LexSage

Originally published by the Journal of Commerce in March 2019 On the trade with China front this week, the news is Huawei Technologies Co, of China sued the U.S. government regarding provisions in the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (“NDAA”).  The timing of the lawsuit is drawing interest as is its very existence. in the face of the other legal actions involving the company and its executives. The basis…
Originally published by the Journal of Commerce in February 2019 Of all the questions asked of trade attorneys, this is likely the most frequent one.  The answer is both a study in current events, but also much more complex.  Let’s start at the obvious beginning point. Customs and Border Protection (“CBP”) receives advance information about shipments which arrive in the U.S. Whatever is the required data (and it differs a bit by mode of transportation…
Background Title III of the Americans with Disabilities Act (“ADA”) mandates that public accommodation must be provided to disabled persons to allow for the “full and equal enjoyment” of the related privileges, goods, services, advantages and accommodations as those provided to able bodied persons.  The owner of any business is responsible for making sure those accommodations are made with “reasonable modification.”  The ADA makes it very clear that a business that does not provide for…
The Consolidated Appropriations Act of 2019 was signed into law on Friday, February 15, 2019, so the potential for another shutdown was averted, but there was a hidden gem buried in a related document. This new law contains a specific appropriation for the U.S. Trade Representative’s office which reads: “For necessary expenses of the Office of the United States Trade Representative, … $53,000,000, …” Of particular interest to international traders is an interpretive statement which…
Originally published by the Journal of Commerce in January 2019 One of the topics that consistently makes the top 5 in just about every survey of issues of concern to companies is the cost of regulatory compliance. This is true in large measure because the complexity of the issues covered by those regulations keeps increasing and the cost of compliance moves in the same upward direction. In looking forward into the new year, looking back is…
Published originally by the Journal of Commerce in December 2018 When the General Data Protection Regulations (“GDPR”) took effect on May 25, 2018, American companies found themselves in a quandary. The language of the regulations was sufficiently broad to initially conclude that even if a company had no presence or operation in Europe, it would be required to comply. As a reminder, the EU member countries are: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark,…
One of the bills signed into law by California Governor Edmund G. Brown from the most recent legislative session aims to hold customers accountable when hiring trucking companies that have a record of Labor Code violations. Under SB 1402, customers who utilize trucking companies to deliver goods from California’s ports may be held jointly and severally liable for certain Labor Code violations committed by those trucking companies. Here is the explanation for the need…
Over the weekend, President Trump announced a deal with China. The result is the 10% tariff imposed on goods on List 3 of Chinese made goods will remain in place for an additional 90 days rather than increase to 25% on January 1, 2019. The challenge is there was no joint communique issued by the parties. As a result, the actual parameters of the deal are open to doubt. China supposedly agreed to buy large…
Originally published by the Journal of Commerce in November 2018 One of the many frustrations facing international traders trying to import goods into the U.S. is whether or not they will be accepted as importer of record by Customs and Border Protection (“CBP”).   CBP established a program to deal with what it views as the irregularities frequently associated with shipments originating in China (among other countries) – the New Importer Task Force.  This effort is…