Written by Susan Kohn Ross On Friday, March 17, 2023, the Court of International Trade issued its decision in the pending 301 litigation. That decision can be found here. The judges agreed the actions by the U.S. Trade Representative (“USTR”) were adequate and found the tariffs valid for the products on Lists 3 and 4. [Lists 1 and 2 were never challenged.] It is entirely … Continue reading 301 Judgment by CIT – Not Down for the Count – Yet!
Written by Susan Kohn Ross Updated 5:30pm PST, November 8, 2022. The 301 litigation at the Court of International Trade remains pending. The Government has filed its “Reply to comments on [R]emand [Determination]” responding to comments filed by Plaintiffs. Thereafter, Plaintiff’s will file their reply which is due by December 5, 2022. Once that filing takes place, the three judge panel will let litigants know … Continue reading Recent China 301 Activities – USTR Questions Released
Written by Susan Kohn Ross One of the hopes of the trade community when the Biden Administration was sworn in was that “something” would be done about the China 301 tariffs. To this point, there are no changes. In fact, while there was optimism at the outset, the reality is that no one in D.C. has a “better” vehicle for trying to rein in China’s … Continue reading China Tariffs Continue – Per USTR
Written by Susan Kohn Ross When the Uyghur Forced Labor Prevention Act (the “Act”) was signed into law in December 2021, many international traders looked at it and quickly realized a very high bar had been set for compliance, and that the impact on many U.S. companies would be significant, as well as negative. The hope was the mandated report to Congress would help clarify … Continue reading Forced Labor Rules Published – What Do They Mean For Importers?
Written by Susan Kohn Ross In discussing the current state of the 301 tariffs, the first place to start is with the pending litigation. There, the Government has filed its cross-motion to dismiss responding to what plaintiffs had previously argued. The next step is for the panel of judges assigned to these 3800+ cases to decide if they will order oral argument or decide the … Continue reading China Tariff – 301 Update
Written by Susan Kohn Ross Customs and Border Protection (“CBP”) is in the process of reimaging how it will operate in the future. This effort has been dubbed 21CCF. At the same time CBP has been developing its recommendations, a national coalition of trade associations has been formed to discuss the very same topic – what should CBP look like in the future? The coalition … Continue reading Customs and Border Protection’s Newest Modernization Efforts – What Is 21CCF?
Written by Susan Kohn Ross A New Year typically brings hope, optimism, and a fresh outlook. Unfortunately, when it comes to our shipping ports, the current circumstances lack anything that one could call hopeful. And, it appears things have gone from bad to worse. There are lots of reasons for the current mess. And, just as it took a long time for things to get … Continue reading Is Your Cargo Congested? Try This!
On February 24, 2021, MSK Partner Susan Kohn Ross presented via live webinar on “Powers of Attorney for Freight Forwarders and Customs Brokers.” Please enjoy a recording of this webinar and contact firstname.lastname@example.org with any questions pertaining to powers of attorney. Continue reading Powers of Attorney for Freight Forwarders and Customs Brokers
Written by Susan Kohn Ross There are conflicting opinions as to when the deadline (called the statute of limitations) expires to file a complaint at the Court of International Trade and seek refunds on any China 301 List 3 duties which were paid. We know the statute of limitations is two years – but when does it start? Some argue the statute expired on Friday, … Continue reading China 301 Duty Refunds – What Is Next?
Written by Susan Kohn Ross For many months, the customs brokerage community has been expecting to see updates to the existing regulations. They finally came out in the Federal Register on June 5, 2020, see here. Comments are due on or before August 4, 2020. While much of what is in the proposed revisions is not controversial and fits nicely into CBP’s stated purpose to … Continue reading Customs Broker Regulations Update – What Was CBP Thinking?