Robert is a Board Certified International Attorney, Licensed Customs Broker, and Certified Export Specialist whose practice focuses on the planning, compliance, enforcement, and security dimensions of U.S. import and export transactions. With over twenty years of professional experience, Robert brings seasoned, specialized, and multicultural know-how and perspective to the analysis and resolution of customs and trade issues.
Issue Orientation As the US relationship with China deteriorates across the political, military, economic, and trade dimensions, US companies with manufacturing operations in China are increasingly seeking out strategies to diversify supply chains, mitigate compliance risk, minimize duty exposure, reduce costs, and manage uncertainty. Though several approaches have been pursued since the inception of the
The UFLPA, the Question of Legislative Intent, and Its Impact on SMEs Since the launch of the Uyghur Forced Labor Prevention Act (UFLPA) in the summer of 2022, there has been an undercurrent of discussion in the trade community regarding the law’s real intent. Is the law intended to weed out products made with Xinjiang
The past couple of weeks have seen a flurry of important Uyghur Forced Labor Prevention Act (UFLPA) developments. This post flags the things importers need to know now in a way that links back into the bigger picture of what importers need to be doing to achieve UFLPA compliance. Let’s start with the latest UFLPA
Intellectual Property and United States Customs 1. Trademarks and U.S. Customs Trademarks are defined in U.S. law as a word, name, symbol, device, color, or combination thereof used to identify and distinguish goods from those manufactured or sold by others and to indicate the origin and source of goods, even if said source is unknown.
The shift away from the unipolar and free trade-oriented world of the 1990s and early 2000s to the peer competition-driven managed trade and industrial policies of today has resulted in an increasingly restrictive and protected U.S. import environment. The significantly stepped-up enforcement activity that characterizes this trend has, in turn, increased compliance risk for U.S. importers. This post will attempt to help U.S. importers mitigate some of that compliance risk through a set of up-to-date import practice tips.
Expect U.S. customs to get even tougher on imports in the next year.
Citing the ongoing genocide, crimes against humanity, and other human rights abuses committed by the People’s Republic of China (China) against ethnic and religious minority groups in the western part of the country, Congress acted to strengthen CBP’s ability to enforce the forced labor prohibitions set forth in Section 307 of the Tariff Act of 1930 by enacting the Uyghur Forced Labor Protection Act (UFLPA) on 23 December 2021. To this end, the UFLPA applies a presumption that goods produced/manufactured (either wholly or in part) or mined in the Xinjiang Uyghur Autonomous Region (XUAR) or by entities designated on the UFLPA Entity List are made with forced labor and prohibited from entering the U.S.
U.S.-China Trade Policy and The Future of China-Focused Section 301 Duties and the best tariff mitigation strategies you should employ now.
As we continue to document in our customs and trade blog posts, import compliance and enforcement risk is higher than ever. And as recent experience suggests, this trend is not going to change anytime soon. By taking the preemptive supply chain verification and substantiation measures noted above, U.S. importers can manage and reduce these risk factors – and, in so doing, avoid becoming another CBP enforcement statistic.
