) ,
International Trade ,
Multinationals ,
Popular ,
Section 232 ,
Supply Chain ,
Tariffs ,
Trade Relations ,
Trump Administration
One of the most common questions we get from clients is, “What is the future of the Trump administration’s tariff strategy?” With President Trump having issued over 50 tariff proclamations — a six-month sprint of more major...more
Share on Twitter Print Share by Email Share Back to top The recent announcement of a pause in the rollout of reciprocal tariffs has created some confusion — and some hope — for multinationals and importers around the world....more
4/14/2025
/ Automotive Industry ,
China ,
Imports ,
International Emergency Economic Powers Act (IEEPA) ,
International Trade ,
Mexico ,
Multinationals ,
Retaliatory Tariffs ,
Risk Management ,
Supply Chain ,
Tariffs ,
Trump Administration ,
United States-Mexico-Canada Agreement (USMCA) ,
US Trade Policies
On April 3, 2025, President Trump issued the full details of the automotive tariffs, including the exact Harmonized Tariff Schedule (HTS) subheadings to which the automotive tariffs apply. This completed the implementation of...more
4/14/2025
/ Automotive Industry ,
China ,
Customs and Border Protection ,
Foreign Trade Zones ,
Imports ,
International Emergency Economic Powers Act (IEEPA) ,
International Trade ,
Supply Chain ,
Tariffs ,
Trump Administration ,
U.S. Commerce Department ,
United States-Mexico-Canada Agreement (USMCA) ,
US Trade Policies
On April 2, 2025, President Trump implemented the steepest American tariffs in over a century. The implications for numerous multinational companies — including importers, manufacturers, distributors, and retailers — will be...more
4/4/2025
/ Anti-Dumping Duty ,
Automotive Industry ,
China ,
Compliance ,
Corporate Counsel ,
Countervailing Duties ,
Country of Origin ,
Customs and Border Protection ,
Distributors ,
Imports ,
International Trade ,
Manufacturers ,
Multinationals ,
Retailers ,
Supply Chain ,
Tariffs ,
Trump Administration ,
United States-Mexico-Canada Agreement (USMCA) ,
US Trade Policies
In less than 100 days, the Trump administration has implemented a dizzying array of new tariffs, significantly increasing costs and complexity for U.S. importers. The administration is keenly aware that companies operating in...more
3/26/2025
/ China ,
Criminal Prosecution ,
Customs and Border Protection ,
Department of Justice (DOJ) ,
Enforcement Actions ,
False Statements ,
Foreign Trade Regulations ,
Imports ,
International Emergency Economic Powers Act (IEEPA) ,
Regulatory Requirements ,
Risk Management ,
Risk Mitigation ,
Smuggling ,
Tariffs ,
Trump Administration ,
Voluntary Disclosure ,
Whistleblowers ,
White Collar Crimes ,
Wire Fraud
Although we are only two months into the new administration, we have seen a dizzying array of new tariffs that have been proposed, imposed, revoked, suspended, and sometimes reimposed. It can be difficult for importers to...more
3/20/2025
/ Canada ,
China ,
International Trade ,
Mexico ,
Popular ,
Risk Management ,
Section 232 ,
Section 301 ,
Supply Chain ,
Tariffs ,
Trump Administration
As Trump seeks to raise U.S. tariffs (which currently tend to be among the lowest worldwide), manufacturers, distributors, retailers, and other companies that frequently import (“importers”) must determine the best strategy...more
2/18/2025
/ China ,
Compliance ,
Customs and Border Protection ,
Forced Labor ,
Human Trafficking ,
Imports ,
Risk Management ,
Supply Chain ,
Tariffs ,
Trade Wars ,
Trump Administration ,
US Trade Policies ,
Uyghur Forced Labor Prevention Act (UFLPA)
During his campaign, President Trump often stated that he would be implementing an “America First” international trade policy, which he said explicitly would include higher tariffs, potentially on imports from the entire...more
1/24/2025
/ America First Trade Policy ,
China ,
Corporate Counsel ,
Export Controls ,
Free Trade Agreements ,
Imports ,
National Security ,
Section 301 ,
Supply Chain ,
Tariffs ,
Trade Policy ,
Trade Relations ,
Unfair or Deceptive Trade Practices ,
United States-Mexico-Canada Agreement (USMCA) ,
USTR
The U.S. Department of Commerce’s Bureau of Industry and Security (BIS) has promulgated a Final Rule prohibiting the import and sale of connected vehicles and related components linked to the People’s Republic of China (PRC)...more
1/16/2025
/ Automation Systems ,
Automotive Industry ,
Bureau of Industry and Security (BIS) ,
China ,
Compliance ,
Cybersecurity ,
Final Rules ,
National Security ,
OEM ,
Regulatory Requirements ,
Russia ,
Supply Chain ,
Transparency ,
U.S. Commerce Department
The expected focus on tariffs and supply chain issues by the Trump administration presents significant risks for frequent importers. Determining the best strategy to deal with potential import uncertainties are muddled by...more
1/9/2025
/ Anti-Dumping Duty ,
China ,
Compliance ,
Countervailing Duties ,
Customs and Border Protection ,
Free Trade Zone ,
Government Agencies ,
Section 301 ,
Supply Chain ,
Tariffs ,
Trade Relations ,
Trump Administration ,
United States-Mexico-Canada Agreement (USMCA) ,
Uyghur Forced Labor Prevention Act (UFLPA)
The U.S. government has increasingly emphasized the importance of supply chain integrity, particularly in relation to eliminating forced labor. U.S. policymakers are actively passing legislation, including the Uyghur Forced...more
12/5/2024
/ Automotive Industry ,
China ,
Compliance ,
Customs and Border Protection ,
Due Diligence ,
Forced Labor ,
Human Trafficking ,
Multinationals ,
Regulatory Requirements ,
Supply Chain ,
Uyghur Forced Labor Prevention Act (UFLPA)
Share on Twitter Print Share by Email Share Back to top On September 26, 2024, the Department of Commerce’s Bureau of Industry and Security (BIS) published a Notice of Proposed Rulemaking that, if finalized, would prohibit...more
10/11/2024
/ Automotive Industry ,
Bureau of Industry and Security (BIS) ,
China ,
Compliance ,
Data Collection ,
Driverless Cars ,
Due Diligence ,
Export Controls ,
Foreign Adversaries ,
Hardware ,
International Trade ,
Proposed Rules ,
Recordkeeping Requirements ,
Russia ,
Software ,
Supply Chain ,
Vulnerability Assessments
We have received multiple requests to provide guidance regarding the critically important area of the Uyghur Forced Labor Prevention Act (UFLPA). Because of the recency of the UFLPA, which went into effect on June 21, 2021,...more
1/18/2024
/ China ,
Customs and Border Protection ,
Due Diligence ,
Forced Labor ,
Goods or Services ,
Human Rights ,
Importers ,
Imports ,
Popular ,
Risk Mitigation ,
Supply Chain ,
Trade Restrictions ,
US Trade Policies ,
Uyghur Forced Labor Prevention Act (UFLPA)
The United States Customs and Border Protection (CBP) prioritizes enforcing rules against the use of forced labor and human trafficking. The CBP’s ramped-up enforcement of the Uyghur Forced Labor Prevention Act (UFLPA) is...more
11/28/2023
/ China ,
Code of Conduct ,
Compliance ,
Customs and Border Protection ,
Due Diligence ,
Enforcement ,
Entity List ,
Forced Labor ,
Importers ,
International Labor Organization (ILO) ,
Investigations ,
NGOs ,
Supply Chain ,
Uyghur Forced Labor Prevention Act (UFLPA) ,
Withhold Release Orders (WROs)
On December 8, 2022, the U.S. Department of Commerce (“USDOC”) published its preliminary determination that certain manufacturers of solar energy products in Malaysia, Vietnam, Thailand, and Cambodia that rely on...more
As the global economy faces the third year of the pandemic, manufacturers are no longer focused on figuring out when things will return to “normal.” Instead, they are applying lessons learned from the past few years to become...more
7/7/2022
/ Artificial Intelligence ,
Audits ,
BPA ,
China ,
Climate Change ,
Compliance ,
Consumer Product Safety Commission (CPSC) ,
Copyright ,
Coronavirus/COVID-19 ,
Customs and Border Protection ,
Disclosure Requirements ,
Due Diligence ,
Environmental Social & Governance (ESG) ,
Ethics ,
False Advertising ,
Food and Drug Administration (FDA) ,
Greenhouse Gas Emissions ,
Greenwashing ,
Human Rights ,
ICFR ,
Internet of Things ,
Investment ,
Liability ,
Machine Learning ,
Manufacturers ,
Mexico ,
Model Contract Clauses ,
NLRA ,
NLRB ,
Office of Foreign Assets Control (OFAC) ,
Patents ,
PFAS ,
Popular ,
Proposed Rules ,
Remote Working ,
Risk Management ,
Securities Act of 1933 ,
Securities and Exchange Commission (SEC) ,
Supply Chain ,
Supply Shortages ,
Sustainability ,
Task Force on Climate-related Financial Disclosures (TCFD) ,
Trade Secrets ,
Unions ,
United States-Mexico-Canada Agreement (USMCA) ,
Uyghur Forced Labor Prevention Act (UFLPA)
Earlier this week, the United States, the European Union, Britain, and Canada imposed sanctions on several Chinese officials for human rights abuses against the Uyghur minority in China’s Xinjiang Uyghur Autonomous Region...more
3/25/2021
/ Canada ,
China ,
Economic Sanctions ,
EU ,
Exports ,
Forced Labor ,
Human Rights ,
Office of Foreign Assets Control (OFAC) ,
U.S. Commerce Department ,
U.S. Treasury ,
UK
This white paper lays out a twelve-step program for dealing with the Trump administration trade war, both for importers who are dealing with special tariffs and the sharp increase in antidumping and countervailing duty...more
6/13/2019
/ Aluminum Sales ,
Anti-Dumping Duty ,
China ,
Countervailing Duties ,
Exclusions ,
Exports ,
Free Trade Agreements ,
Imports ,
Risk Management ,
Section 232 ,
Section 301 ,
Steel Industry ,
Tariffs ,
Trade Policy ,
Trade Relations ,
Trade Wars ,
Trump Administration ,
US Trade Policies
Welcome to Foley’s new Manufacturing MarketTrends newsletter. In each edition, we will highlight key trends to watch out for in 2019, making it a year of change for manufacturers. ...more
4/18/2019
/ China ,
Cybersecurity ,
Due Diligence ,
Economic Sanctions ,
Manufacturers ,
North Korea ,
Office of Foreign Assets Control (OFAC) ,
Section 301 ,
Supply Chain ,
Tariffs ,
US Trade Policies
The automotive sector is getting a quick primer on the various ways in which the international trade laws can target automotive imports. In addition to the announcement of a potential Section 232 tariffs or other trade...more
8/13/2018
/ Automotive Industry ,
China ,
Exclusions ,
Force Majeure Clause ,
Imports ,
Notice Requirements ,
Presidential Memorandum ,
Section 301 ,
Supply Chain ,
Tariffs ,
Trade Relations ,
Trump Administration ,
US Trade Policies ,
USTR
Listening to companies that predicted chaos within their supply chains if there were not some kind of exemption process for the Section 301 tariffs, the U.S. Trade representative has announced a process for importers to...more
7/18/2018
/ Automotive Industry ,
China ,
Exclusions ,
Force Majeure Clause ,
Imports ,
Notice Requirements ,
Presidential Memorandum ,
Section 301 ,
Supply Chain ,
Tariffs ,
Trade Relations ,
Trump Administration ,
US Trade Policies ,
USTR
If private equity and other investors were not aware of the power of the secretive Committee on Foreign Investment in the United States (CFIUS, or the Committee), its decision to reach out and quash the potential...more
4/18/2018
/ Acquisitions ,
Blocked Mergers ,
Broadcom ,
CFIUS ,
China ,
FINSA ,
FIRRMA ,
Foreign Investment ,
Hostile Takeover ,
Infrastructure ,
Intellectual Property Protection ,
ITAR ,
Mergers ,
National Security ,
Qualcomm ,
Section 301 ,
Tariffs ,
Trade Expansion Act of 1962 ,
Trump Administration
The international trade front has had some important developments over the last few weeks that will likely have significant impacts on the construction of domestic wind, solar, biomass and other types of renewable energy...more
3/12/2018
/ China ,
Countervailing Duties ,
Department of Defense (DOD) ,
Imports ,
NAFTA ,
National Security ,
Section 232 ,
Steel Industry ,
Tariffs ,
Trade Policy ,
Trump Administration ,
WTO