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FORCED LABOR REBUTTABLE PRESUMPTION TAKES EFFECT ON JUNE 21, 2022 – ARE YOU READY?

Under the Uyghur Forced Labor Prevention Act (“UFLPA”), effective June 21, 2022, a rebuttable presumption of “forced labor” will apply to goods that are produced, wholly or in part in the Xinjiang Uyghur Autonomous Region (“XUAR”) of China or by an entity identified as being associated with XUAR labor. GDLSK’s summary of the UFLPA can […]

FURTHER EXTENSION OF CERTAIN COVID-RELATED CHINA 301 EXCLUSIONS

The USTR has announced that it is further extending certain China 301 exclusions that had been put in place and/or previously extended to help address the COVID-19 pandemic.  The 81 exclusions at issue, which had been extended through May 31, 2022, are now being further extended through November 30, 2022. The extensions are effective for […]

4.4.2022 CHINA 301 LITIGATION UPDATE

On April 1, 2022, the three-judge panel at the U.S. Court of International Trade (CIT) hearing the challenge to the United States Trade Representative’s (USTR) imposition of List 3 and List 4A Section 301 additional duties on certain goods from China (In Re Section 301 Cases, Court No. 21-00052) issued an initial decision on the […]

USTR REINSTATES 352 EXPIRED CHINA 301 EXCLUSIONS

On March 23, 2022, the Office of the United States Trade Representative (USTR) announced its determination to reinstate 352 expired China 301 exclusions.  The reinstated exclusions will apply to merchandise imported between October 12, 2021 and December 31, 2022. This action follows the solicitation of public comments in connection with the USTR’s evaluation of 549 […]

TASK FORCE SEEKS PUBLIC COMMENTS ON METHODS TO PREVENT THE IMPORTATION OF CHINA FORCED LABOR GOODS

On December 23, 2021, the President signed into law the Uyghur Forced Labor Prevention Act (“the Act”). GDLSK’s summary can be accessed here. One provision requires that the Forced Labor Enforcement Task Force (“Task Force”) (a multi-agency body created to enforce the forced labor import prohibition) solicit public comments “on how best to ensure that goods […]

CBP PROPOSAL TO CHANGE NON-PREFERENTIAL ORIGIN RULES FOR GOODS IMPORTED FROM CANADA OR MEXICO – COMMENT PERIOD EXPIRES AUGUST 5, 2021

CBP has published a proposal that, if adopted, would significantly change its rules for determining the origin of goods imported from Canada or Mexico for non-preferential purposes (i.e., not for USMCA eligibility). For purposes of determining USMCA eligibility, CBP applies the originating status rules set forth in General Note 11 of the tariff schedule.  For […]

CBP DENIES APPAREL IMPORTER PROTEST CHALLENGING THE EXCLUSION OF GOODS UNDER XPCC COTTON WITHHOLD RELEASE ORDER

In a May 10, 2021 decision, CBP denied an apparel importer’s protest challenging the exclusion of goods pursuant to a Withhold Release Order (“WRO”) covering Cotton and Cotton Products from Xinjiang Production and Construction Corporation (“XPCC”) and its subordinate and affiliated entities. CBP at the port and CEE levels determined that the importer had not […]

TECHNICAL AMENDMENT TO CERTAIN CHINA 301 LIST 3 EXCLUSIONS

In an April 26, 2021 Federal Register notice, the United States Trade Representative (“USTR”) announced a technical amendment to the exclusions issued under China 301 List 3. By way of background, the China 301 List 3 tariff assessment increased from 10% to 25%, effective May 10, 2019.  The USTR had created an “on the water” […]

CBP ISSUES REVISED COUNTRY OF ORIGIN MARKING REQUIREMENTS FOR GOODS FROM THE WEST BANK AND GAZA

In a Federal Register notice of December 23, 2020, U.S. Customs and Border Protection issued revised country of origin marking requirements for products from the West Bank and Gaza to incorporate guidance provided by the U.S. State Department last month (see https://www.gdlsk.com/u-s-state-department-initiating-new-guidelines-for-the-country-of-origin-marking-of-israeli-and-palestinian-goods-produced-in-the-west-bank/?highlight=israel). Under the new guidance, the following requirements apply: Goods produced in the territorial […]

U.S. STATE DEPARTMENT INITIATING NEW GUIDELINES FOR THE COUNTRY OF ORIGIN MARKING OF ISRAELI AND PALESTINIAN GOODS PRODUCED IN THE WEST BANK

In a November 19, 2020 Press Statement, the U.S. State Department announced its initiation of new guidelines with respect to the country of origin marking of certain Israeli and Palestinian goods to reflect current U.S. foreign policy.  Under this announcement, goods imported into the United States that were produced within areas where Israel exercises authority (most notably Area C under […]