Customs and Trade Law Weekly Snapshot

Here is a recap of the latest customs and international trade law news:

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UFLPA DHS Guidance – What Importers Need to Know

On June 17,  2022, DHS published its long-awaited strategy guidance document which shed light on how UFLPA will be implemented, and what evidence may be provided to rebut the presumption that the goods were made with forced labor. This article provides an overview of the type of evidence importers should have readily available when importing goods into the United States. For general guidance on preventing the importation of goods produced with forced labor and how importers should audit their supply chain to ensure non-use of forced labor, please refer to our Bloomberg Law article, “U.S. Customs Targets Use of Forced Labor”.

UFLPA

The Uyghur Forced Labor Prevention Act (UFLPA) establishes a rebuttable presumption that goods mined, produced, or manufactured wholly or in part in the Xinjiang Province of China or by an entity on the UFLPA Entity List are prohibited from importation into the United States under 19 U.S.C. § 1307. However, if an Importer of Record can demonstrate by clear and convincing evidence that the goods in question were not produced wholly or in part by forced labor, fully respond to all CBP requests for information about goods under CBP review and demonstrate that it has fully complied with the guidance outlined in this strategy, the Commissioner of CBP may grant an exception to the presumption.

Clear and convincing evidence is a higher standard of proof than a preponderance of the evidence, and generally means that a claim or contention […]

Recap of the 2019 CBP Trade Symposium

U.S. Customs and Border Protection (CBP) held its annual Trade Symposium on July 23 – 24, 2019, in Chicago, IL. With over a thousand attendees, this year’s trade symposium provided a high-level overview of the Agency’s current stance on various issues and the need for stronger partnership between all stakeholders, including the trade community. DTL was on the ground meeting with CBP to get answers to our client’s questions and ensuring we keep our readers in the loop on CBP’s TOP trade priorities. The two-day event included panel discussions and one on one meetings with the Directors and Executive Directors other Centers of Excellence and Expertise, along with exhibitor booths that ranged from CBP Enforcement of Forced Labor, AD/CVD, and IPR to USDA and FDA. Here is a detailed recap of who, what, and when:

DAY ONE:

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Air Cargo Advanced Screening

Following September 11, 2001 commercial airlines’ vulnerability and appeal to terrorists became apparent. In 2002 the Department of Homeland Security was established solely to protect Americans from threats like these.

United States Customs and Border Protection (CBP) and the Transportation Security Administration (TSA) cooperate to facilitate safe travel and transportation into the United States. Under the current regulatory framework, TSA has responsibility for ensuring the security of the nation’s transportation of cargo by air into the United States while CBP has responsibility for securing the nation’s borders by preventing high-risk cargo from entering the US. […]

34,143 IPR Seizures in 2017, Sets Record!

The Department of Homeland Security (DHS) is tasked with the monitoring of and enforcement of intellectual property rights (IPR). In DHS’s annual report, it discusses over 11 million containers arriving at seaports, 10 million transported on land by trucks, 3 million transported by train, and another quarter billion express packages transported by mail and plane. This report serves delves the work done by DHS.

The DHS’ annual report investigates products that infringe US trademarks and copyrights or are subject to exclusion orders issued by the US International Trade Commission as it threatens the health and safety of American consumers and poses risks to our national interests.
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Does the U.S. Department of Homeland Security Make Us Safer?

I read a fascinating article entitled "HOMELAND SECURITY HASN'T MADE US SAFER" in the January/February issue of Foreign Policy magazine. The article criticized the massive spending of time and money by the U.S. Department of Homeland Security. Ms. Applebaum aimed her barbs right at the Transportation Security Administration (TSA) with the comment: "AS FOR THE TSA, I AM NOT AWARE OF A SINGLE BOMBER OR BOMB PLOT STOPPED BY ITS TIME-WASTING PROCEDURES." Is Ms. Applebaum stating something we all know already, is ignorant of the truth, or somewhere in between?

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