International Trade Law: A Comprehensive Guide to Customs Tariffs and Trade Remedies

95 questions on international trade law, answered and cited by the UpLaw editorial team.

• Are Section 301 and Section 232 duties eligible for drawback?
• Can a Foreign Trade Zone avoid Section 232 or Section 301 tariffs?
• Can CBP block gray-market imports of genuine goods?
• Can I blame my customs broker for a misclassification?
• Can I change my product's country of origin by moving assembly to a third country?
• Can I claim a free trade agreement preference after importation?
• Can the President impose tariffs under IEEPA?
• Can transaction value be used when the buyer and seller are related?
• Does a DDP Incoterm make the seller the importer of record?
• Does liquidation finality protect an importer from a customs penalty?
• Does Section 337 reach trade secret theft that occurred entirely abroad?
• Does the first sale rule apply to goods from nonmarket economies?
• Do I have to pay the duties before suing over a classification dispute?
• Have courts limited the President's Section 232 tariff authority?
• How can a customs problem become a False Claims Act case?
• How can a trademark owner use CBP to stop counterfeit imports?
• How do courts determine the "essential character" of a composite good?
• How does an importer pass a focused assessment?
• How does Commerce calculate antidumping margins for nonmarket economies?
• How does the UFLPA rebuttable presumption work?
• How do the major U.S. trade remedies compare?
• How do USMCA rules of origin work?
• How has Loper Bright changed trade litigation?
• How is the Court of International Trade's jurisdiction structured?
• How is the Harmonized Tariff Schedule structured?
• How large can a Section 592 customs penalty be?
• How long does the government have to bring a customs penalty action?
• How long do I have to protest a CBP decision?
• How long must an importer keep customs records?
• How much deference do CBP ruling letters get from courts?
• How should an importer of AD/CVD merchandise protect itself contractually?
• Is "Made in USA" the same question as customs country of origin?
• Is the Generalized System of Preferences currently in effect?
• Should I always file a prior disclosure when I find a customs error?
• What are critical circumstances in an antidumping case?
• What are the benefits of a Foreign Trade Zone?
• What are the Carborundum factors for determining principal use?
• What are the conditions for a valid prior disclosure?
• What are the essential takeaways for an importer building a compliance program?
• What are the General Rules of Interpretation and how are they applied?
• What are the main types of duty drawback?
• What are the three different jobs that "country of origin" does in trade law?
• What are the three stages of the customs entry cycle?
• What can be deducted from the price paid in computing customs value?
• What documentation does UFLPA compliance actually require?
• What does 19 U.S.C. § 1592 prohibit?
• What does country-of-origin marking require?
• What does Section 307 prohibit regarding forced labor?
• What does the importer's duty of "reasonable care" require?
• What due process rights does an importer have in an EAPA proceeding?
• What duty savings does HTSUS Chapter 98 offer?
• What happened in the Section 301 tariff litigation?
• What happens if I miss the customs protest deadline?
• What happens if imported goods are not properly marked?
• What is a CBP binding ruling and when should I get one?
• What is a CBP focused assessment?
• What is a customs bond and why does the surety matter?
• What is an "assist" in customs valuation?
• What is an EAPA evasion investigation?
• What is a prior disclosure and how much does it save?
• What is a scope ruling and when should I get one?
• What is a Section 201 safeguard and how is it different from antidumping?
• What is a Section 232 national-security tariff?
• What is a Section 232 or Section 301 exclusion?
• What is a Section 301 tariff?
• What is a Section 337 investigation at the ITC?
• What is a sunset review in an AD/CVD case?
• What is a USMCA certification of origin and who can complete it?
• What is a Withhold Release Order?
• What is circumvention of an antidumping order?
• What is deemed liquidation and why does it matter?
• What is duty drawback and how much can be recovered?
• What is the customs valuation hierarchy?
• What is the de minimis exemption for low-value shipments?
• What is the difference between an eo nomine and a use provision in the HTSUS?
• What is the domestic industry requirement in a Section 337 case?
• What is the first sale rule and when can an importer use it?
• What is the most common analytical error in tariff classification?
• What is the "price actually paid or payable" for customs valuation?
• What is the procedure for a customs penalty case?
• What is the process for an antidumping or countervailing duty case?
• What is the substantial transformation test?
• What mitigating and aggravating factors does CBP consider in a penalty case?
• What must be added to the price paid to arrive at transaction value?
• What other recent administrative-law decisions affect trade practice?
• What remedies can the ITC grant under Section 337?
• What three declarations must an importer make to U.S. Customs?
• When is an imported article classified as a "part"?
• Who bears the burden of proof in a classification dispute at the Court of International Trade?
• Who bears the burden of proof in a customs negligence penalty case?
• Who is the importer of record and why does it matter?
• Why did the Customs Modernization Act change the importer's role?
• Why does it matter whether a trade remedy is quasi-judicial or executive?
• Why is the U.S. retrospective antidumping system so dangerous for importers?
• Why must an AD/CVD appeal begin with an injunction motion?