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Supreme Court Limits Presidential Tariff Authority Under IEEPA: 5 Key Takeaways for Importers
The Court held that IEEPA does not authorize the President to impose tariffs, rejecting the Administration’s use of emergency powers to support broad tariff measures imposed by the President. The ruling has immediate and long-term implications for importers, exporters, and companies managing global supply chains.
clarkespositolaw
Feb 20


FDA Roundtable on ENDS PMTAs: More Clarity, Still No Clear Target
At its February 10, 2026 ENDS PMTA roundtable, FDA stressed that complete product data, strong manufacturing controls, and solid scientific evidence, especially for flavored products, are critical for authorization. While the agency offered more transparency about how it evaluates applications, it declined to set clear numerical benchmarks, leaving manufacturers still seeking greater predictability.
clarkespositolaw
Feb 16


Update to the Uyghur Forced Labor Prevention Act (UFLPA) Enforcement Statistics Dashboard
Importers should consider reviewing the updated Dashboard as part of their broader UFLPA compliance efforts. Our firm can advise clients on UFLPA compliance, supply chain risk assessments, responding to CBP detentions, and preparing submissions to rebut the UFLPA presumption. If you have questions about how these updates may affect your imports or would like assistance navigating a UFLPA enforcement action, we are available to help.
clarkespositolaw
Feb 10


Export Controls and Licensing Risks for Companies in High-Risk Jurisdictions Like Venezuela
Companies doing business in Venezuela or other high-risk jurisdictions like Syria, Sudan, or Cuba, often face uncertainty about how export controls and sanctions apply to their products, technology, and transactions. Let us handle the regulatory complexity so you can stay focused on running your business.
clarkespositolaw
Feb 2


CBP Launches Forced Labor Portal, Makes Electronic Submissions Mandatory
Importers impacted by forced labor enforcement actions should familiarize themselves with the Portal now to avoid delays or rejected submissions once the requirement takes effect.
clarkespositolaw
Jan 23


CBP Seizures, Forfeitures, & Importer Remedies for Counterfeit Goods: What Businesses Can Do
Delays in responding, incomplete arguments, and misinterpretations of the relevant intellectual property laws often lead to unfavorable outcomes. In some cases, even goods that were released may be subject to a demand for redelivery if CBP later determines that a violation occurred.
clarkespositolaw
Jan 12


Marking of Country of Origin on U.S. Imports Explained (VIDEO)
Improper or missing markings can lead to the rejection of goods, shipment delays, or even penalties. To prevent these issues, importers should verify. We can help importers navigate these nuanced marking requirements and country of origin determinations, ensuring that your businesses' products meet U.S. Customs and Border Protection (CBP) standards.
clarkespositolaw
Jan 5


What Really Happens During a CBP Detention
When U.S. Customs and Border Protection (CBP) detains a shipment, it can cause immediate concern for any business relying on timely delivery of goods. Understanding how the detention process works can help companies respond more effectively.
clarkespositolaw
Dec 29, 2025


Reinforcing Our Standards of Kindness and Inclusion: External Policy Updates for 2026
As part of our 2026 updates, we have made several enhancements that reinforce our dedication to kindness, diversity, and inclusion.
clarkespositolaw
Dec 22, 2025


CBP Issues Guidance on Implementation of Tariff-Related Elements of the United States-Korea Strategic Trade and Investment Deal
Importers may need to correct entries they filed before this guidance. If an entry has not yet liquidated, they can submit a post summary correction. If it has already liquidated, they can file a protest within 180 days. CBP also reminds filers to follow the required order of HTSUS reporting so duties are associated with the correct tariff provisions.
clarkespositolaw
Dec 16, 2025


Understanding Unreported Currency and CBP’s Reporting Requirements
Once currency is seized, the traveler must go through CBP’s administrative process to attempt to recover it. The presence of lawful funds does not prevent enforcement action if the reporting requirement was not met. Even money obtained legitimately can be taken if it was not disclosed to officers during border processing.
clarkespositolaw
Dec 8, 2025


Why CBP Seizes Millions of Counterfeit and Pirated Goods Each Year
CBP’s mandate allows it to examine, detain, seize, forfeit, and ultimately destroy goods that violate intellectual property laws. The agency does not need a complaint from a rights holder to take action, and in most cases, it does not need proof that the importer acted intentionally. CBP’s enforcement is civil and directed against the goods themselves rather than the business or individual importing them.
clarkespositolaw
Dec 1, 2025


Bona Fide Sales & Sales for Exportation to the U.S. Explained (VIDEO)
A bona fide sale refers to a legitimate transaction between a buyer and a seller involving the transfer of ownership of goods for consideration, typically money. To qualify as bona fide, the transaction must reflect a true transfer of goods and not just an internal transfer between related parties or entities. CBP examines the terms of the sale to confirm it meets these criteria, considering factors like purchase orders, contracts, and payment terms.
clarkespositolaw
Nov 24, 2025


What the New U.S.–China Trade Deal Means for Businesses
For U.S. businesses, the agreement includes changes affecting tariffs, agricultural exports, rare earth materials, and technology trade. Companies that import from or export to China may see adjustments in costs, trade rules, or licensing requirements and should review how the new measures apply to their operations.
clarkespositolaw
Nov 17, 2025


Rules of Origin Explained (VIDEO)
Rules of origin play a critical role in international trade because duties, exemptions, and restrictions often depend on where a product is deemed to have originated. Our firm can help businesses like yours comply with these regulations and maximize potential trade benefits.
clarkespositolaw
Nov 12, 2025


Counterfeit Watches and CBP Seizures: What Buyers Need to Know
Buying counterfeit goods—even for personal use—is illegal and can lead to serious consequences. CBP may seize your purchase, issue hefty penalties, and even revoke Trusted Traveler privileges. Learn how these cases unfold and why having experienced legal guidance can make all the difference.
clarkespositolaw
Nov 3, 2025


Understanding CFIUS: National Security Reviews in Foreign Investment
In today’s global economy, foreign investment helps fuel innovation and business growth in the United States. However, when an investment involves sensitive sectors such as defense, infrastructure, or advanced technology, national security concerns may arise. To address these issues, the U.S. government relies on the Committee on Foreign Investment in the United States (CFIUS).
clarkespositolaw
Oct 27, 2025


Trade Agreements and Rules of Origin: Navigating Compliance in Your Global Supply Chain
International trade agreements, such as the United States-Mexico-Canada Agreement (USMCA) and the World Trade Organization (WTO) agreements, come with specific rules of origin that determine whether a product qualifies for preferential treatment under the agreement. For importers and exporters, understanding these rules is essential for minimizing tariffs and ensuring compliance with trade regulations.
clarkespositolaw
Oct 20, 2025


U.S. Customs Value Explained (VIDEO)
Ensuring your goods are valued correctly not only helps avoid penalties but also ensures compliance with U.S. Customs and Border Protection (CBP) regulations.
clarkespositolaw
Oct 15, 2025


Country of Origin Determinations: Ensuring Accuracy in Import Declarations
Determining the correct country of origin for imported goods is crucial for compliance with U.S. Customs and Border Protection (CBP) regulations. The country of origin affects duties, tariffs, and even the legality of importing certain products. Incorrectly declaring the country of origin can lead to significant fines and penalties, making it important for importers to fully understand and comply with the rules governing origin determinations.
clarkespositolaw
Oct 6, 2025
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