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On Wednesday, October 2, 2019, the World Trade Organization (WTO) allowed the U.S. to set duties on $7.5 billion worth of European Union goods as a consequence of the long-running legal battle over subsidies to Airbus. This ruling allows President Trump’s administration to set increased import duties on such articles as EU wines, cheeses, motorcycles…

The Miscellaneous Tariff Bill (MTB) process is administered by the U.S. International Trade Commission (ITC). Under the MTB process, U.S. importers may petition for duty-free or reduced-duty treatment of certain imported products by submitting an MTB petition to the ITC. The ITC has indicated that it will open its portal and begin accepting MTB petitions…

The Federal Trade Commission (FTC) is soliciting comments on its 1997 Enforcement Policy Statement on U.S. Origin Claims and its ongoing enforcement of that policy. On September 26, 2019, the FTC held a workshop with key stakeholders to discuss how consumers perceive “Made in USA” claims, how advertisers and marketers comply with the standard, and…

The Office of the United States Trade Representative (USTR) released three distinct batches of product exclusion requests from its Section 301 tariffs during July and early-August.

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In ruling NY N305076, Customs and Border Protection (CBP) determined the classification of the Four Layer Vertical Aeroponic Plant Growth System, the Single Layer Aeroponic Plant Growth System and the Two Layer Aeroponic Plant Growth System. All three systems operate in the same manner with the main differences being the number of layers and the…

Companies that conduct business internationally may become entangled in cross-border employment issues that often seem complicated because of the interaction between U.S. laws and potentially unfamiliar laws in the foreign country. In some cases, obligations may arise even when the company does not have “employees” on the ground. During this webinar, our attorneys discuss circumstances

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Effective August 3, 2019, the U.S. Patent and Trademark Office (USPTO) will require all foreign-domiciled trademark applicants, registrants, and parties to a trademark proceeding to be represented by an attorney who is licensed to practice law in the United States. This requirement will apply to any entity with a principal place of business outside of…

Importers of battery chargers or external power supplies (EPSs), and manufacturers or sellers of consumer products that include battery chargers or EPSs, are likely subject to strict energy conservation standards. By virtue of Department of Energy (DOE) regulations that took effect in February 2016 and June 2018 for EPSs and battery chargers, respectively, manufacturers and…

In today’s protectionist environment, importers are facing heightened legal risks and a potential False Claims Act (“FCA”) violation when providing information to Customs and Border Patrol (“CBP”).  Earlier this month, the United States Attorney’s Office for the Southern District of New York filed a civil fraud lawsuit against Manhattan-based children’s apparel companies Stargate Apparel, Inc.…