This is an update to the International Trade Law Blog’s December 22, 2021 post on the Uyghur Forced Labor Prevention Act.

On December 23, 2021, President Joe Biden signed into law the Uyghur Forced Labor Prevention Act (UFLPA). This action by President Biden comes a week after the law passed both chambers of Congress. After stalling in the Senate last year, an updated version of the bill was reintroduced on January 27, 2021 by Senator Marco Rubio (R-FL) and passed the Senate on July 14. The House version of the bill was introduced by Congressman James McGovern (D-MA) on February 18, 2021 and passed on December 8. Congressman McGovern and Senator Rubio reconciled the bill and delivered it to each respective chamber a week later. The reconciled version then passed the House and the Senate through unanimous decisions on December 14 and December 16, respectively.
Continue Reading Uyghur Forced Labor Prevention Act Signed into Law

Two important developments from the Environmental Protection Agency (EPA) are potentially significant to the retail industry, but may have escaped widespread attention in light of recent worldwide events. Somewhat unusually, both proposals are administered by EPA under TSCA, despite the fact that TSCA typically applies to chemical products, not manufactured articles.

Comment and compliance deadlines

On January 31, 2020, the Trump administration issued an executive order cracking down on U.S. businesses that import directly or facilitate the import of counterfeit or pirated goods, illegal narcotics and other contraband. The order, entitled “Ensuring Safe & Lawful E-Commerce for US Consumers, Business, Government Supply Chains and Intellectual Property Rights,” directs

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

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). In June, 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., Rivstar

In June 2018, the Office of the United States Trade Representative (USTR) announced additional tariffs on products imported from China. The additional tariffs are part of the U.S.’ response to China’s unfair trade practices related to “the forced transfer of American technology and intellectual property” pursuant to Section 301 of the Trade Act of 1974.

Manufacturers of battery chargers or external power supplies (EPSs), 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 importers of

The American Manufacturing Competitiveness Act of 2016 (AMCA) directed the U.S. International Trade Commission (ITC) to establish a process for the submission and consideration of Miscellaneous Tariff Bill (MTB) petitions for duty suspensions and reductions. The Miscellaneous Tariff Bill (MTB) Act of 2018 (MTB Act) temporarily reduced or eliminated import duties on specified raw materials

Today, our blog takes a detour from advising on the CPSC and FTC to update you on a lesser-known law that can have major compliance consequences for appliance manufacturers and importers: the Energy Policy and Conservation Act, or “EPCA.”

Background

EPCA was born out of legislation in the late 1970s, which authorized the setting of