The laws and regulations governing international trade are especially complex and can be overwhelming for companies doing business across national borders. The rapidly expanding global marketplace, however, has made compliance more important than ever. Failure to heed these laws can have serious and lasting consequences as dire as criminal charges against the company and individual employees.
The International Trade Law Compass is a blog that offers a steady stream of updates on a broad range of international trade issues, including customs/import compliance, export controls and sanctions, the Foreign Corrupt Practices Act (FCPA) and cross-border contracts.
Recent Blog Posts
- Alert: What U.S. Companies Need To Know About Renewed Iran Sanctions On May 8, President Trump announced that the United States would withdraw from the Iran nuclear deal completed in 2015, otherwise known as the Joint Comprehensive Plan of Action (JCPOA). The scuttling of the deal re-imposes sanctions on the country that had been suspended as part of the agreement. In an Alert published Thursday, partner Nevena Simidjiyska examines this development and the specific sanctions involved, and discusses its impact on U.S. companies doing business with Iran. Pursuant to the JCPOA, which... More
- Fed. Circuit Reverses ITC on Substantial Transformation for AD and CVD Goods In a recent decision, the Federal Circuit reversed a holding by the US Court of International Trade (“ITC”) and held that the US Department of Commerce (“Commerce”) should perform a substantial transformation analysis to determine the country of origin before applying circumvention analysis. The case centered on 2010 Antidumping (“AD”) and Countervailing Duties (“CVD”) Orders (the “Order”) regarding the importation of oil country tubular goods (“OCTG”) from China. Generally, OCTG are steel tubes used in the drilling and extracting oil. The... More
- Vietnamese Fish Producers Challenge Antidumping Duty Rates In an earlier post, we examined the U.S. Court of International Trade’s (CIT) opinion in which it sustained the U.S. Department of Commerce’s (“Commerce”) shift of position on antidumping duties for frozen fish fillets from Vietnam. Two recently filed complaints brought before the CIT, however, have challenged Commerce’s application of antidumping duties to certain separate-rate respondents. The plaintiffs in the respective complaints, various Vietnamese fish fillet producers, allege that Commerce has improperly assigned them a duty rate from an outdated, prior... More
- Section 232 Steel and Aluminum Tariffs: Product-Specific Exclusions On March 19, 2018, the Department of Commerce published procedures for product-specific exclusions from the Section 232 tariffs on steel and aluminum products, and has begun to accept exclusion requests. Each exclusion request will be available for public comment for 30 days after filing. After the 30-day public comment period, the Department of Commerce will review the exclusion request and any objections, and will make a determination. According to Commerce, processing of exclusion requests will normally not exceed 90 days. ... More
- Section 232 Steel and Aluminum Tariffs: Country-Wide Exemptions On March 8, 2018, the President of the United States issued two Presidential Proclamations announcing the imposition of tariffs on imported steel and aluminum products under Section 232 of the Trade Expansion Act of 1962. This law allows the President to impose additional tariffs on imports when national security is impacted. The proclamations impose worldwide tariffs on all countries (with a few exceptions as noted below) of 10% on aluminum imports and 25% on steel imports. These tariffs apply in addition... More
- How Will GDPR Affect Cross-Border Transfers of Personal Data? Copyright: maxkabakov / 123RF Stock Photo On Fox’s Privacy Compliance & Data Security blog, associate Michelle Rosenberg provided a breakdown of the EU’s General Data Protection Regulation (GDPR), a widely discussed and substantive change to European data privacy rules going into effect on May 25, 2018. Michelle notes the global impact on companies large and small that possess, transfer and process personal data of EU individuals. She also provides an overview of the methods of compliance available to such companies, namely... More
- OFAC Sanctions Smugglers of Libyan Oil The U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) recently sanctioned six individuals, twenty-four entities, and seven vessels for their role in the exportation, refining, brokering, and sale of oil from Libya. As set forth in OFAC’s press release regarding the implementation of sanctions, the six individuals who were Maltese, Libyan, and Egyptian nationals, engaged in a scheme to export petroleum products from Libya to Europe. The group moved the Libyan petroleum products to ports in Malta and Italy, and... More
- First Anniversary of the Trade Facilitation Agreement The Trade Facilitation Agreement (TFA) marked its first anniversary last week. The TFA entered into force on February 22, 2017 when the World Trade Organization (WTO) obtained the required two-thirds acceptance from its members. The WTO members are continuing to work towards fully implementing the TFA. Implementation of the TFA is expected to have positive effects on international trade, with a particular emphasis on the benefit for developing and least developed countries (LDCs). One unique component of the TFA is the ability of... More
- CIT Finds Fabric Pet Carriers Are Not “Bags” In a recent opinion, the U.S. Court of International Trade (“CIT”) found, at least in part, in favor of the producer of pet carriers, by excluding the items from a catch-all baggage classification. Since 2013, Quaker Pet Group, LLC (“QPG”) has been challenging the government’s classification of various styles of cloth carriers for dogs, cats, and other animals. The government has classified the carriers under subheading 4202.39 for “travel, sport and similar bags” and assessed a 17.6% duty rate. QPG argues... More
- Rubber Bands from China, Sri Lanka, and Thailand: New Antidumping and Countervailing Duty Petitions On January 30, 2018, the Alliance Rubber Co. filed antidumping (“AD”) and countervailing duty (“CVD”) petitions on rubber bands from China, Sri Lanka, and Thailand. The petitioner alleges that the subject merchandise from these countries is being sold in the U.S. at less than fair value. The petitioner also alleges the governments of China, Sri Lanka, and Thailand are subsidizing the foreign producers, giving them an advantage in the U.S. market. Importers of subject merchandise are liable for any potential... More