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
- Section 301 Update: USTR Imposes Tariffs on List 3 and Announces Exclusion Process On September 17, 2018, the Trump Administration finalized tariffs on $200 billion of Chinese imports and announced the final list (List 3) of tariff line items. The additional tariffs became effective on List 3 products on September 24, 2018 in the amount of a 10 percent ad valorem duty. The level of additional tariffs is set to increase to 25 percent on January 1, 2019. The final list includes 5,745 tariff line items of the 6,031 tariff line items... More
- Ziploc Tariff Dispute Not Sealed Up Yet In a recent Opinion, the United States Court of International Trade denied cross motions for summary judgment filed by Ziploc bag producer S.C. Johnson & Son (“S.C. Johnson”) and the U.S. government which sought competing classifications for the well-known plastic bags. S.C. Johnson argued that the 6 1/2 inch by 5 7/8 inch version of its polyethylene zipper-sealed bags should be classified under HTSUS Subheading 3924.90.56 covering “tableware, kitchenware, other household articles and hygienic or toilet articles, of plastics: other: other”... More
- WTO Consultations Between the US and Russia On August 29, 2018, the United States circulated a request for consultations to the World Trade Organization (WTO) members. The US has requested that the WTO help resolve a dispute between the US and Russia concerning additional duties imposed by Russia on certain US goods. A request for consultations is similar to other forms of dispute resolution. The request for consultations formally initiates a dispute in the WTO. If after 60 days of consultations, the parties have not been able to resolve... More
- CIT Leaves No Doubt that Ban on Certain Mexican Fish is Effective Immediately In a recent opinion, the United States Court of International Trade (CIT) upheld its categorical ban of the importation of fish and fish products caught with gillnets in the habitat of the critically endangered vaquita, off the coast of Mexico. In a July 26, 2018 Order, the CIT granted a preliminary injunction sought by several conservation groups prohibiting the importation of certain fish and fish products from Mexico which had been caught using gillnet — fishing nets hung from boats that... More
- Global Trade Resources from the WTO On Monday, July 30, 2018, the World Trade Organization (WTO) released new resources regarding trends in global trade. The resources issued by the WTO are the latest editions of the annual publications of World Trade Statistical Review, Trade Profiles and World Tariff Profiles. World Trade Statistical Review provides an in-depth analysis of trends in global trade, including the types of goods and services being traded. Trade Profiles provides a concise overview of global trade by providing key indicators on trade for 197... More
- Trump Administration Announces New Section 301 Tariffs on Chinese Goods On July 10, 2018, the Trump Administration announced a list of proposed tariffs on $200 billion of Chinese goods pursuant to Section 301 of The U.S. Trade Act of 1974. The proposed products are potentially subject to a 10 percent ad valorem duty. The United States Trade Representative (USTR) has targeted products from the “Made in China 2025” sectors in response to China’s unfair practices and policies with respect to foreign, including U.S., technologies and intellectual property. Made in China... More
- Pool Floats Deemed Plastics, Not Textiles In a recent opinion, the US Court of International Trade (CIT) found that certain fabric covered pool floats should be classified as plastics — not textiles — for tariff purposes. Despite the textile elements of the floats, the sequential application of the General Rules of Interpretation led the CIT to find that the air-filled plastic bladder which allowed the product to float in water gave the floats their “essential character.” The products at issue are floats for a swimming pool which... More
- U.S. Steel Users Challenge Constitutionality of 25% Tariff Increase On June 27, 2018, a coalition of U.S. steel users, the American Institute for International Steel (“AIIS”), and two steel trading companies filed a complaint in the United States Court of International Trade (“CIT”) challenging the Trump Administration’s imposition of a 25% tariff increase for steel products. AIIS’ challenge, however, is not made to the scope of the tariff or the countries effected, but to the constitutionality of the tariff itself. The tariff increase is was enacted in March 2018 under Presidential Proclamation... More
- Duties Imposed On Nails Are Not Applicable To Zinc Wall Anchors On Tuesday, May 29, 2018, the U.S. Court of International Trade (CIT) ruled that the anti-dumping and countervailing duties for steel nails from Vietnam do not apply to zinc wall anchors. In August 2016, OMG Inc. asked the Department of Commerce to determine whether wall anchors were within the scope of the anti-dumping and countervailing duties imposed on steel nails imported from Vietnam. The Department of Commerce determined that zinc wall anchors from Vietnam that were imported by OMG Inc. fit... More
- CIT Upholds Commerce Duties on UAE Nails In a May 22, 2018 Opinion and Order, the U.S. Court of International Trade (“CIT) upheld the U.S. Department of Commerce’s (“Commerce”) use of a Thai nail producer, rather than a Dubai producer, as a surrogate for the calculation of anti-dumping duties to be assessed on two nail producers from the United Arab Eremites (“UAE”). As a result, the nails will be assessed an 0.87% duty rate, not the 7.8% rate that the nails had been preliminary assigned. In determining the... More