On May 28, the U.S. Court of International Trade (“CIT”) blocked President Trump’s tariffs enacted under the International Emergency Economic Powers Act (“IEEPA”).[1] The CIT held that the IEEPA does not authorize presidential tariffs for trafficking or for worldwide/retaliatory purposes.[2] A day later, the U.S. District Court for the District of Columbia issued a preliminary … Continue Reading
On December 13, 2024, an Oakland County, Michigan trial court awarded AirBoss Flexible Products Co. nearly $3.5 million dollars on an unjust enrichment counterclaim asserted against MSSC, Inc., a tier one U.S. automotive supplier.[1] The ruling is the latest in a protracted battle between the two companies, which reached its well-known apex in July 2023 … Continue Reading
On May 15, the U.S. House of Representatives passed the Promoting Resilient Supply Chains Act of 2023 by a vote of 390 to 19. The bill, authored by Rep. Lisa Blunt Rochester (D-Del.) and Rep. Larry Bucshon M.D. (R-Ind.), is a bi-partisan effort and collaboration between the federal government and private entities to “map[], monitor[], … Continue Reading
The cyberthreat landscape is evolving as threat actors develop new tactics to keep up with increasingly sophisticated corporate IT environments. In particular, threat actors are increasingly exploiting supply chain vulnerabilities to reach downstream targets. The effects of supply chain cyberattacks are far-reaching, and can affect downstream organizations. The effects can also last long after the … Continue Reading
On May 11, 2023, Canada passed the Fighting Against Forced Labour and Child Labour in Supply Chains Act(Bill S-211), which will take effect on January 1, 2024 (the “Act”). The purpose of this Act is to implement Canada’s international commitment to fighting forced and child labor through reporting obligations on (a) government institutions[1] producing, purchasing, … Continue Reading
Companies are preparing to comply with the European Union’s new deforestation regulation (EUDR). On June 29, 2023, the European Parliament and Council formally adopted the EUDR. The EUDR goes into effect on December 30, 2024 for large companies (operators and traders)[1] and June 30, 2025 for micro and small exporters.[2]… Continue Reading
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.… 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 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 UCC. This is … 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 and Lianne Mantione for the second webinar in our two-part 2022 Chemicals Workshop webinar series, in partnership with the Ohio Chemistry Technology Council (OCTC).… 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 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
