New Rules for Customs Brokers – Bringing Your Brokerage into Compliance with the Modernized Part 111
After several years of review by U.S. Customs and Border Protection (“CBP”), the Customs Broker community, and the Commercial Customs Operations Advisory Council, CBP unveiled the new Customs Broker Regulations under 19 C.F.R. Part 111. On October 18, 2022, CBP published the final rules, Modernization of the Customs Broker Regulations, 87 FR 63267, and Elimination […]
Is There Any Hope for Hong Kong to Regain its Special Trade Status with the U.S.? (It’s Officially Hong-China now)
It seems like it was a couple decades ago, but it was only about 5 years that I was last in Hong Kong on business. I was staying at a very nice upscale hotel (plenty to choose from) directly across from a massive port, marveling at the operations that seemed to go 24/7 with the […]
The Multi-Purpose Role of the U.S. Harmonized Tariff Schedule
When goods are imported into the United States, the importer-of-record (IOR) must, with reasonable care, file an entry (CBP Form 3461) and entry summary (CBP Form 7501), or the electronic equivalents, with U.S. Customs and Border Protection (CBP). These documents are the IOR’s preliminary and final declarations about the nature and circumstances of the import transaction, and they tell the story of the transaction through more than forty data elements.
Made in the USA Labeling Rule – What There is to Know About Increased Enforcement Within the Federal Trade Commission
The Federal Trade Commission (“FTC”) has recently begun placing more of an emphasis on Made in the USA (“MUSA”) labeling violations. A MUSA violation occurs when a company labels its product with “Made in the United States” or “USA Made Products,” among other similar phrases, when in fact the country of origin (“COO”) of the […]
Sonora Lithium
In November 2022, Mexican Foreign Secretary Marcelo Ebrard and U.S. Special Presidential Envoy John Kerry announced at COP27[1] in Sharm el-Sheikh important steps forward to address the climate crisis. Representatives from both countries, including the state governor from Sonora and his cabinet, continued discussing important topics which resulted in agreements to cut emissions, increase investment, and promote […]
Update: Quartz Surface Products from China – New Certification Requirements for Shipments from Malaysia
On October 21, 2022, the Department of Commerce, International Trade Administration (The DOC) published its Final Scope Ruling on Malaysian Processed Quartz Slab. The DOC determined that imports of quartz slab manufactured in the People’s Republic of China (China) and processed in Malaysia are covered by the scope of the antidumping duty (AD) and countervailing […]
U.S. Bill Introduced to Move Export Controls From Commerce to DTSA. Is This a Good Idea?
On October 28, 2022, on the eve of the mid-term elections, a bill was introduced in the House that, unless you are an export control/compliance nerd, most would not have given it any thought. This bill, H.R. 9241, called the “Prioritizing National Security in Export Controls Act of 2022” was introduced by Representative Jim Banks, (R-Indiana) and co-sponsored by Robert Wittman, (R-Virginia), and Gregory Steube, (R-Florida).
Can the U.S. Mitigate Digital Assets Fraud While Fostering Innovation?
INTRODUCTION This article will review the options the White House has outlined for regulation and oversight of the digital assets sector, based upon a set of reports issued in the last six months.[1] The collapse in November 2022 of FTX, the second largest cryptocurrency exchange, has precipitated calls for better oversight for digital assets. This […]
Complying with BIS’s Advanced Computing and Semiconductor Manufacturing Rules – Knowledge, Due Diligence, and Technology Thresholds
U.S. industries supplying Chinese facilities with products, equipment, software, and technology used in semiconductor development and production are subject to regulatory controls under the Export Administration Regulations (“EAR”). New rules published by the Department of Commerce’s Bureau of Industry and Security (“BIS”) on October 13, 2022, 87 FR 62186, imposed additional license requirements regarding the […]
The FDA is Cracking Down on Supplement Manufacturers
Enter any of the more health-oriented grocery stores in the U.S., like Whole Foods, and you’ll see aisles upon aisles of supplements —everything from multivitamins to fish oil to protein powders. The supplement industry is a $61 billion market and has seen steady growth over the past decade. People who want designer supplements can even […]
