The Michigan Supreme Court issued an Opinion on July 11, 2023 in MSSC, Inc. v. Airboss Flexible Products Co., reversing a Court of Appeals opinion holding that blanket purchase orders were enforceable under the UCC Statute of Frauds. In short, the Michigan Supreme Court upheld the longstanding Statute of Frauds rule that contracts must contain … Continue Reading
Changes may be coming to the “de minimis” exception under Section 321 of the Tariff Act of 1930, as amended, which allows goods valued less than $800 to enter the United States free of duty and taxes, and generally free from formal review, when shipped to individual consumers. Senators Sherrod Brown (D-OH) and Marco Rubio … Continue Reading
How IPEF Builds On Prior Trade Relationships Negotiated By The Biden Administration: In May 2023, the Biden Administration announced the Indo-Pacific Economic Framework for Prosperity (IPEF), a commitment to improving supply chains between the U.S., and the Indo-Pacific nations of Australia, Brunei, Fiji, India, Indonesia, Japan, Malaysia, New Zealand, the Philippines, Singapore, South Korea, Thailand, … Continue Reading
U.S. Customs and Border Protection’s (“CBP”) implementation of the Uyghur Forced Labor Prevention Act (“UFLPA”) remains a work in progress, as importers work to mitigate shipment detentions and respond to UFLPA reviews and enforcement actions. Emerging best practices may guide stakeholders as they navigate these uncertainties. Develop a Due Diligence System Due diligence systems allow … Continue Reading
As part of a continued effort to enforce the Uyghur Forced Labor Prevention Act (UFLPA) and to provide early warning to importers and their representatives that goods may have been produced in the Xinjian Uyghur Autonomous Region (XUAR), U.S. Customs and Border Protection (CBP) will require businesses to provide a valid postal code for Chinese manufacturers … Continue Reading
Last Friday, February 24, 2023, the Biden Administration issued a Proclamation on Adjusting Imports of Aluminum into the United States. You can read the full proclamation here. The Proclamation states that, beginning on March 10, 2023, a 200% ad valorem tariff will be imposed on all aluminum articles and derivative aluminum articles produced in Russia. … Continue Reading
This is a cross post from Law360. Please contact Sarah Rathke or Alexis Chandler with any questions. In the US, the UCC Statute of Frauds’ (2-201) requirement that a contract must contain a written quantity term to be a binding contract, has been the law of the land in all 49 states that have adopted the … Continue Reading
Please join us on Thursday, October 13 at 12PM EDT for 2022 Chemicals Workshop Webinar Series: PFAS, REACH and Other Chemical Regulatory Issues. Join Allen Kacenjar, Lianne Mantione and Anita Lloyd for the second webinar in our two-part 2022 Chemicals Workshop webinar series, in partnership with the Ohio Chemistry Technology Council (OCTC). In this session, … Continue Reading
Christmas came early this year. Ok, not really, but the Department of Homeland Security, which chairs the Forced Labor Enforcement Task Force (FLETF) released its strategy guidance on the Uyghur Forced Labor Prevention Act on June 17, 2022—four days ahead of schedule. Click here to view FLETF’s strategy guidance. SPB will be hosting a webinar … Continue Reading
Late Monday, June 13, 2022, Customs and Border Protection (CBP) issued its long-anticipated Operational Importer Guidance to guide importers before the Uyghur Forced Labor Prevention Act (UFLPA) enters into effect on June 21. As a reminder, beginning on that date, CBP will apply a rebuttable presumption that goods coming from the Xinjiang region violate a … Continue Reading
The Uyghur Forced Labor Prevention Act goes into effect on June 21, 2022. The Act creates a rebuttable presumption that “any goods, wares, articles, and merchandise mined, produced, or manufactured wholly or in part in the Xinjiang Uyghur Autonomous Region of the People’s Republic of China” (or by an entity included on a list required … Continue Reading
Regulators worldwide are increasing their demands that manufacturers and retailers know and understand all aspects of their supply chains as they relate to Environmental, Social, and Governance (“ESG”) goals. Keeping the findings, communications, information, and reports generated in connection with supply chain ESG investigations is imperative to ensure full and candid fact-finding and to manage … Continue Reading
On January 24, 2022, the Department of Homeland Security (DHS) began soliciting comments on a strategy to ensure goods alleged to have been made with forced labor are not imported into the United States from China, including the Xinjiang region. The comment window reflects the first major requirement of a law passed by Congress addressing … Continue Reading
Partner Sarah Rathke is pleased to present an upcoming year-end CLE in connection with Thompson Reuters entitled, “Why Is Everything Broken? Understanding Pandemic Supply Chains” on December 20, 2021 at 2:00 pm ET. This CLE will discuss areas causing stress to supply chains including changes in consumption patterns, the labor market, global diplomatic relationships, and … Continue Reading
This is a Cross-Post from Lexis PSL. Please contact Anita Lloyd with any questions. The Environment Act 2021 (EA 2021), first introduced to Parliament in 2019, received royal assent and became law on November 9, 2021. EA 2021 places obligations on UK businesses to prevent deforestation. As published on Lexis PSL on November 30, 2021, our … Continue Reading
This is a Cross-Post from The Plain Dealer and cleveland.com. Please contact Sarah Rathke with any questions. In this article written by partner Sarah Rathke, she explains dramatic strain COVID-19 has put on our logistics networks worldwide and the “‘black swan’ tsunai” effecting today’s global supply-chain.… Continue Reading
This is from Supply Chain Management Review‘s Talking Supply Chain Podcast. Please contact Sarah Rathke with any questions. Partner Sarah Rathke, who co-authored The Legal Blacksmith with Rosemary Coates, discusses the legal implications of today’s supply chain crisis including the disputes supply chain partners face due to disruptions and labor and materials shortages with Bob … Continue Reading
This is a Cross-Post from the Restructuring GlobalView Blog. Partner Simon Garbett discusses the impact on the supply chain following the lifting of the coronavirus restrictions in the UK. To learn how UK businesses are addressing the supply chain issues, read the full article here.… Continue Reading
Partner Sarah Rathke is pleased to present “Why Is Everything Broken? Understanding Supply Chains in 2021” on December 9, 2021 at 11 a.m. EDT. This webinar will discuss the causes of the current supply chain logjams, put them into historical context and will outline various paths forward. As the holidays approach, our sponsor and our … Continue Reading
This is a Cross-Post by Reuters. Please contact Sarah Rathke with any questions. Partner Sarah Rathke discussed with Reuters on how A.I. and digital twin technology can aid to help solve supply chain disruptions and the potential data privacy complications companies might encounter when sharing detailed supply chain data. You can view the video interview … Continue Reading
This is an article published by The Am Law Litigation Daily. Please contact Sarah Rathke with any questions. The global pandemic has landed the manufacturing supply chain in unchartered territory. SPB Partner Sarah Rathke recently spoke with Am Law Litigation Daily to discuss the supply chain mess from a legal perspective. The article here recaps … Continue Reading
This is a Cross-Post from Capital Thinking blog. Please contact Ludmilla Kasulke with any questions. As Milla Kasulke reports at our Capital Thinking Blog, the Department of Defense is seeking comments on four supply chain topics identified by the agency, in connection with President Biden’s February 24, 2021 Executive Order entitled, “America’s Supply Chains.” Comments … Continue Reading
We made the Wall Street Journal today in an article discussing recent efforts by suppliers to provide for greater price flexibility in their supply chain contracts, quoting supply chain partner Sarah Rathke. While price escalation clauses are well known in some industries (for instance, energy) and in some geographical markets (for instance, at times, in … Continue Reading
Companies based or doing business in agricultural areas in the U.S. could soon be under increased scrutiny from the federal government, including Congressional investigators, stemming from labor trafficking of unaccompanied migrant children and teens. This year alone, over 90,000 minors attempted to cross the U.S. When stopped at or near the border, the children are … Continue Reading
