Category Archives: Import and Customs

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Dinner Table Conversation: How an Offhand Comment May Signal a Shift in the Global Trade of Semiconductors

On June 19, Commerce Secretary Ross mentioned at a Wall Street Journal CFO dinner that the Administration is now considering launching an investigation of semiconductor imports under Section 232 of the Trade Expansion Act of 1962. Ross said the specific concern is the threat of China to surpass U.S. semiconductor production.… Continue Reading

Predicting the Unpredictable: Will Tariffs Under President Trump Cause a Trade War With China?

President Trump has stated that he would impose tariffs on imports from China ranging from ten to forty-five percent. Can he do it? And will it cause a trade war? The Effects of Increased Tariffs In the 18th Century, tariffs were considered a method of generating revenue and protecting domestic industry. The first U.S. customs … Continue Reading

The Undoing Project – Why NAFTA Can’t be Undone, but Can be Re-Done

Boy, does it sound convincing when Mr. Trump states he will submit notice under section 2205 of NAFTA to let Mexico and Canada know that the U.S. will withdraw from NAFTA. The problem is, while the president-to-be is capable, we presume, of writing, signing, and sending (or possibly tweeting) such a notification, that notification would … Continue Reading

The Future of the U.S.-Canada Trade Relationship in Light of the Election

By Scott Maberry and Lisa Mays of Sheppard Mullin; and Vincent J. DeRose, Jennifer Radford, Greg Tereposky and Daniel Hohnstein of Borden Ladner Gervais LLP. Today’s Global Trade Law Blog is brought to you by a collaboration between the international trade group at Sheppard Mullin and the team at Borden Ladner Gervais LLP (BLG). The United States … Continue Reading

Add Importers to Those Facing Expanding Whistleblower Claims under the False Claims Act

On February 12, 2015, the Department of Justice (DOJ) announced that three U.S.-based importers had agreed to pay more than $3 million to resolve a lawsuit brought by the United States under the False Claims Act (FCA) alleging that they had made false declarations to U.S. Customs and Border Protection (CBP) and conspired with other … Continue Reading

A Peek Around the Curtain: A False Claims Act Settlement for Avoiding Customs Charges

On November 14, 2013, the U.S. Department of Justice announced a False Claims Act settlement with Basco Manufacturing Company, a maker of shower enclosures, for $1.1 million related to misstatements on U.S. Customs and Border Protection (CBP) entry forms.  The alleged misstatements were intended to allow the company to avoid antidumping duties (ADD) and countervailing … Continue Reading

Export Control Reforms Leads to Changes in Permanent Import Regime of Defense Articles and Services

By: Neil Ray In light of the upcoming changes associated with the Export Control Reform Initiative, the Department of Justice’s Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) issued a final rule in April 22, 2013, which amends its regulations to clarify restrictions on the permanent importation of defense articles and services.… Continue Reading

Still Standing: U.S. Court Upholds SEC Conflicts Minerals Rule

By: Mark Jensen In a July 23, 2013 opinion, the U.S. District Court for the District of Columbia upheld the SEC’s rule requiring disclosure of companies’ use of conflict minerals originating in and around the Democratic Republic of the Congo (“DRC”).  The decision underscores the importance of due diligence provisions under the new law, which come into effect for large issuers during this reporting year, and should be incorporated into May 2014 reports. … Continue Reading

Census Changes Foreign Trade Regulations: New Filing Requirements

By:  Thad McBride and Matthew Riemer On Thursday, March 14, the Census Bureau published a final rule (available here) implementing changes to the Foreign Trade Regulations (FTR), 15 C.F.R. Part 30.  The final rule includes long-awaited revisions to the post-departure filing program commonly referred to as Option 4.  Census is also requiring mandatory filing of export information through the Automated Export System (AES) or through AESDirect for all shipments of temporary exports.  The final rule also implements remedial changes to the FTR to improve clarity and to correct errors. … Continue Reading
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