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
Fashion Industry Affected by USTR’s Proposed 10 Percent Ad Valorem Tariff on Imports from China
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 Beware: DOE Battery Charger Regulations Can Cost
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
Customs and Border Protection’s Classification of “Snoopy Sno-Cone Machine”
Our colleagues in International Trade report on new customs rulings each week, and this week’s ruling involves a classic children’s toy. If your company imports this item, read on for additional details.
In NY N303641, Customs and Border Protection (CBP) discussed the classification of the “Snoopy Sno-Cone Machine.” The imported item is a snow-cone making
Frances Hadfield to Speak on “Trade, Tariffs & Trump”
On April 24 , Crowell & Moring’s Frances Hadfield will speak at the Sports & Fitness Industry Association’s (SFIA) Business & Risk Management Summit. Frances will provide best practices and strategic advice for sports industry retailers who are struggling to protect their products and businesses from increased manufacturing costs overseas. Her presentation, “Trade, Tariffs &
Crowell & Moring’s Newly Released 2019 Regulatory Forecast Provides Forward-Looking Insights On How The Pace Of Technological Change Has Revolutionized Commerce & Industry
Crowell & Moring has issued its fifth annual report on regulatory trends for in-house counsel. “Regulatory Forecast 2019: What Corporate Counsel Need to Know for t
he Coming Year” explores a diverse range of regulatory developments coming out of Washington and other leading regulatory centers of power, and it takes a deep dive
Get Ready for MTB 2019 – The Process for Requesting the Reduction or Elimination of Import Duties
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
EPCA Compliance: What Appliance Manufacturers (and Importers) Need to Know
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
e.l.f. Cosmetics Settles Potential Civil Liability for Apparent Violations of the OFAC North Korea Sanctions Regulations
On January 31, 2019, e.l.f. Cosmetics, Inc. (“ELF”) agreed to pay $996,080 to settle its potential civil liability for 156 apparent violations of the North Korea Sanctions Regulations (NKSR). Elf is a cosmetics company headquartered in Oakland, California.
ELF appeared to have violated § 510.201(c)1 of the NKSR by importing 156 shipments of
Government Blocks Companies from Importing and Selling Children’s Products after Alleged Non-Compliance with Product Safety Laws
The U.S. Department of Justice and Consumer Product Safety Commission recently announced that they had entered into consent decrees with three New York-based toy companies and five individuals for importing and selling products that violate the Federal Hazardous Substances Act and the Consumer Product Safety Act. The consent decrees enter permanent injunctions against the companies from importing and selling toys until certain remedial actions are implemented and monitored by the CPSC. The decrees can be read here and here.
The DOJ and CPSC alleged that the individuals and companies – Everbright Trading Inc., Lily Popular Varieties & Gifts Inc., and Great Great Corporation – imported and sold numerous children’s toys and products that contained high levels lead content, lead paint, and phthalates; contained small parts; and violated the mandatory toy safety standard (ASTM F-963), bicycle helmet safety standard, and labeling of art material (LHAMA) requirements.