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  • Changes to Cuban Policy

    Neil B. Mooney · Export controls and sanctions

    The Trump administration is tightening restrictions on travel, trade, and remittances to Cuba. The new changes are as follows: Vessels and aircrafts initially authorized to fly to Cuba on temporary sojourn will no longer be able to.…

  • Exclusion Process for Items on List 4A Announced

    Neil B. Mooney · Section 301 and China

    On October 23, 2019, the U.S. Trade Representative announced that an exclusion process for the List 4A products will open on October 31, 2019. The deadline for submitting an exclusion request is January 31, 2020. The products on List 4A…

  • Additional Tariffs on EU Products

    Neil B. Mooney · Trade policy

    On Thursday evening, October 17th, it was confirmed that the tariffs on $7.5 billion of European goods will take effect today, October 18th. On October 2, 2019 the USTR published a list of the E.U. products that will be subject to the…

  • USTR Announces Additional Exclusions to Section 301

    Neil B. Mooney · Section 301 and China

    On September 17, 2019 the USTR announced additional exclusions to Section 301, Tranches 1, 2, and 3. The current additional duty rate for products on these lists is 25% and it is scheduled to increase to 30% on October 15. However, any…

  • OFAC Enforcement Against Va. Forwarder and Fl. Shipper

    Neil B. Mooney · Export controls and sanctions, FMC and maritime

    I. Virginia Forwarder The U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) issued a Finding of Violation to DNI Express Shipping Company (“DNI”), incorporated in McLean, Virginia, for a violation of § 501.602 of…

  • Delay on Certain Tariffs on Chinese Goods

    Neil B. Mooney · Trade policy

    Today, August 13, 2019, The United States Trade Representative announced that certain products such as cell phones, laptops, video games consoles, certain toys, some clothing and shoes are being removed from the forthcoming tariff list…

  • Update on List 4 Trump Tariffs

    Neil B. Mooney · Trade policy, Section 301 and China

    On August 1, 2019, President Trump announced on Twitter that the U.S. will impose a 10% tariff on roughly $300 billion worth of Chinese imports (List 4). The additional duties will go into effect beginning September 1, 2019. A…

  • Exclusion Request for List 3 Products Available from June 30, 2019 to September 30, 2019

    Neil B. Mooney · Section 301 and China

    On June 20, 2019, the U.S. Trade Representative announced that an exclusion process for List 3 products would open at noon EST, on June 30, 2019. The products on List 3 are currently subject to a 25% additional tariff. The deadline for…

  • UPDATE- Section 301 (Tranche 3) Duties as of May 10, 2019

    Neil B. Mooney · Section 301 and China, Customs compliance

    Yesterday, May 9, 2019, U.S. Customs and Border Protection (“CBP”) clarified that the Section 301 tariffs apply only to merchandise exported on or after May 10, 2019. Today, May 10, 2019, CBP provided updated guidance of the following…

  • Most Recent Update on Section 301 List 3 Tariffs

    Neil B. Mooney · Section 301 and China, Customs compliance

    Following up with yesterday’s blog on Section 301. Today the USTR published in the Federal Register the formal notice to increase the additional tariffs on List 3 products. The Notice reads: “Effective with respect to goods (i) entered…

  • Update on Section 301 List 3 Tariffs

    Neil B. Mooney · Section 301 and China, Customs compliance

    On May 5, 2019, President Trump tweeted that the U.S. would raise the Section 301 tariffs on List 3 products (i.e., $200 billion of goods) from 10 percent to 25 percent. The President also hinted that tariffs on a fourth list of…

  • More Duties and Tariffs

    Neil B. Mooney · Trade policy, Antidumping and countervailing duties

    More Duties and Tariffs 1. New AD/CV Duties Possible on Ceramic Tile from China A petition was filed on April 11, 2019, alleging that ceramic tiles from China is being sold at less than fair value in the U.S. market and benefitting from…

  • Have A Billion Dollar Export Penalty? Let’s Not.

    Neil B. Mooney · Export controls and sanctions, Seizures, penalties and forfeiture

    This is an old blog we lost during our transfer of site hosting. A record-setting payment of $1,190,000,000.00 by ZTE Corporation of Richardson, Texas (“ZTE”) shows the enormous risks today of underestimating U.S. export enforcement.…

  • Trademark Now – or Turmoil Later

    Neil B. Mooney · Intellectual property

    While running your business, you have a million things to think about. Customers, employees, taxes, transactions – the list is endless. But what about protecting the company’s very identity, goodwill, and brand? A company’s name and…

  • The Death of Intermediaries? Maersk’s Canary in the Coalmine.

    Neil B. Mooney · FMC and maritime

    This is an old blog we lost during our transfer of site hosting. Maersk, the world’s leading container ship operator, and Alibaba, the owner of China’s biggest e-commerce platforms, have decided to join forces in what has traditionally…

  • Time is Running Out – Renew Your Registration of Food Facilities Now!

    Neil B. Mooney · Customs compliance

    This is an old blog we lost during our transfer of site hosting. The 2016 Food Facility Registration biennial renewal period is wrapping up! In January of 2011 the FDA Food Safety Modernization Act (“FSMA”) was signed into law. It…

  • Trade Expansion Act Investigations

    Neil B. Mooney · Trade policy, Section 232

    This is an old blog we lost during our transfer of site hosting. On April 20, 2017, President Trump directed the U.S. Department of Commerce (DOC) to conduct an investigation into the effects of steel imports on U.S. national security.…

  • When the Broker Must be the Importer of Record

    Neil B. Mooney · Customs compliance, Seizures, penalties and forfeiture

    The Importer of Record, or “IOR” has a lot of liability for entry. Any penalties resulting from discrepancies relating to classification of the goods or admissibility issues, and the duties to be paid, must be covered financially by the…

  • Enhanced Enforcement of Antidumping and Countervailing Duties, New Petitions

    Neil B. Mooney · Antidumping and countervailing duties, Customs compliance

    This is an old blog we lost during our transfer of site hosting. Update on this topic is forthcoming in a future blog. Executive Orders President Trump issued two Executive Orders on March 31, 2017, signaling the new administration’s…

  • U.S. CBP New Regulations

    Neil B. Mooney · Customs compliance, Antidumping and countervailing duties

    This is an old blog we lost during our transfer of site hosting. Update on this topic is forthcoming in a future blog. When foreign manufacturers sell below the cost of production or “fair market value”, it is known as “dumping.”…

  • Finding Your Company’s Worth

    Neil B. Mooney · Customs compliance, Business and litigation

    Business Valuation is the process of determining the economic value of a business or company. Although this may seem pretty straightforward, accurately valuing each business takes a great amount of preparation and thought. Establishing…

  • Reducing Your Duty Rate, an Easier Way

    Neil B. Mooney · Trade policy, Customs compliance

    On May 20, 2016, Congress enacted the American Manufacturing Competitiveness Act, a new law to restructure the process companies go through to obtain temporary duty reductions and suspensions. Previously, companies would have to…

  • Understanding General Average

    Neil B. Mooney · FMC and maritime, Customs compliance

    Import and export traffic in our globalized world generally runs quite smoothly, but occasionally, the very real risks associated with the natural elements at sea or simple human error impact transportation adversely. Severe weather…

  • Unpacking Warehouse Liens

    Neil B. Mooney · FMC and maritime

    Warehouses are massive repositories of risk and are responsible for holding, in many cases, millions of dollars in property. Because of this huge responsibility, warehouses have the right to contractually limit liability for loss or…