Global Trade Law Blog

Timely Updates and Analysis on Key International Trade Law Issues

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Enumale Agada

Yaniss Aiche

Sheppard Mullin CFIUS Attorneys

Latest from Global Trade Law Blog

Global Trade Law Blog

Friend or Foe? The DOC Issues New Interim Rule on Transactions Involving Information and Communication Technology or Services (“ICTS”) and Foreign Adversaries

By J. Scott Maberry, Fatema Merchant & Mario Torrico

January 27, 2021

Universal Image - Communication Technology2

On January 19, 2021, the U.S. Department of Commerce (“DOC”) issued an interim final rule governing transactions in Information and Communication Technology or Services (“ICTS”) involving “foreign adversaries.” Although the rule takes effect on March 22, 2021, it allows DOC to review covered transactions initiated, pending, or completed on or after January 19, 2021.…

Global Trade Law Blog

CBP Stops More Imports Under Forced Labor Rules (Cotton a Jam, Part II)

By J. Scott Maberry, Fatema Merchant & Mario Torrico

January 27, 2021

Global-Trade-Blog-Image_China_Imports-660x283

On January 13, 2021, U.S. Customs and Border Protection (CBP) issued a Withhold Release Order (WRO) on cotton and tomato products produced by entities operating in Xinjiang, China. The order is based on information that indicates the use of forced labor in the production of the goods. If you are sourcing these products from the Xinjiang region, you may want to consider proactive compliance steps to mitigate your risk and prevent disruption in your supply…

Global Trade Law Blog

USTR Suspends Tariffs on Certain French Luxury Goods: A Potential Shift in Trade Talks

By Reid Whitten & Sarah Ben-Moussa

January 27, 2021

Key Takeaways: Threatened 25% tariffs on French luxury goods are suspended. USTR is still looking at tariffs in retaliation for taxes on U.S. global tech companies. Biden’s new USTR will face immense pressure to negotiate the digital taxation issue in the first few weeks of her tenure. In the last few weeks of former President Trump’s term in office, the United States Trade Representative (USTR) suspended its previous plans to impose tariffs on certain French…

Global Trade Law Blog

Knock knock: Section 301 Tariffs on Vietnamese Products Could Soon be at Your Front Door

By J. Scott Maberry & Mario Torrico

January 11, 2021

Most of you already know Section 301 of the Trade Act of 1974 because of the Trump Administration’s massive China tariffs under Section 301.[1] Now it’s time to get acquainted with a separate process that may result in tariffs on Vietnamese products too. Section 301 authorizes the Office of the United States Trade Representative (“USTR”) to investigate certain foreign trade practices.[2] USTR has initiated a probe into Vietnam’s currency practices, which could lead…

Global Trade Law Blog

USTR Grants New Section 301 Exclusions and Extends Existing Exclusions for Certain Chinese Medical Products

By J. Scott Maberry & Mario Torrico

January 8, 2021

**This is an update to our December 23, 2020 post** On December 29, 2020, the U.S. Trade Representative (USTR) posted a notice granting new Section 301 product exclusions and extending existing exclusions for COVID-19 medical care products. This action is in response to USTR’s March 25, 2020 proceeding soliciting public comments on whether to remove the duties in response to the COVID-19 pandemic. The exclusions from Section 301 duties took effect on January 1,…

Global Trade Law Blog

Don’t Pop the Bubbly Just Yet: Potential Duty Increases for Importers Starting January 1

By J. Scott Maberry & Mario Torrico

December 23, 2020

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While many of us anxiously await putting 2020 behind us, the start of the new year may have significant import duty implications for many U.S. companies. On December 31, two significant U.S. import duty relief programs are set to expire: the Section 301 exclusions and the Generalized Systems of Preference (“GSP”). That will cause U.S. customs duties to rise on certain products. Importers should be prepared for these changes.…

Global Trade Law Blog

CFIUK: The United Kingdom Introduces a New Mechanism for Foreign Direct Investment Screening

By Julien Blanquart & Reid Whitten

December 17, 2020

Global-Trade-Blog-Image_CFIUS_Foreign-Investment-660x283

Key takeaways → The new National Security and Investment Bill expands the UK government’s powers to intercede in acquisitions of UK companies where it determines there is a potential national security threat. → The Bill creates a new government agency, the Investment Security Unit (ISU) to oversee foreign direct investment review, removing the power from the competition/antitrust regulator, the CMA. → Regulators will be able to “call in” transactions that were not notified but that…

Global Trade Law Blog

The Next Four Years in International Business

By Reid Whitten & J. Scott Maberry

December 16, 2020

Over the past few weeks, we have been speculating on the international trends and tides we expect to see in the next four years under a new U.S. presidential administration. So that you can enjoy our prognostications (before our program gets greenlighted as a Netflix special) we provide here: A recording of our webinar, entitled “The Four Years in International Business Webinar” (for those playing along at home, see if you can spot…

Global Trade Law Blog

Cotton a Jam: CBP Withholds Cotton Product Shipments Under Forced Labor Rules

By J. Scott Maberry

December 16, 2020

Global-Trade-Blog-Image_Import_Export-660x283

On December 2, 2020, U.S. Customs and Border Protection issued an order preventing certain imported cotton products from China from being released to the importer. The products were made by Xinjian Production and Construction Corp. (XPCC). The order is based on information that indicates the use of forced labor in the production of the goods.…

Global Trade Law Blog

The Next Four Years of FCPA Enforcement: What to Expect From the Biden Administration

By Reid Whitten, Scott Roybal & J. Scott Maberry

November 19, 2020

Contrary to some expectations, the Trump Administration Department of Justice imposed record penalties under the U.S. Foreign Corrupt Practices Act from 2017 through 2020. But in each of those years, fewer and fewer new FCPA investigations were initiated. We expect the Biden Administration to continue the trend of increasing FCPA enforcement settlement values, while also increasing the pace of initiating new FCPA investigations. Anticorruption matters present some of the most severe threats to a company’s…

Global Trade Law Blog

Timely Updates and Analysis on Key International Trade Law Issues

Blog Authors

Friend or Foe? The DOC Issues New Interim Rule on Transactions Involving Information and Communication Technology or Services (“ICTS”) and Foreign Adversaries

CBP Stops More Imports Under Forced Labor Rules (Cotton a Jam, Part II)

USTR Suspends Tariffs on Certain French Luxury Goods: A Potential Shift in Trade Talks

Knock knock: Section 301 Tariffs on Vietnamese Products Could Soon be at Your Front Door

USTR Grants New Section 301 Exclusions and Extends Existing Exclusions for Certain Chinese Medical Products

Don’t Pop the Bubbly Just Yet: Potential Duty Increases for Importers Starting January 1

CFIUK: The United Kingdom Introduces a New Mechanism for Foreign Direct Investment Screening

The Next Four Years in International Business

Cotton a Jam: CBP Withholds Cotton Product Shipments Under Forced Labor Rules

The Next Four Years of FCPA Enforcement: What to Expect From the Biden Administration

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