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Territorial Supply Constraints

By Squire Patton Boggs on Posted in supply chain
Please contact Will Sparks, Gerard McElwee, and Oliver Geiss with any questions Territorial Supply Constraints (TSCs) refer to a range of practices used by brands and manufacturers that limit where retailers, wholesalers and distributors source their products – for example, preventing them from buying products from outside the country where they operate. EU competition law … Continue Reading

Copper Crisis?  The Economic Impacts of a Copper Import Tariff

By Shawn Harwood, Amjad Wakil and Jeremy Dutra on Posted in supply chain
On February 25, 2025, President Trump signed an executive order directing the Secretary of Commerce to investigate an alleged national security threat to the copper supply chain under Section 232 of the Trade Expansion Act and to report his findings and remediation recommendations.[1] Why Copper? Copper is crucial for defense, infrastructure, electronics, and emerging technologies, … Continue Reading

Cross-Post from Trade Practitioner – Final Rule Implementing ICTS Supply Chain Executive Order 13873 In Effect

By Squire Patton Boggs on Posted in supply chain, US national security/supply chains
This is a Cross-Post from the Trade Practitioner Blog. On May 15, 2019, President Trump issued Executive Order 13873 – Securing the Information and Communications Technology and Services Supply Chain (“EO” or “EO 13873”). After taking comments on a proposed implementing rule, the Department of Commerce (“DOC” or “Secretary”), on the very eve of the … Continue Reading

AirBoss II:  Michigan Court Awards Automotive Supplier $3.5 Million Based On “Unjust Enrichment”

By Janine Little and Sarah Rathke on Posted in supply chain
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

Bipartisan Push to Strengthen American Supply Chains

By C. Bradford Ellison, Shawn Harwood, D. Michael Kaye and Anya Bharat Ram on Posted in supply chain
Members of the Senate Commerce Committee have demonstrated an early bipartisan interest in continuing to promote U.S. supply chain resilience, highlighting an avenue for bipartisanship in the Trump Administration’s foreign policy agenda. Sen. Marsha Blackburn (R-Tennessee) has partnered with Democratic colleagues as an original cosponsor on the reintroduction of two pieces of legislation aimed at … Continue Reading

Forced Labor Update & Analysis – Fresh Names for the UFLPA Entity List

By Shawn Harwood, Anya Bharat Ram, C. Bradford Ellison, Ludmilla Kasulke and D. Michael Kaye on Posted in supply chain
I. Background The Uyghur Forced Labor Prevention Act[1] (“UFLPA”) was enacted to address alleged forced labor and human rights abuses in the Xinjiang Uyghur Autonomous Region (“XUAR”) of China. The Act relies on a rebuttable presumption that goods were made with forced labor if mined, produced, or manufactured, wholly or in part, in the XUAR or … Continue Reading

Cross-Post From Capital Thinking Blog – EU Publishes Regulation Banning Products Made With Forced Labour

By Squire Patton Boggs on Posted in supply chain
This is a Cross-Post from the Capital Thinking Blog.  Please contact Wolfgang Maschek, Thomas Delille, Marion Seranne, Ludmilla Kasulke, D. Michael Kaye, Christina Economides or Guillermo Giralda Fustes with any questions. The Forced Labour Regulation (FLR) was published on December 12, 2024, prohibiting products made with forced labor on the EU market.  The ban—which will begin on December 14, 2027—will apply to any global company … Continue Reading

Metal Surcharges Back in Antitrust Crosshairs

By Oliver Geiss and Judith Bahati on Posted in supply chain
On 12 December 2024, the Italian antitrust authority has launched an investigation into suspected cartel activity among low-voltage copper cable manufactures. According to the authority, the manufacturers allegedly agreed to standardize surcharges for metal procurement, evading competitive pricing practices as far back as 2005. Furthermore, since 2008, the manufacturers allegedly implemented a unified system, referred … Continue Reading

Trump Administration: Major Changes May be Coming in the Federal Government’s Posture Toward Electric Vehicles (EV’s)

By Squire Patton Boggs on Posted in supply chain
Please contact Patricia Doersch, Jennifer Tharp, Jennifer Satterfield, Michael Hawthorne, Kara-Marie Urban, or Ayah Ighneim with any questions. Automotive manufacturers, regulators and consumers face considerable uncertainty on how the incoming Trump Administration will attempt to reshape the automotive industry when President Donald Trump returns to the White House on January 20, 2025. Significant changes are … Continue Reading

Cross-Post from Discourse Magazine:  The Rise and Fall of the WTO

By Squire Patton Boggs on Posted in supply chain
This is a Cross-Post from Discourse Magazine.  Please contact Everett Eissenstat with any questions. Both U.S. presidential candidates have taken firm stances against free trade.  This bipartisan support marks a significant change in our country’s historical stance on promoting open markets and reductions in tariffs.  For a deeper dive into the transformation of the U.S. … Continue Reading

U.S. House Of Representatives Passes The BIOSECURE Act During “China Week”

By Janine Little on Posted in supply chain
On September 9, 2024, the U.S. House of Representatives commenced “China Week,” during which the House passed 25 bills intended to limit the influence of the Chinese Communist Party in the United States.[1]  Among these was the BIOSECURE Act—a piece of legislation that would prohibit federal funding for equipment or services provided by a “biotechnology … Continue Reading

Supply Chain Legislation On The Horizon

By Sarah Rathke on Posted in supply chain
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

Supply Chains Are The Next Subject of Cyberattacks

By Sarah Rathke, Kristin Bryan and Gicel Tomimbang on Posted in cyberattack, Cybersecurity, supply chain, US national security/supply chains
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

Supply Chain Disruptions: Drafting Contract Clauses to Mitigate Risks, Navigate a Breach, Avoid Litigation”

By Squire Patton Boggs on Posted in supply chain
Alexis Chandler will be participating in a CLE webinar on April 2, 2024 from 1pm-2:30pm EDT titled “Supply Chain Disruptions: Drafting Contract Clauses to Mitigate Risks, Navigate a Breach, Avoid Litigation.”  The panel will discuss the following: Squire Patton Boggs has ten complimentary passes for the webinar.  If you would like to attend, please contact Kristi … Continue Reading

White House Issues Executive Order to Strengthen Cybersecurity at US Ports

By Squire Patton Boggs on Posted in Legal Analysis, supply chain
This is an legal insight prepared by D. Michael Kaye, Sarah K. Rathke, Bridget McGovern, Michael J. Wray, Shea Leitch, John P. Flynn, Darien Flowers, and Michelle Story. Please contact one of the authors with any questions. On February 21, 2024, the White House issued an executive order implementing various measures to bolster the security … Continue Reading

Council On Supply Chain Resilience Tasked With Strengthening Domestic Supply Chains And Limiting Reliance On Foreign Medical Supplies

By Squire Patton Boggs on Posted in supply chain
November 27, 2023 marked the inaugural meeting of the White House Council on Supply Chain Resilience, a cabinet-level council focused on building and advancing the success of America’s critical supply chains.  The meeting commenced the Biden-Harris Administration’s initiative to provide American citizens with domestic access to medicine and vaccines that have previously been inconsistently available.… Continue Reading

Canada’s Fighting Against Forced Labour and Child Labour in Supply Chains Act Goes Into Effect Soon

By Sarah Rathke and Anna Huttner on Posted in supply chain
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

White House Finalizes Long-awaited Build America, Buy America (BABA) Guidance

By Squire Patton Boggs on Posted in supply chain, Uncategorized
On November 15, 2021, President Biden signed into law the Infrastructure Investment and Jobs Act (IIJA) (P.L. 117-58), which includes the Build America, Buy America Act (BABA) requiring infrastructure projects receiving IIJA funding and other federal financial assistance to utilize certain domestically produced materials, including iron or steel products, manufactured products, and construction materials.  On … Continue Reading

Michigan Supreme Court Upholds UCC Statute of Frauds Rule Requiring Quantity Terms To Be In Writing

By Sarah Rathke on Posted in supply chain
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 To “De Minimis” Shipping Will Likely Have Effects Beyond China And Russia

By Michael Hawthorne, C. Bradford Ellison and Sarah Rathke on Posted in supply chain
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

CBP Targets Battery Tech for UFLPA Enforcement

By Ludmilla Kasulke on Posted in supply chain
Customs and Border Protection (CBP) recently indicated potential increased scrutiny of battery technology under the Uyghur Forced Labor Prevention Act (“UFLPA,” or the “Act”). Although the Act covers essentially all trade touching China’s Xinjiang region, it specifically lists cotton, polysilicon, and tomatoes as high-priority sectors for enforcement. Recent CBP actions indicate battery technologies are also … Continue Reading

DHS Adds Two Entities, Eight Subsidiaries to UFLPA Entity List

By Ludmilla Kasulke on Posted in supply chain
On June 12, 2023, the Department of Homeland Security (DHS), on behalf of the Forced Labor Enforcement Task Force (FLETF), published a Notice adding two entities and eight subsidiaries to the Uyghur Forced Labor Prevention Act (UFLPA) Entity List, for allegedly working with the government of the People’s Republic of China’s Xinjiang Province to recruit, … Continue Reading
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