On July 1, 2021, the Federal Trade Commission’s (FTC) finalized a new Made in USA labeling rule that becomes effective August 13, 2021. The new rule codifies the FTC’s “all or virtually all” standard for unqualified “Made in USA” claims. The rule is intended to “crack down on marketers who make false, unqualified claims that
Frances P. Hadfield
Frances P. Hadfield is a counsel in Crowell & Moring's International Trade Group in the firm's New York office. Her practice focuses on forced labor and withhold release orders (WRO), import regulatory compliance, and customs litigation. She regularly advises corporations on matters involving customs compliance, audits, customs enforcement, as well as import penalties.
Frances represents clients before the U.S. Court of International Trade and the U.S. Court of Appeals for the Federal Circuit, as well as in proceedings at the administrative level. She advises corporations on both substantive federal and state regulatory issues that involve U.S. Customs and Border Protection, the Federal Trade Commission, Food and Drug Administration, and U.S. Fish & Wildlife in matters pertaining to product admissibility, audits, classification, import restrictions, investigations, marking, licenses, origin, penalties, and tariff preference programs.
UK and Canada Announce New Measures to Combat Forced Labor and Human Rights Violations
- A review of export controls as they apply to Xinjiang. The review will determine which additional products will be subject to export controls in the future.
- The introduction of financial penalties for organizations, with revenue of at least 36 million pounds ($49 million), who fail to meet their statutory obligations to publish annual modern slavery statements, under the Modern Slavery Act.
- Detailed guidance to UK business setting out the specific risks faced by companies with links to Xinjiang and underlining the challenges of effective due diligence there.
- Guidance and support for all UK public bodies to use public procurement rules to exclude suppliers where there is sufficient evidence of human rights violations in supply chains. Compliance will be mandatory for central government, non-departmental bodies, and executive agencies.
- A Minister led campaign of business engagement to reinforce the need for UK businesses to take action to address the risk.
New Legislation and Guidance Aimed at Addressing Forced Labor in Xinjiang, China
New Business Guidance to Address Supply Chain Risks and Considerations
The Departments of State, Treasury, Commerce, and Homeland Security issued guidance on July 1, 2020 titled “Risks and Considerations for Businesses with Supply Chain Exposure to Entities Engaged in Forced Labor and other Human Rights Abuses in Xinjiang” (the “advisory”). The advisory broadly…
U.S. Senate Passes Legislation Aimed at Ending Forced Labor in Xinjiang, China
On May 14, 2020, the U.S. Senate unanimously passed the Uyghur Human Rights Policy Act of 2020 (the “Act”). Introduced by Sen. Marco Rubio (R-FL), the Act aims to direct U.S. resources to address human rights violations and abuses, including forced labor, in the Xinjiang Uyghur Autonomous Region in Northwestern China. Credible research and investigations…
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…
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…
Clothing Importer Faces FCA Suit and Criminal Charges for Undervaluing Goods
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.…
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…
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…