Brian Johnson’s Post

With the fall of the Chevron deference standard in Loper Bright Enterprises v. Raimondo, a number of IP practitioners have identified the International Trade Commission (ITC) as a potential agency that might feel the repercussions of that decision. That conversation has focused on the Federal Circuit's ruling in Suprema, Inc. v. ITC, 796 F.3d 1338 (Fed. Cir. 2015) (en banc). In Suprema, the Federal Circuit relied on Chevron deference to validate the ITC's position that it could investigate products used to infringe a method claim through a finding of induced infringement. Since that time, however, the impact of that opinion has not been limited to those facts. Instead, the ITC has used Suprema to justify jurisdiction over many products that do not infringe at the time of importation. Without Chevron deference, it is unclear whether the ITC will maintain such a broad jurisdiction.

In our latest article, "Chevron, Suprema and the Case of the Disappearing ITC Importation Requirement", Author Brian Johnson writes: With the fall of the Chevron deference standard in Loper Bright Enterprises v. Raimondo, a number of IP practitioners have identified the International Trade Commission (ITC) as a potential agency that might feel the repercussions of that decision. That conversation has focused on the Federal Circuit's ruling in Suprema, Inc. v. ITC, 796 F.3d 1338 (Fed. Cir. 2015) (en banc). In Suprema, the Federal Circuit relied on Chevron deference to validate the ITC's position that it could investigate products used to infringe a method claim through a finding of induced infringement. Since that time, however, the impact of that opinion has not been limited to those facts. Instead, the ITC has used Suprema to justify jurisdiction over many products that do not infringe at the time of importation. Without Chevron deference, it is unclear whether the ITC will maintain such a broad jurisdiction.

If you have an importing business, you likely know that Participating/Partner Government Agencies (PGAs) often add increased regulations, requirements, and documentation to your imports. Dealing with these institutions, in addition to Custom’s standard regulations, can be an extra hurdle you don’t want to contend with, but it doesn’t have to be. We are here to help. PCB can help your business tackle the often complicated world of PGAs with our PGA Assessment service. In this service, we review your imports, find which PGAs will be interested in your imports, and help you prepare so there are no delays when they arrive at Customs.

📢 Important update in the Customs law. CBIC has revoked the benefits under the MOOWR, 2019 scheme for the importers of solar power modules which they are earlier importing without paying duties. #customs #moowr #update #GST #solar #import

LCI Updates: This regulation stipulates that the imports of products in the form of: (a) Biaxially Oriented Polypropylene (BOPP) in the form of film included in tariff line 3920.20.10, and (b) BOPP in the form of plates, sheets, foils, and other strips included in tariff lines ex3920.20.91 and ex3920.20.99, originating from Malaysia and the People's Republic of China, are subject to Antidumping Import Duty. https://lnkd.in/gAcNQUSE #tax #legalcentric

Great Job by HSI and its law enforcement partners… PetroChina International America Inc. entered into a non-prosecution agreement to pay a fine and monetary forfeiture totaling $14.5 million for violations of U.S. export law. Now, from the financial institutions’ perspective, if you are a financial institution that provides trade finance and/or financial services to import/export companies your commercial and compliance teams must be almost experts in dual use items and export regulations and apply EDD at all times so you dont get entangled in one of these cases…

Exporters and economic operators transporting goods to #EU countries by sea or land must submit an Entry Summary Declaration (#ENS) dataset to the EU's Import Control System 2 (#ICS2) as it becomes mandatory from 3 June onwards. This submission includes a comprehensive commercial description, HS 6-digit commodity code, additional party information, and an Economic Operators Registration and Identification (#EORI) number. During a limited deployment window, #exporters must request ICS2 filing authorisation from the member state where their registered EORI number is located. They can choose between a single complete ENS filing or multiple filings for clearance. Read the full story on #HKMB: https://bit.ly/49u5Y2M

Exporters and economic operators transporting goods to #EU countries by sea or land must submit an Entry Summary Declaration (#ENS) dataset to the EU's Import Control System 2 (#ICS2) as it becomes mandatory from June 3onwards. This submission includes a comprehensive commercial description, HS 6-digit commodity code, additional party information, and an Economic Operators Registration and Identification (#EORI) number. During a limited deployment window, #exporters must request ICS2 filing authorization from the member state where their registered EORI number is located. They can choose between a single complete ENS filing or multiple filings for clearance. Read the full story on #HKMB: https://bit.ly/49u5Y2M

Exporters and economic operators transporting goods to #EU countries by sea or land must submit an Entry Summary Declaration (#ENS) dataset to the EU's Import Control System 2 (#ICS2) as it becomes mandatory from 3 June onwards. This submission includes a comprehensive commercial description, HS 6-digit commodity code, additional party information, and an Economic Operators Registration and Identification (#EORI) number. During a limited deployment window, #exporters must request ICS2 filing authorisation from the member state where their registered EORI number is located. They can choose between a single complete ENS filing or multiple filings for clearance. Read the full story on #HKMB: https://bit.ly/49u5Y2M

𝗞𝗲𝘆 𝗨𝗽𝗱𝗮𝘁𝗲𝘀 𝗳𝗿𝗼𝗺 𝗞𝗲𝗹𝗹𝗲𝘆 𝗗𝗿𝘆𝗲’𝘀 𝗜𝗻𝘁𝗲𝗿𝗻𝗮𝘁𝗶𝗼𝗻𝗮𝗹 𝗧𝗿𝗮𝗱𝗲 𝗣𝗿𝗮𝗰𝘁𝗶𝗰𝗲 𝗕𝗶𝗱𝗲𝗻 𝗔𝗱𝗺𝗶𝗻𝗶𝘀𝘁𝗿𝗮𝘁𝗶𝗼𝗻’𝘀 𝟮𝟬𝟮𝟭-𝟮𝟬𝟮𝟰 𝗤𝘂𝗮𝗱𝗿𝗲𝗻𝗻𝗶𝗮𝗹 𝗦𝘂𝗽𝗽𝗹𝘆 𝗖𝗵𝗮𝗶𝗻 𝗥𝗲𝘃𝗶𝗲𝘄: 𝗛𝗶𝗴𝗵𝗹𝗶𝗴𝗵𝘁𝗶𝗻𝗴 𝗔𝗿𝗲𝗮𝘀 𝗳𝗼𝗿 𝗧𝗿𝗮𝗱𝗲 𝗟𝗮𝘄 𝗥𝗲𝗳𝗼𝗿𝗺 The 2021-2024 report highlights critical areas for U.S. trade law reform, focusing on import transparency, combating circumvention, and providing swift relief for affected industries. These recommendations aim to strengthen supply chains and address non-market threats. https://lnkd.in/ehFKW_cZ 𝗢𝗙𝗔𝗖 𝗜𝘀𝘀𝘂𝗲𝘀 𝗡𝗲𝘄 𝗗𝗲𝘁𝗲𝗿𝗺𝗶𝗻𝗮𝘁𝗶𝗼𝗻𝘀, 𝗦𝗮𝗻𝗰𝘁𝗶𝗼𝗻𝘀, 𝗧𝗮𝗿𝗴𝗲𝘁𝗶𝗻𝗴 𝗥𝘂𝘀𝘀𝗶𝗮𝗻 𝗘𝗻𝗲𝗿𝗴𝘆 𝗮𝗻𝗱 𝗣𝗲𝘁𝗿𝗼𝗹𝗲𝘂𝗺 OFAC issued significant sanctions targeting Russian oil revenue sources, including entities like Gazprom Neft and Surgutneftegas, alongside 180+ vessels and dozens of traders. New general licenses detail wind-down provisions and restrictions on petroleum services. https://lnkd.in/ewSmp8u6 Explore these developments and more on the Trade & Manufacturing Monitor blog: https://lnkd.in/eUHDjwpj #SupplyChain #InternationalTrade #Sanctions #KelleyDrye