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President Trump has issued separate proclamations modifying the list of U.S. trading partners exempt from the additional tariffs he imposed on imports of steel and aluminum as of March 23. These tariffs (25 percent and 10 percent, respectively) were imposed after the Department of Commerce determined that imports of these products are threatening to impair national security.
This amount includes a $137.4 million criminal penalty to be paid to the Department of Justice under a deferred prosecution agreement and $143 million in disgorgement and pre-judgment interest to be paid to the Securities and Exchange Commission. The company also agreed to continue to cooperate with the DOJ’s investigation, enhance its compliance program, implement rigorous internal controls, and retain an independent corporate compliance monitor for at least two years.
The Office of the U.S. Trade Representative’s annual Special 301 report on the adequacy and effectiveness of U.S. trading partners’ intellectual property rights protection and enforcement lists 36 trading partners as meriting particular concern. This year’s report reiterates the Trump administration’s emphasis on using “all possible sources of leverage” to encourage other countries to “provide adequate and effective protection and enforcement of U.S. intellectual property rights.”
As e-commerce transactions become more prolific, the stakes for traders and regulators alike are growing as well. Here are five important issues to consider in structuring compliant e-commerce transactions.
U.S. Customs and Border Protection has issued a final determination concerning the country of origin of LED video display cabinets that may be offered to the U.S. government under an undesignated government procurement contract.
These individuals are prohibited from participating directly or indirectly in activities regulated by the ITAR, including any brokering activities and any export from or temporary import into the U.S. of defense articles, technical data, or defense services in all situations covered by the ITAR.
The White House announced April 20 that Mira Ricardel, who has led the Department of Commerce’s Bureau of Industry and Security since last August, will be leaving that post to become deputy national security advisor. The departure comes as BIS is under mounting pressure to handle the voluminous amount of product-specific exclusions companies are seeking from the additional tariffs President Trump imposed on imports of steel and aluminum products as of March 23.
President Trump issued April 19 updated policies on exports of conventional arms and unmanned aerial systems. Press sources generally describe these changes as an effort to boost foreign sales of defense items, including by accelerating the approval process, giving more weight to economic security, and involving more senior government officials in negotiating deals.
U.S. Customs and Border Protection has announced that as of April 22 it will again accept claims for duty-free treatment under the Generalized System of Preferences for goods entered or withdrawn from warehouse for consumption.
Just days after directing senior officials to review whether the U.S. should rejoin the Trans-Pacific Partnership, President Trump said he doesn’t think the agreement is good for the U.S. Trump withdrew from the TPP in January 2017 but has said several times this year that he might reconsider if the U.S. could achieve a better agreement.
A program designed to mitigate truck traffic at the ports of Los Angeles and Long Beach is being restructured to replace the existing model with an appointment-based system that uses a single flat fee on both daytime and nighttime cargo container moves.
The Treasury Department’s semiannual foreign exchange rate report does not list any U.S. trading partner as a currency manipulator but adds India to a list of countries targeted for close scrutiny of their currency practices. The report also raises the possibility of expanding the number of economies that may be reviewed in the future.
The Office of the U.S. Trade Representative is reviewing the eligibility of India, Indonesia, and Kazakhstan for benefits under the Generalized System of Preferences based on concerns about their compliance with program requirements.
The Department of Homeland Security has published a list of frequently-asked questions that provide further guidance on complying with an August 2017 law that generally prohibits imports of goods made by North Korean workers.
U.S. Customs and Border Protection has issued a final rule that, effective May 14, will expand the definition of importer security filing importer for certain types of shipments so that the party that has the best access to the required information will be the party responsible for filing the ISF. CBP states that while this rule will shift the legal responsibility for filing the ISF in these instances it will not change who actually submits the data in the “vast majority of cases.”