Tag Archives: manufacturing

Sharpening the Stick: Expanding the UFLPA to Fight Unfair Trade and Unethical Imports

By Shawn Harwood and C. Bradford Ellison on Posted in supply chain
BACKGROUND The Uyghur Forced Labor Prevention Act (UFLPA) was enacted on December 23, 2021, and implemented on June 22, 2022. The UFLPA was designed to prevent the importation of goods mined, produced, or manufactured wholly or in part with forced labor in China. The multi-agency Forced Labor Enforcement Task Force (FLETF) monitors and develops the … Continue Reading

A guide to product liability in the UAE – Do you know your obligations?

By Agnieszka Wellenberg on Posted in supply chain
The product liability law of the United Arab Emirates is still relatively new. It was first introduced in 2006 as Federal Law No. 24/2006. This law has been superseded by a more comprehensive legal regime in 2020, the Federal Law No. 15/2020, as amended by Federal Decree-Law No. 5/2023 (“Consumer Protection Law”).[1] The existing legal … Continue Reading

Update: Top 10 Legal and Policy Issues for GCs in the Automotive and Transportation Industry in 2025

By Squire Patton Boggs on Posted in Legal Analysis, supply chain
Please contact Kate Kim Tuma, Francesco Liberatore, Rodney E. Slater, or Daniel F. Roules with any questions. As the automotive and transportation industry continues to evolve, legal departments are navigating complex challenges around technology, regulation and globalization. This updated list highlights 10 key legal and policy issues currently shaping the industry and expected to remain … Continue Reading

The new European Product Liability Directive – Are you prepared?

By Agnieszka Wellenberg on Posted in supply chain
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

Made in the Emirates – All you need to know about the UAE’s incentives for the manufacturing sector

By Agnieszka Wellenberg on Posted in supply chain
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

Court Of International Trade Halts Trump’s “Liberation Day” Tariffs As Administration Appeals Ruling; What Is The Court Of International Trade?

By Sarah Rathke, Janine Little and Joel Berg on Posted in supply chain
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

Cross-Post from The Trade Practitioner – On March 14, 2025, the US Federal Maritime Commission (FMC) announced the initiation of a nonadjudicatory investigation into transit constraints at international maritime “chokepoints.”

By Squire Patton Boggs on Posted in supply chain
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

Territorial Supply Constraints

By Squire Patton Boggs on Posted in supply chain
Please contact 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 does not … 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

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 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 that … 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 Jennifer Tharp, Jennifer Satterfield, 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 on the horizon, with … Continue Reading

Where Are My Chips?

By Squire Patton Boggs on Posted in Legal Analysis
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

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

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

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 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

Improving The International Supply Chain Through IPEF

By Ayah Ighneim, Janine Little and Sarah Rathke on Posted in supply chain
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
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