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- Are My Products Subject to Anti-Dumping/Countervailing Duties?
Many importers will discover at some point that products they import may be subject to anti-dumping duties (“ADD”) or countervailing duties (“CVD”). With the new Trump administration appearing to take a very aggressive tone toward unfair trade practices by foreign competitors, particularly China, there may soon be an increase in ADD/CVD orders and enforcement by U.S. Customs and Border Protection (“Customs” or “CBP”).
- Import Violations: What You Need to Know about 19 USC § 1592
In 2016, Customs and Border Protection (“CBP” or “Customs”) processed $2.28 trillion in imports, levying 13 monetary penalties totaling over $30.6 million on importers for fraud, gross negligence, and negligence for anti-dumping/countervailing duty (“AD/CVD”) violations.
- Freight Forwarding as Brokering Activity
In August 2013, the Directorate of Defense Trade Controls (“DDTC”) published an interim final rule that clarified some aspects of the requirement for broker registration under the International Traffic in Arms Regulations (“ITAR”).
- Minimize Product Liability Risk with a Well-Written Contract
If your company is importing products made overseas, what is your liability for a safety or quality issue that causes harm? A well-written contract with the manufacturer can define and quantify risk.
- End-to-End Encryption and a New Understanding of Technology and Software Export Controls
On June 3, 2016, the Commerce Department’s Bureau of Industry and Security (“BIS”) and the State Department’s Directorate of Defense Trade Controls (“DDTC”) both published in the Federal Register final rules updating a number of definitions in the Export Administration Regulations (“EAR”) (81 Fed. Reg. 35,586) and the International Traffic in Arms Regulations (“ITAR”) (81 Fed. Reg. 35,611), respectively.
- U.S. Customs Audits 101
U.S. Customs and Border Protection (“CBP” or “Customs”) determines the import compliance levels of importers through audits. Simultaneously, Customs audits are a highly effective revenue collection mechanism that ensure CBP promotes fair trade practices for American industry. The following article provides a general overview of customs audits and recent developments in this area.
- The Magna Brexit? Potential Implications on Trade & Export Compliance
The United Kingdom’s (“UK”) 40-year relationship with the European Union (“EU”) is ending due to the historic British vote to leave the EU on June 23, 2016. Given the UK’s decision to leave, any company doing business in the UK or with the UK must monitor potential trade issues that will arise as a result of Britain’s exit, now commonly referred to as Brexit. This article briefly outlines the Brexit’s potential implications on trade.
- Deemed Exports and Reexports under the Harmonization Rules
One objective of the Export Control Reform Initiative is to harmonize the definitions of terms or concepts that appear in both the International Traffic in Arms Regulations (ITAR) and the Export Administration Regulations (EAR).
- Export Compliance Programs
Compliance with the U.S. export control regulations is a significant issue for companies and their legal and compliance teams.
- Fighting Fraud and Corruption: The DOJs New FCPA Pilot Program
The Department of Justice (DOJ) recently announced its creation of a new pilot program designed to encourage companies to voluntarily self-disclose Foreign Corrupt Practices Act (FCPA) violations in exchange for penalty mitigation.