In 2020, HMTX Industries, LLC, along with over 3,600 other importers and associations, filed a lawsuit claiming that President Trump exceeded the authority delegated by Congress under Section 301 of the Trade Act when implementing the List 3 and 4a tariffs during a "trade war" with China. The lawsuit alleges violations related to trade secrets and intellectual property rights (IPR) theft.
Topics: United States, Section 301, USTR, Tariffs
Medical items being exported from the US to Russia, Belarus, and occupied regions of Ukraine may require an export license. The sanctions set forth under Sections 746.5, 746.6, 746.8, and 746.10 of the Export Administration Regulations (15 CFR Parts 730-774, “EAR”) are designed to include the prohibition of medical item exports that support military involvement in the ongoing conflict in Ukraine. There is a policy of denial for The Ministries of Defense of both the Russian Federation and Belarus. However, license applications for health and safety, medical, and humanitarian items destined for civilian facilities are reviewed and may be approved on a case-by-case basis.
Topics: Europe, Asia, Export Consulting
The U.S. Food and Drug Administration (FDA) is responsible for ensuring that all food, drugs, and medical devices imported into the United States meet the country's safety and quality standards. However, there are times when FDA import clearance delays occur, causing frustration for importers. Some of the most common reasons for delay include:
Topics: Import Consulting
Why is it that chemicals and pharmaceutical items are often classified incorrectly? The answer has more to do with the nature of pharmaceutical trade than the complexity of the tariff (though it is complex). In an industry with its fair share of non-commercial product movements for testing, diagnosis, analysis, and new product development, that ‘newness’ and the speed at which product moves can make compliance determination challenging. However, meeting reasonable care standards makes attention to and investment in an accurate classification process critical. Here are some tips on how to get it right.
Topics: HS Classification
The Court of International Trade has ordered that the tariff actions imposed by the Office of the United States Trade Representative, as amended on remand by Further Explanation of the Final List 3 and Final List 4 Modifications Pursuant to Court Remand Order, ECF No. 467, are sustained.
In a nutshell, while the Court ordered the government to correct the record - ECF 466, Sec. 301 Final Lists 3 & Final 4a are valid and remain in place.
Topics: Asia, Import Consulting, North America
