trade war Archives | Customs & International Trade Law Blog

An Introduction to Safeguard Investigations

What is Section 201 ?

Section 201 of the Trade Act of 1974 provides import relief measures (also known as Safeguards) for domestic industries. The measures provide temporary relief for U.S. industries when competitor imports increase so significantly that they cause serious injury or threat to the domestic industry. The Safeguard measures are temporary – they allow the U.S. President to raise import duties or impose nontariff barriers on goods entering the United States for a limited period so that domestic industry is given sufficient time to adjust to the competition.

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By Jennifer Diaz|2021-10-07T14:57:11-04:00May 6, 2021|Best Practices, China Trade War, Customs Expert, Enforcement, Export, Import, International Business, International Law, International Trade, U.S. Customs and Border Protection (CBP), U.S. Trade Representative (USTR)|1 Comment

Future of First Sale Rule in Question

On March 1, 2021, the Court of International Trade (CIT) denied Meyer Corporation’s claim for duty-free treatment under its attempted use of the first sale valuation and the Generalized System of Preferences (GSP), in Meyer Corporation, U.S. v. United States, Court No. 13-00154 (Meyer). This case sent a ripple through the trade-community as many speculate whether the decision signals an end of first sale for non-market countries.

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By Jennifer Diaz|2021-10-12T14:39:20-04:00April 6, 2021|Best Practices, China, China Trade War, Customs Expert, Enforcement, Export, Import, Import Alert, International Business, International Law, International Trade|1 Comment

Recent Government Data Indicates that Florida Trade is Rebounding Fast Despite Pandemic Hit

COVID-19’s Impact on the Global Economy

The COVID-19 pandemic has had systemic implications for nearly every facet of our lives and society. The world of international trade is certainly no exception. Businesses and governments alike have had to figure out how to continue import and export operations while accounting for the risks present in the current trading climate. Challenges that importers and exporters have faced include: 1) dramatic demand spikes for certain goods, 2) equally dramatic crashes in demand for other goods, 3) significant back-ups of inflowing shipments at key ports, 4) an increase in trade restrictions and other barriers to trade, and 5) contractions in trade volumes, just to name a few.

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By Jennifer Diaz|2021-10-12T14:44:52-04:00March 17, 2021|Best Practices, China Trade War, Customs Expert, Enforcement, Export, Import Alert, International Business, International Law, International Trade, U.S. Customs and Border Protection (CBP)|1 Comment

Hong Kong’s Initiates Dispute Regarding U.S.-Origin Marking Requirement

What Happened

On October 30, 2021, Hong Kong, China requested consultations with the United States regarding U.S. measures affecting origin markings on goods imported from Hong Kong to the United States. On November 24, 2020, the United States and Hong Kong held consultations on the matter. On January 14, 2021, Hong Kong requested the World Trade Organization (“WTO”) to establish a dispute settlement panel. In response, the WTO established a dispute settlement panel on February 22, 2021.

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By Jennifer Diaz|2021-10-12T14:47:08-04:00March 12, 2021|China, China Trade War, Customs Expert, Enforcement, Export, International Business, International Law, International Trade|Comments Off

Biden Executive Order Strengthens Buy American Government Procurement Laws

Biden Signs Executive Order Strengthening Buy American Laws

Buy American laws are a set of statutes, regulations, rules, and Executive Orders that require that the U.S. federal government require or provide preferences for purchasing goods produced in the United States. Buy American laws were created and continue to be amended with the intention of promoting economic and national security, stimulating economic growth, creating good jobs at decent wages, and supporting the U.S. manufacturing and defense industrial bases.

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By Jennifer Diaz|2021-10-12T14:50:09-04:00March 9, 2021|Best Practices, China Trade War, Customs Expert, Enforcement, Events, Export, Import, Import Alert, International Business, International Law, International Trade, U.S. Customs and Border Protection (CBP)|Comments Off

Building a Strong Export Compliance Plan

Exporting is a Privilege, Not a Right

Over 95% of the world’s consumers are outside of the United States. Opportunities abound for U.S. companies that export. However, exporting is a privilege and not a right. U.S. exporters have an important responsibility to adhere to U.S. export control laws, including the Export Administration Regulations (“EAR”), the International Traffic in Arms Regulations (“ITAR”) the Office of Foreign Assets Control (“OFAC”) sanctions laws, and the Foreign Corrupt Practices Act (“FCPA”). Violations of export control laws carry hefty civil and criminal penalties. Exporters can pay hundreds of thousands of dollars in penalties, lose export privileges, and even be imprisoned for violations of U.S. export control laws.

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By Jennifer Diaz|2021-10-12T14:54:23-04:00February 23, 2021|China, China Trade War, Cuba, Export, FCPA, Freight Forwarding, International Trade, IRAN, U.S. Bureau of Industry and Security (BIS), U.S. Office of Foreign Assets Control (OFAC)|1 Comment

FTC issues a Record Breaking $1.2 Million Penalty

Chemence Inc., a glue maker, is once again in a sticky situation with The Federal Trade Commission (FTC) for allegedly making deceptive claims that its products are made in the United States. In a proposed Consent Order, Chemence agreed to pay $1.2 million for its violation of the FTC Act for violating a 2016 federal court order to cease deceptive marketing tactics, as well as mandated an annual compliance report. The FTC now seeks Public Comment on the proposed consent agreement. The comment period closes on February 8, 2021. Thereafter, FTC will decide whether it should withdraw from the agreement or make it final and force Chemence to pay the $1.2 million penalty.

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By Jennifer Diaz|2022-07-07T12:28:48-04:00January 26, 2021|Best Practices, China Trade War, Customs Expert, Enforcement, Export, Import, Import Alert, International Business, International Law, International Trade, Pre-compliance|Comments Off

Continuing Education for Licensed Customs Brokers – Comments Due December 28, 2020

Background

Section 641 of the Tariff Act of 1930 provides that individuals and business entities must hold a valid customs broker’s license and permit to transact customs business on behalf of others. The statute also sets forth standards for the issuance of broker licenses and permits; provides for disciplinary action against brokers in the form of suspension or revocation of such licenses and permits; and provides for the assessment of monetary penalties against other persons for conducting customs business without the required broker’s license. Section 641 also authorized the Secretary of the Treasury to prescribe rules and regulations relating to the customs business of brokers as may be necessary to protect importers and the revenue of the United States.

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By Jennifer Diaz|2021-10-12T15:19:56-04:00December 14, 2020|Best Practices, China Trade War, Customs Expert, Enforcement, Import, International Business, International Law, International Trade, U.S. Customs and Border Protection (CBP)|Comments Off

Election 2020: Trump v. Biden on Trade

Introduction
The 2020 election is one for the record books. At the time of this writing, states have adapted at least in part to mail-in voting systems and voter turnout is booming despite the ongoing public health emergency. There’s another less obvious reason why the 2020 election is unique: it may be the first election in which U.S. trade policy has been a key issue on the debate stage. What does Trump’s record on trade look like? How do Trump and Biden’s trade platforms compare? We will discuss each of these issues, in turn.

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By Jennifer Diaz|2021-10-20T15:16:56-04:00November 3, 2020|China Trade War, Customs Expert, Election 2020, International Business, International Law, International Trade|1 Comment

An Introduction to U.S. Trade Databases

Introduction

There are many factors that U.S. exporters and importers should be conscious of in their operations – including trade and customs laws, foreign market opportunities, changes in commodity prices, and currency fluctuations – just to name a few. However, one vital consideration that exporters and importers alike often overlook is trade flows. A firm’s ability to analyze and keep a pulse on trade data pertaining to that company’s product category can provide that exporter or importer with a clear vision of what’s actually happening. This perspective can empower a firm to optimize its operations and gain an edge against competitors. For example, U.S. importers who regularly track and analyze trade data can gain an understanding of how tariff and non-tariff barriers affect imports. Similarly, U.S. exporters can track and analyze trade data to glean vital intelligence about opportunities in foreign markets. In doing so, U.S. exporters can gain an understanding of which markets their U.S. competitors are selling to and which countries demand is quickly increasing. Analyzing trade data is the first step to developing a sound import or export market strategy. However, doing so once is not enough. Importers and exporters should have a regular practice of tracking trade flow developments and restructuring operations based on what the data reveals. Such a nimble posture can truly empower businesses trading internationally.

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