Five Questions, Five Answers

In the first installment of the Five Questions, Five Answers podcast, Director of North American Manufacturing Birgit Matthiesen breaks down the First Sale Rule with Customs & Import Compliance Partner Angela Santos.

Today's Questions:

What is the First Sale Rule (the Rule), and how does it work?
What costs are not included in the value that the Rule is assessed upon?
Are only certain industries or product lines eligible for the Rule?
Do products have to be produced in a specific country to be eligible?
How can Arent Fox help your company take advantage of the Rule?

Five Questions, Five Answers How the First Sale Rule Can Lower Your Duties by up to 30%

In this installment of the Five Questions, Five Answers podcast, Director of North American Manufacturing Birgit Matthiesen explores the impact of the USMCA on the electric mobility sector with Antonio J. Rivera and James Kim.

Today's Five Questions:

When it comes to the USMCA, what's new for the electric mobility world?

How are batteries treated in the USMCA, what are the current regional content requirements, and how will they increase over the years?

Is there an option B or C if the regional value content of a battery falls short of USMCA requirements?

What is CBP looking for in terms of their USMCA enforcement strategy?

Where is Washington on a reinstitution of Section 301 tariff exclusions and requests?

Using the USMCA to Enhance Your Company's Competitive Edge: Five Questions, Five Answers

In this installment of the Five Questions, Five Answers podcast, Director of North American Manufacturing Birgit Matthiesen, Partner Angela Santos, and Associate Christine Hintze discuss the impact of US Customs' crackdown on forced labor in company supply chains.

Highlights of the conversation include:

What kind of products are subject to Withhold Release Orders (WROs)
How Customs decides to issue a WRO
How a WRO may impact goods sent to the US via another country
What companies should do if their goods are held at the time of entry
Congress' stance on forced labor and WROs
How companies can ensure that forced labor is not present in their supply chains

Is there Forced Labor in Your Supply Chain? Prevent Costly Import Detentions at the Border

Rising tensions between Washington and Beijing have had significant impacts on international trade in the form of US 301 Tariffs on a wide range of imports. In this episode, Birgit Matthiesen and Leah Scarpelli highlight what businesses need to know.

Highlights of the conversation include:

Do these 301 tariffs apply to all products entering the United States?

Can an importer request an exemption or waiver of these duties, and if so, under what conditions and how?

Do the tariffs apply to products with inputs or components from China that were assembled and exported from elsewhere?

Is the 301 tariff applied at the time of import separate and apart from other tariffs?

What can we expect in 2022?

US China Tariffs and Your Supply Chain

In this installment of the Five Questions, Five Answers podcast, Birgit Matthiesen, Antonio J. Rivera, and James Kim invite Steve Christensen, the executive director of the Responsible Battery Coalition, to discuss how the USMCA impacts the North American battery industry.

Highlights of the conversation include:

What the Responsible Battery Coalition is and what it aims to accomplish

The definition of a responsible battery

The general provisions of the USMCA, its benefits, and its risks

The Remanufacture Provision and how it works

Other regulatory international issues companies in the battery industry should be mindful of

Navigating the USMCA Impact on the North American Battery Industry

With Washington's latest investment in electric mobility for public transportation, Birgit Matthiesen and Antonio J. Rivera talk with Steve Griffith, Senior Industry Director of the National Electrical Manufacturers Association (NEMA), about what NEMA vehicle components manufacturers need to know.

Washington Invests $17 Million for Electric Mobility: How the USMCA Plays a Role

Is Canada ready for the EV boom? Can it lead? And will the USMCA create the regional hub envisioned by negotiators?

Join Birgit Matthiesen as she talks trade policy with Flavio Volpe, the President of the Automotive Parts Manufacturers of Canada.

Podcast: The Voice of Canadian Automotive Parts Manufacturers

Companies in Canada and the United States are moving forward to advance electric mobility and its promises for a cleaner economy. Birgit Matthiesen speaks with Daniel Breton, President and CEO of Electric Mobility Canada.

Electric Mobility Canada on Its Promises for a Cleaner Economy

Last November, President Biden signed a law that injected $108 billion into public infrastructure projects including clean energy targets. Birgit Matthiesen speaks with AFS Government Contracts Partner, Travis Mullaney, about how this law impacts the Buy America and Buy American Act.

Sound clip via The White House: https://www.whitehouse.gov/state-of-the-union-2022/

Biden’s Plan to Build America and Buy American

The auto industry's attention has turned to Georgia, which has received over $5 billion in investment in its auto industry, with Hyundai and Rivian, respectively, announcing the construction of two new manufacturing facilities. Birgit Matthiesen chats with Georgia Automotive Manufacturers Association (GAMA) President, CEO, and Founder Rick Walker about Georgia's thriving and growing auto industry.

Driving the I-75 with Rick Walker of GAMA Georgia

Birgit Matthiesen is joined by Tanya Bolden and James Liegghio of the Automotive Industry Action Group (AIAG) to discuss how auto companies can stay ahead of changing compliance, performance, and sustainability requirements in their supply chains.

Five Questions, Five Answers: A Conversation with the Automotive Industry Action Group

In this podcast, Birgit Matthiesen talks to Steve LeVine about the fast-paced electric vehicle industry and the global competition of its supply chain. AFS colleague, James Kim, joins the conversation with his thoughts on the Inflation Reduction Act and US trade rules and their important role in determining sourcing and production.

Electric Vehicle Batteries and Geopolitics: A Conversation With Steve Levine

The USTR is seeking public comments in their 4-year review process of these double-digit tariffs. It's an important time for importers and a critical opportunity. Birgit Matthiesen speaks to Leah Scarpelli to find out where things stand and what companies should be considering in the days ahead.

The Future for US 301 Tariffs: Will They Remain? USTR is Asking

In this episode of 5Q5A, Birgit Matthiesen invites AFS Partner Kay Georgi to guide listeners through recent changes to US Export Controls surrounding a recent interim final rule. Companies will see ramifications on what they sell out of the country and to whom, directly impacting the future of our trade relationship with China.

* This episode was recorded before the BIS FAQs were released.

Washington’s Latest Action on US Export Controls – “This is a Huge Expansion!”

The US Inflation Reduction Act of 2022. Will your Company be Ready in 2023?

In this latest installment of Five Questions/Five Answers, Birgit Matthiesen speaks to her colleague, Samantha Overly, to get the latest from Washington on the roll out of the IRA.

When will the rules kick in? Why the proposed rules will be important to watch. What will the rules dictate in regards to clean energy manufacturing and investment credits? Who can take advantage of these important incentives presented by the IRA?

5Q5A A Forward Look at IRA’s Sweeping Impact on the EV Sector

Canada’s 2023-2024 Budget was announced on March 28th, four days after the visit to Ottawa by President Biden. The budget introduces close to $20 billion (CDN) in clean energy investments and new tax credits for clean electricity and new equipment for the sector.  Birgit Matthiesen talks to David Adams, President and CEO of Global Automakers Canada who was on Parliament Hill at the time of the budget’s release.

Electric Vehicle News From Canada with David Adams

In this podcast, Birgit Matthiesen speaks with Bob Kirke, the Executive Director of the Canadian Apparel Federation, who will share the very latest about Canada’s efforts to ban imports suspected of having been made with forced and child labor.

Given the nature of the North American apparel and textile market, how Canada will enforce S. 211, the Fighting Against Forced Labor and Child Labor in Supply Chains Act, will be important to watch. Canada’s direction does not precisely mirror Washington’s Uyghur Forced Labor Prevention Act, leaving executives to decide whether the U.S. reporting and disclosure requirements should be adopted for their NA operations. Listen to Bob’s fascinating discussion of how S. 211 became law, what might be next on Ottawa’s agenda and the new Canadian Customs requirements beginning January 1, 2024.

The takeaway quote from Bob: “Most Canadian companies if they are able to deal with UFLPA, they can deal with anything that CBSA is going to do.”

Canada Passes Legislation to Ban Imports Produced by Forced Labor – Now What?

In this episode of Five Questions, Five Answers, Birgit Matthiesen speaks with Dr. John D. Graham of the Indiana University School of Public and Environmental Affairs. Dr. Graham has authored or coauthored a number of works including his latest book - The Global Rise of the Modern Plug-In Electric Vehicle: Public Policy, Innovation and Strategy (Elgar House Publishing. UK, 2021). Dr. Graham will join Birgit on a panel at EVS 36 in Sacramento on June 13, 2023. 

This conversation is a preview of their panel and their insight into the challenges and opportunities ahead for the EV sector. Topics include the trade concepts introduced in the Inflation Reduction Act of 2022 and the broader trade enforcement priorities launched by Washington in recent months.

The Tangle of US Trade Rules – A Market Builders' Panel at EVS 36

In the latest installment of Five Questions, Five Answers, Birgit Matthiesen is joined by Leah Scarpelli, a Partner with the firm’s International Trade & Investment Practice. In this end-of-year discussion, Birgit and Leah provide listeners with the latest news from Washington on US “special” 301 tariffs – where things stood at the end of 2023 and what to expect in 2024.

Highlights of the conversation include:

- The significance of US trade tensions with China and US 301 tariffs.
- Recent announcements from the US Trade Representative’s (USTR) Office inviting comments on the continuation of these tariffs and comments in regard to current product exclusions.
- The uncertainties surrounding tariff extensions and potential retaliation from China.

Five Questions, Five Answers: US 301 Tariffs. What to Watch in 2024

In the latest installment of Five Questions, Five Answers, host Birgit Matthiesen is joined by International Trade & Investment Associate Jessica DiPietro for a deep dive into the complex world of aluminum extrusions.

These ubiquitous materials, found in a broad spectrum of manufactured goods and across a multitude of industries, are currently under the microscope of a sweeping trade investigation led by Washington, DC. The potential outcome? Hefty import tariffs that could soar into triple digits.

Birgit and Jessica offer a concise breakdown of the investigation, its potential triple-digit tariffs, and critical insights for company executives.

Highlights of the conversation include:

- The pivotal role of aluminum extrusions in key industries, notably automotive and transportation.
- The intricate process of the trade investigation on aluminum extrusions, encompassing the filing of petitions and the determination of dumping and subsidization.
- The broad scope of the investigation, encompassing a variety of products and countries.
- The importance for companies to be proactive, specifically in reviewing their supply chain and determining the sourcing country for aluminum extrusions.
- The various engagement opportunities in the investigation, including the submission of comments and participation in the International Trade Commission's (ITC) proceedings.

Thinking Outside the Bauxite – Washington Investigates Imports of Aluminum Extrusion

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Five Questions, Five Answers

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