After 40 years, the European Union has finally replaced the “old” law on liability for defective products, Council Directive 85/374/EEC, by a “new” Product Liability Directive 2024/2853 (PLD). The PLD harmonizes and increases the level of protection of natural persons within the internal market and provides for a much-needed adaptation of the law to the … Continue Reading
In a time defined by global disruptions, rising geopolitical tensions, and rapid technological change, manufacturers are increasingly challenged to reconsider where they manufacture. The traditional model of centralized, low-cost manufacturing, often anchored in Asia, is giving way to more diversified, resilient strategies. In line with this development, the United Arab Emirates (UAE) have embarked on … Continue Reading
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
This is a cross-post from The Trade Practitioner. Please contact D. Michael Kaye, Katie Pritchard, Ruaridh Guy, Joel Cockerell, Michael J. Wray with any questions. The Federal Register notice initiating the investigation identified the following seven global maritime passageways that may be subject to such constraints: (1) the English Channel, (2) the Malacca Strait, (3) the Northern … Continue Reading
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
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
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
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
Please contact Tim Flamank with any questions. If you subscribe to the view that Artificial Intelligence (AI) is going to change life as we know it, then you will have a vested interest in the semiconductor industry. Semiconductors, or chips, are the workhorses behind AI and nearly every modern digital technology. Chips are so vital … Continue Reading
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
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
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
This is an legal insight prepared by D. Michael Kaye, Sarah K. Rathke, Bridget McGovern and Michael J. Wray. 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 of US ports by expanding the US Coast Guard’s … Continue Reading
As Yemen’s Houthi rebels have increased attacks against vessels sailing through the Red Sea and the Gulf of Aden, global trade stakeholders have responded. It has been announced in the media that oil majors and large global shipping lines are suspending shipping operations in the Red Sea. In light of the current geopolitical climate, the … Continue Reading
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
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
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
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
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
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
This is a Cross-Post from The Trade Practitioner. Please contact Karen Harbaugh with any questions. The Biden Administration recently released the Federal Supplier Climate Risks and Resilience Proposed Rule requiring contractors of the federal government to disclose climate-related risks. Read more on the proposed requirements here.… Continue Reading
