COVID-19 has disrupted and will continue disrupting supply chains in many important ways, as suppliers, carriers and buyers navigate the global pandemic. But does the pandemic allow activation of force majeure clauses in your contracts? If a force majeure clause is activated, what are the rights and responsibilities of each party during the pandemic? When
Recent EPA Developments and Their Impact on Retailers
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
Considerations for Global Employers During the COVID-19 Pandemic
The World Health Organization, on March 11, 2020, officially declared the spread of COVID-19 a pandemic. By now, most multinational companies have already been grappling with the effects of the coronavirus and are considering the steps they should be taking
New Rules Combating Trafficking in Counterfeit and Pirated Goods Impact E-Commerce
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
Doing Business in China – Managing “Fapiaos”
When selling and sourcing from China, companies should closely track any fapiaos issued from its Chinese subsidiaries and obtained from Chinese vendors, as missing, falsified, or fake fapiaos can carry significant potential civil and criminal penalties.
Anyone who has travelled to China will have encountered little pieces of paper called “fapiao” that act
Doing Business in China: Coronavirus – Issues for Retail Employers
As concern about coronavirus – the upper-respiratory infection that was first diagnosed in humans in Wuhan, China in late 2019, and has spread to the United States in recent days – grows worldwide, employers face a series of questions regarding the impact the virus will have on the workplace.
What Must Employers Do to Maintain
China Customs and Intellectual Property Rights Protection
Our retail multinational clients often ask if there is an effective way of protecting intellectual property rights (“IPR”) in China. While traditional enforcement remedies in China have been ineffective in the past, customs border protection schemes in recent years have provided a cost effective tool to protect the IPR of brand owners in the retail
ITC Indicates It Will Open the Miscellaneous Tariff Bill (MTB) Petition Portal On October 11
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
Rulemaking on the Way? The FTC is Seeking Input by October 11 on its “Made in USA” Claims Policy
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
ITC Publishes Final Rule Regarding Filing of Miscellaneous Tariff Bill (MTB) Petitions
On August 27, 2019, the U.S. International Trade Commission (ITC) published a final rule regarding the procedures for the preparation and filing of Miscellaneous Tariff Bill (MTB) petitions and public comments. The Miscellaneous Tariff Bill (MTB) Act temporarily reduces or eliminates import duties on specified raw materials and intermediate products used in manufacturing that are