International Trade & Supply Chain

 

On October 19, 2018, the U.S. International Trade Commission made affirmative determinations in the preliminary phase of the antidumping duty investigations on Strontium Chromate from Austria and France.
Continue Reading The USITC Reaches a Unanimous Preliminary Injury Determination in Strontium Chromate from Austria and France

cargo shipOn October 18, 2018, Petitioners Unifi Manufacturing, Inc. and Nan Ya Plastics Corporation, America filed a petition for the imposition of antidumping and countervailing duties on imports of Polyester Textured Yarn from the People’s Republic of China and India. Continue Reading Petition Summary: Polyester Textured Yarn from China and India

On October 11, 2018, the Department of Commerce (Commerce) announced that it is initiating antidumping duty investigations on Refillable Stainless Steel Kegs from Germany, Mexico, and the People’s Republic of China and concurrently initiating a countervailing duty investigation on imports from China. Continue Reading Initiation of Antidumping and Countervailing Duty Investigations: Refillable Stainless Steel Kegs from Germany, Mexico, and China

shipping containers

On September 22, 2018, Bill (SB-1402) was signed into law in California to become effective January 1, 2019. That law will make a “Customer” that engages or uses “a port drayage motor carrier” jointly and severally liable with that port drayage motor carrier if that carrier is listed on the Internet Web site maintained by the Division of Labor Standards Enforcement. This ominous list will identify port drayage motor carriers which have been found liable to a “port drayage driver” for unsatisfied court judgments, assessments, orders, decisions, or awards, for port drayage services performed for which the drivers have not been paid or expenses for which they have not been reimbursed, plus damages, penalties, and interest.

The reason why this Bill is not as tentative as it sounds is that The California Labor Commissioner’s Office, Division of Labor Standards Enforcement, has awarded in excess of $45 million in unlawful deductions from wages and out-of-pocket expenses to more than 400 drivers, and that drivers have seen little of those awards. Continue Reading Shippers, NVOCCs, Ocean Carriers, And Other Port Players to Be Liable to Port Drayage Drivers Under New California Legislation Effective January 1, 2019

globe charts graphsCongratulations! You have developed or launched an innovative new product or service, and your business dreams are becoming a reality. It’s all very exciting.  One thing you may not have considered much, however, is whether your innovations or brand are susceptible to infringement in the international context. Will competitors try to make a knock-off product or steal your trade secrets? Are foreign companies going to ship infringing articles to the U.S. market? Protecting your intellectual property (IP) is key. Here are some fundamental suggestions to thwart such threats to your growing business. Continue Reading International IP Issues for Startups

Late on September 30, 2018, the United States and Canada reached a new trade agreement (the USMCA) that addresses many of the contentious issues that delayed Canada from rejoining the countries’ trilateral trade agreement (NAFTA).

In a joint statement, Canadian Foreign Affairs Minister Chrystia Freeland and U.S. Trade Representative Robert Lighthizer said that the new agreement “will give our workers, farmers, ranchers, and business a high-standard trade agreement that will result in freer markets, fairer trade and robust economic growth in our region. It will strengthen the middle class, and create good, well-paying jobs and new opportunities for the nearly half billion people who call North America home.” Continue Reading United States-Mexico-Canada Agreement (“USMCA”), the NAFTA Replacement

On September 27, 2018, Senators Marco Rubio (R) and Bill Nelson (D) introduced legislation that would give producers of seasonal fruits and vegetables standing to seek trade remedy relief. The proposed bill would amend the Tariff Act of 1930 to expand the criteria needed for petitioners to have standing to request the imposition of antidumping or countervailing duties. Continue Reading Senators Nelson and Rubio Introduce New Amendment for Seasonal and Regional AD/CVD Cases

The following is a short, to the point, summary of recent developments which impact transportation intermediaries, some of which can be implemented simply without fanfare, others which just bear careful monitoring.  The Federal Maritime Commission (“FMC”) recently passed new regulations relating to Negotiated Rate Arrangements (“NRAs”), and NVOCC Service Arrangements (“NSAs”) which require some simple implementation, but then little else. The Federal Motor Carrier Safety Administration (“FMCSA”) has amended Hours of Service regulations which provide for strict usage of Electronic Logging Devices (“ELDs”), and a corresponding obligation for those intermediaries who select motor carriers for transport. Last but not least, we will briefly explore the question of where is the transport intermediary industry headed in the evolving e-commerce revolution?

Continue Reading Update on Current Issues Impacting Transportation Intermediaries

Treasury Department

As previously covered here, on April 6, 2018, the U.S. Department of Treasury’s Office of Foreign Assets Control (“OFAC”) invoked authority provided under the Countering America’s Adversaries Through Sanctions Act (“CAATSA”) in order to place several Russian oligarchs, political officials and businesses under their control on its Specially Designated Nationals and Blocked Persons List (“SDN List”).  These designations generally prohibited U.S. persons from engaging in transactions  with the sanctioned individuals  and entities, however OFAC also issued several General Licenses simultaneously which were intended to provide limited windows for maintaining or winding down preexisting transactions with those sanctioned individuals or entities.  OFAC has now partially extended those authorized wind down periods by issuing the following General Licenses last week on September 21, 2018: Continue Reading OFAC Extends Authorization Period for Licensed Transactions with Certain Russian SDNs

Globe showing Asia

On September 17, 2018, USTR finalized a list of 5,745 imported products from China (referred to as “List 3”) for which additional tariffs are to be collected starting September 24, 2018 at a rate of 10 percent, rising to 25 percent starting January 1, 2019. The value of List 3 goods is estimated at approximately $200 billion. The Federal Register notice for this announcement was published on Friday, September 21, 2018 and differs somewhat from the Section 301 tariff announcements previously published for List 1 and List 2. Continue Reading Will there be an Exclusion Process for Section 301 List 3 Products?