11th Advanced Forum on Import Compliance & Enforcement - WEB

Pre-Conference UFLPA and Classification Workshops!

EARN CLE CREDITS

11th Advanced Forum on

Import Compliance & Enforcement November 8–9, 2022 | Kimpton Hotel Monaco DC | Washington, D.C.

OR N O RS REAM E P IN-IVEST L

The Country’s Premier Conference on UFLPA Compliance in Practice, 301/321 Policy Futures, Supply Chain Modernization and Compliance Best Practices

CRITICAL UPDATES FROM: AnnMarie Highsmith Executive Assistant Commissioner, Office of Trade U.S. Customs and Border Protection Robert Silvers Under Secretary for Office of Strategy, Policy, and Plans U.S. Department of Homeland Security Chair, Forced Labor Enforcement Task Force Eric Choy Acting Executive Director, Trade Remedy Law Enforcement, Office of Trade U.S. Customs and Border Protection Alaina Van Horn Chief, IP Enforcement Branch U.S. Customs and Border Protection

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Benchmark with Legal, Compliance and Trade Leaders from: • • • •

Amazon Boeing FedEx Hanesbrands

• • • •

L.L. Bean Northrop Grumman DHL Americas IBM

• • • •

Biogen Polaris Axalta Coating Systems The Walt Disney Company

Don’t Miss Forward-Looking, Practical Discussions, Including: ĉ The Uyghur Forced Labor Prevention Act (UFLPA) in Practice: The Future of Supply Chain Screening and What it Takes to Rebut the Presumption of Forced Labor ĉ The 321 De Minimis Shipment: Maximizing Cost and Time Savings Amid an Uncertain 321 Policy Future ĉ A Reckoning for Section 301 Compliance: Anticipated Increased Enforcement and How to Make Sure You Are Exercising Reasonable Care Documentation ĉ 19 CFR 111: Modernization of Customs Broker Regulations and How it Might Benefit, and Progress, Broker/Importer Relations

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Distinguished Speakers CBP Faculty AnnMarie Highsmith Executive Assistant Commissioner, Office of Trade U.S. Customs and Border Protection

Robert Silvers Under Secretary for Office of Strategy, Policy, and Plans U.S. Department of Homeland Security Chair, Forced Labor Enforcement Task Force

Eric Choy Acting Executive Director, Trade Remedy Law Enforcement, Office of Trade U.S. Customs and Border Protection

Alaina Van Horn Chief, IP Enforcement Branch U.S. Customs and Border Protection

Michael DiPaula-Coyle Head of International Trade Policy IBM

Peter Martin Senior Counsel, International Trade FedEx

Paul Raglow Director, Global Trade Compliance Axalta Coating Systems

Nate Bolin Partner DLA Piper

Michael Ford Vice President, Government and Industry Affairs BDP International

Farley Mesko Chief Executive Officer and Co-Founder Sayari Labs

Susan Kohn Ross Partner Mitchell Silberberg & Knupp LLP

John Brew Partner Crowell & Moring LLP

Aaron Gothelf Principal Counsel – Global Trade The Walt Disney Company

Jean-Rene Broussard Associate General Counsel – U.S. Regulatory Legal Department DHL Americas

Shoshana Grove Chief Executive Officer International Bridge

Richard A. Mojica Member, Practice Lead, Customs Import & Trade Miller & Chevalier Chartered

2022 Speaker Faculty Cindy Allen Vice President, Regulatory Affairs and Compliance FedEx Logistics

Carolyn Burkhead Senior Manager, US Import Compliance & Operations Boeing Nicole Bivens Collinson President, International Trade & Government Relations Sandler, Travis, & Rosenberg, P.A. Jerry Cook Vice President, Government and Trade Relations Hanesbrands Inc. Mike DeVitto Director, Logistics and Trade Compliance L.L. Bean, Inc.

2 | #ImportCompliance

Lars-Erik A. Helm Partner Akin Gump Strauss & Feld LLP Kelly Herman Corporate Counsel Export Import Northrop Grumman Suzanne Kane Partner Akin Gump Strauss Hauer & Feld LLP

Amy Morgan Head of Trade Compliance Altana AI Ted Murphy Partner Sidley Austin LLP Hon. Nazak Nikakhtar Partner Wiley Rein LLP Cindy Owens Senior Trade Counsel Polaris Inc.

Matthew Lapin Partner Porter Wright Morris & Arthur LLP

Jeremy Page Partner Page Fura, P.C.

Amy Magnus Director, Customs Affairs and Compliance A.N. Deringer

Dave Pentland Senior Vice President, Compliance Carson International

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David P. Sanders Partner Cassidy Levy Kent Adam Swain Partner Alston & Bird LLP Ben Tomkins Vice President Oritain Erika Vidal-Faulkenberry Global Head, Trade Compliance Biogen Appointed Member COAC – CBP Commercial Operations Advisory Committee Richard M. Wortman Partner Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP Amir Yazdi Deputy General Counsel Solar Energy Industries Association

PRE-CONFERENCE WORKSHOPS

Monday, November 7, 2022

A

9:00 a.m.–12:30 p.m. (Registration opens at 8:30 a.m.)

PROVING SOURCE OF ORIGIN UNDER THE UFLPA

What Supply Chain and Compliance Specialists Need to Know to Ensure Compliance Amid Anticipated Ramped-Up Enforcement Microphone Mike DeVitto, Director of Logistics and Trade Compliance, L.L. Bean, Inc. Amy Magnus, Director, Customs Affairs and Compliance, A.N. Deringer Nicole Bivens Collinson, President, International Trade & Government Relations, Sandler, Travis, & Rosenberg, P.A. For importers trying to bring in goods from the XUAR region, CBP’s ramped-up enforcement could mean an unexpected increase in inspections of shipments to determine place of origin. Knowing how to prepare can make all the difference between delayed and on time. What documentation is needed for importers to demonstrate that goods were not produced in whole or in part in the XUAR region?

This highly anticipate workshop will delve into critically important updates, best practices and pitfalls to avoid. Topics will include: • Supply chain tracing information

B

1:30 p.m.–5:00 p.m. (Registration opens at 1:00 p.m.)

GETTING CLASSIFICATION RIGHT

Critical Keys for Compliant HTS Classification and Minimizing Duty Rates: Rules and Requirements, Grey Areas, and Identifying the Triggers for Delays and Penalties Microphone Paul Raglow, Director, Global Trade Compliance, Axalta Coating Systems David P. Sanders, Partner, Cassidy Levy Kent

Classification is the most fundamental task when filing entries, determining duty liability, calculating final costs, and auditing your trade compliance program. In addition to de-mystifying the 2022 Revision 5 Harmonized Tariff Classification Schedules, expert faculty members will share practical tips on how to reduce duty rates.

Benefit from speaker-prepared reference materials and practical know-hp that you can take with you back to work after the event. Topics of discussion will include: • The key factors driving the HS 2022 amendments • How to use the Harmonized Tariff Schedule and where companies make mistakes

• Evidence pertaining to merchandise or any component thereof

» Understanding HTSUS structure and framework

• Evidence pertaining to miner, producer, or manufacturer

» Applying relevant section and chapter notes, heading and subheading notes, general notes and explanatory notes, and using the rulings as guides

• Request an exception to the rebuttable presumption » Due diligence system information » Supply chain tracing information » Supply chain management measures • Commodity-Specific Supply Chain Tracing Documentation

» Key pitfalls to avoid • New audit regimes for classification • Developing internal controls, policies, and procedures to ensure compliance • What to do when classifying unusual goods and common gray areas • Understanding the most common triggers for delays and penalties

» Cotton » Polysilicon » Tomatoes • Responding to CBP ramped-up enforcement » CF-28s and additional documentation needed for these forms » Withhold and Release Orders (WROs) related to China cotton and Xinjiang » RASA Questionnaires • Transactional

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• Procedural » What happens if shipments are detained at the border?

• HYPOTHETICAL UFLPA COMPLIANCE SCENARIO

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MAIN CONFERENCE DAY ONE

Tuesday, November 8, 2022 7:30

Registration and Continental Breakfast

8:45

Co-Chairs’ Opening Remarks Microphone Richard M. Wortman, Partner, Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP

» Updating contracts for products to be sourced from the XUAR » High-level commitment from senior management demonstrating the company’s commitment to not using forced labor 10:45

Extended Networking Break

11:15

9:00

FIRESIDE CHAT

KEYNOTE ADDRESS Microphone AnnMarie Highsmith, Executive Assistant Commissioner, Office of Trade,

Microphone Robert Silvers, Under Secretary for Strategy, Policy, and Plans, U.S. Department of Homeland Security

U.S. Customs and Border Protection

11:45 9:45

The Uyghur Forced Labor Prevention Act (UFLPA) in Practice: What it Takes to Rebut the Presumption of Forced Labor: The Newest Lessons Learned and Grey Areas Microphone Richard A. Mojica, Member, Practice Lead, Customs Import & Trade,

Working with UFLPA’s Interagency Forced Labor Enforcement Task Force (FLETF) Amid an Intensified Enforcement Landscape: What they are Looking for and How to Foster Positive Working Relationships Microphone Eric Choy, Acting Executive Director, Trade Remedy Law Enforcement, Office of Trade, U.S. Customs and Border Protection

Miller & Chevalier Charted

Jerry Cook, Vice President, Government and Trade Relations, Hanesbrands Inc.

Cindy Owens, Senior Trade Counsel, Polaris Inc. Amy Morgan, Head of Trade Compliance, Atlanta AI Farley Mesko, Chief Executive Officer and Co-Founder, Sayari Labs Ben Tomkins, Vice President, Oritain In recent years, both the executive and legislative branches have demonstrated an increased interest in leading the international community in ending forced labor practices wherever such practices occur, with a particular focus on China’s Xinjiang Uyghur Autonomous Region (XUAR). How are leading multinationals creating supply chain screening processes and auditing third parties to achieve UFLPA compliance? What are the ramifications of non-compliance?

• Global efforts to address forced labor in the XUAR: Preparing for a complex international regulatory landscape • High-priority enforcement sectors • Exceptions to the ban

Matthew Lapin, Partner, Porter Wright Morris & Arthur LLP Among its mandates, the UFLPA charged the Forced Labor Enforcement Task Force (FLETF), chaired by the U.S. Department of Homeland Security (DHS), to develop a strategy for supporting the enforcement of the UFLPA. How will this input influence the scope of the FLETF’s enforcement strategy? How will the FLETF incorporate input from public and private stakeholders? This session will bring clarity to the FLETF’s enforcement postures, as well as to working with all the agencies involved to avoid penalties.

12:45

Networking Lunch

2:00

The 321 De Minimis Shipment: Maximizing Cost and Time Savings Amid an Uncertain 321 Policy Future Microphone Nate Bolin, Partner, DLA Piper

• Managing the interplay with economic sanctions

Dave Pentland, Senior Vice President, Compliance, Carson International

• Compliance takeaways: Importers have an affirmative duty to ensure their supply chain is rid of goods manufactured by slave labor in the XUAR

Jean-Rene Broussard, Associate General Counsel – U.S. Regulatory Legal Department, DHL Americas

» The UFLPA is neither retroactive nor confined to a certain threshold. » Use of artificial intelligence for due diligence searches and third-party verifications of suppliers and subcontractors

4 | #ImportCompliance

A de minimis shipment, also called a Section 321 shipment, allows for goods valued at $800 US Dollars or less to enter duty-free into the United States. This regulation provides a great option for importers to save money and time. It has also spurred an eruption of global e-commerce.

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The U.S. International Trade Commission (USITC) however has launched an investigation into the economic impact of this $800 “loophole” on U.S. manufacturing, which signals a possible sunset of the rule (rule comes before the House and Senate in March 2023). During this hands-on session, learn from the experts about how to leverage the 321 as a cost saver, how to avoid potential compliance pitfalls, and a prediction on what the future of this rule is as it sits with the USITC.

4:15

19 CFR 111: Modernization of Customs Broker Regulations and How it Might Benefit, and Progress, Broker/Importer Relations Microphone Michael Ford, Vice President, Government and Industry Affairs, BDP International

• How to declare a Section 321 shipment

Carolyn Burkhead, Senior Manager, US Import Compliance & Operations, Boeing

• Avoiding CBP Penalties and Problems

Lars-Erik A. Helm, Partner, Akin Gump Strauss & Feld LLP

» Identify the particular shipment the Section 321 claim will be used each day » Use a customs broker to ensure consistent filing of import/export transactions » Communicate regularly with the logistics team including carriers, freight forwarders, and customs brokers

U.S. Customs and Border Protection (CBP) modernization has arrived with a proposed list of changes that restructure certain fundamentals of the business. What are the most noteworthy changes being proposed, and how soon might such updated functionality make its way into ACE?

• The USITC’s investigation into the rule’s negative economic impacts as a driver of an influx of imports that do not pay duties, taxes, and fees: Does this give imports a significant advantage over U.S.-made goods?

• Broker-importer communications: Restrictions on third-party interaction in the broker-importer relationship

• HYPOTHETICAL DE MINIMIS TRADE SCENARIO

• Enhancing the process for trade users to communicate broker and permit information to CBP

3:00

• Enabling CBP to see information provided by trade users and managing broker administration compliance at the national level

Section 337 Investigations at the ITC and Intellectual Property Rights for Importers: The ITC 337 Pilot Program and What Its Future Means for Patent Infringement Microphone Adam Swain, Partner, Alston & Bird LLP Dax Terrill, Branch Chief, Exclusion Order Enforcement, U.S. Customs and Border Protection Section 337 investigations have critical implications for both patent holders and parties alleged to have unfairly imported products into the United States, as well as their business partners. The U.S. International Trade Commission (USITC) is establishing a pilot program to allow its Administrative Law Judges (ALJs) to issue interim initial determinations (IDs) on fewer than all issues in an investigation.

• Pre-institution investigation and filing • Enforcement and defense of Investigations involving a wide range of technologies and jurisdictions, including Asia, Europe, and South America • Appeals to the Federal Circuit • Enforcement with U.S. Customs 4:00

• Functionality to enhance the refunds management workflow and provide the ability to search, create, approve, and certify refunds • Functionality automating the budget clearing account process, enabling improved reconciliation of open receivables, integrating the port collections process into ACE collections, and enabling the entry lifecycle to be contained in one system • An enhancement for quota certificates 5:00

A Reckoning for Section 301 Country of Origin and Customs Valuation Compliance: Anticipated Increased Enforcement and How to Exercise Reasonable Care Microphone Ted Murphy, Partner, Sidley Austin LLP Suzanne Kane, Partner, Akin Gump Strauss Hauer & Feld LLP Direct significant enforcement efforts at country of origin and customs valuation issues related to Section 301 are coming; it is just a matter of when. This session will delve into what importers need to do to not get caught up in a ramp-up of customs law obligations.

• First of Sale programs

Networking Break

• Changing the sourcing/processing of products

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• Transitioning all brokers to a single national permit

• Reasonable care documentation to have in place that backs up Section 301 compliance 5:45

Close of Day One

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MAIN CONFERENCE DAY TWO

Wednesday, November 9, 2022 7:30

Registration and Continental Breakfast

8:45

Co-Chairs’ Opening Remarks Microphone Richard M. Wortman, Partner, Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP 9:00

INTERVIEW

Industry’s Response to UFLPA and the Future of Multinationals’ Supply Chains Microphone Aaron Gothelf, Principal Counsel – Global Trade, The Walt Disney Company

10:45

Networking Break

11:00

Supply Chains of the Future: CBPs 21st Century Customs Framework (21CCF) Microphone Alaina Van Horn, Chief, IP Enforcement Branch, U.S. Customs and Border Protection Erika Vidal-Faulkenberry, Global Head, Trade Compliance, Biogen; Appointed Member, COAC – CBP Commercial Operations Advisory Committee Susan Kohn Ross, Partner, Mitchell Silberberg & Knupp LLP Shoshana Grove, Chief Executive Officer, International Bridge Cindy Allen, Vice President, Regulatory Affairs and Compliance, FedEx Logistics

9:45

Resilient Supply Chains, Labor Rights, and Digital Trade: The Future of U.S. Trade Policy and the Practical Impacts on Industry Microphone Kelly Herman, Corporate Counsel Export Import, Northrop Grumman Hon. Nazak Nikakhtar, Partner, Wiley Rein LLP Jeremie Klein, Associate Corporate Counsel, Global Trade, Amazon Michael DiPaula-Coyle, Head of International Trade Policy, IBM

The explosion in e-commerce in recent years has spurred the growth of a digital world of customs trade functions. This panel will explore cognitive automation and distributed ledger technology, and assess the impact on parties throughout the supply chain who are adopting these capabilities to streamline global trade and U.S. customs clearance.

• The 21st Century Customs Framework » End-to-end supply chain transparency » Data-centric decision making » Identify and allocate risk accurately within the supply chain » Changes to IP enforcement at the border

This session will take stock of what has worked and what will work for U.S. trade policy headed into 2023, with a focus on practical impacts on industry and multinational e-commerce.

• Accelerating the complex customs brokerage process via cognitive automation

• The state of key current and future U.S. trade agreements

• The digital ledger (DLT): “Today’s” broker versus “tomorrow’s” broker

» USMCA » Indo-Pacific Economic Framework • The future of labor rights through trade agreements, tools, and relationships with trading partners • Bolstering supply chain resiliency: Major vulnerabilities to assess:

12:00

Section 301 Tariffs Policy: Where are we Now and Where are we Going?

Microphone Peter Martin, Senior Counsel, International Trade, FedEx

» Semiconductors/solar panels

Amir Yazdi, Deputy General Counsel, Solar Energy Industries Association

» Large capacity batteries and associated rare earth metals

John Brew, Partner, Crowell & Moring LLP

» Pharmaceuticals » Opportunities to use U.S. trade agreements and future trade agreements to strengthen the collective supply chain resilience

This panel will explore the latest developments related to the China 301 tariffs, and what importers can expect might happen next, including:

• Re-aligning the US/China trade connection: The global impacts of this tense bilateral relationship

• Current litigation status, likelihood of success and next steps

• Digital trade: CBPs 21st Century Customs Framework

• Tariff exclusion opportunities

• Promoting confidence in U.S. trade policy through enforcement and compliance: Impacts on industry stakeholders

• Section 321, and other tariff reduction and mitigation options

6 | #ImportCompliance

• Recent administrative and legislative developments

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1:00

Networking Lunch

2:15

CASE STUDY

Is This the End of Predetermined End Use? The CyberPower Case and Determining Country of Origin Under Section 301 • CyberPower case as a possible vehicle to clarify the substantial transformation test used by CBP: Results of the decision and its influence • Leveraging takeaways from this case to better manage supply chains while “decoupling” from China

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• Has this case spurred an inching toward a different approach to origin determinations under 301?

2:45

Defining and Applying Valuation Methodologies and Avoiding the Most Common Missteps Microphone Jeremy Page, Partner, Page Fura, P.C. Discuss the core components of each individual valuation methodology, as well as when they should be applied. Expert speakers will also delve into how assists, royalties, and other additions become ingredients of dutiable value for imported goods.

• How to determine the correct value of goods and avoid common valuation errors • Defining the six valuation methodologies and when they should be applied • Identifying assists, royalties, and other statutory additions as a part of the dutiable value

• Assessing the different types of deductions and how deductions are determined • Handling products imported for repairs and products which are not for sale 3:30

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As ACI and our partners plan for in-person events, we are committed to building and enhancing the planning and preparation with a view to offering our guests a safe place for live conference delivery. In addition, to ensure your safety, our event staff is fully vaccinated.

All our events will adhere to official government and local authority guidance in addition to venue or location-specific regulations, and will follow the commitments below.

Attendance Screening All attendees will need to assert that at the time that they first attend the conference and for the 10 days prior: y Have not experienced any COVID-19 symptoms now or within the last 10 days. y Have not had close contact with any person with or suspected of having COVID-19 within the last 10 days. y Have not had a positive COVID-19 test within the last 10 days. y Have not been advised by any health authority, government agency or regulatory body, within the last 10 days, to self-isolate due to possible exposure to COVID-19.

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Please check back frequently as we monitor and evolve our plan in the weeks ahead.

8 | #ImportCompliance

Reduced Touchpoints y Reduction of the physical distribution of onsite materials. y Food and beverage options that ensure minimal handling and exposure.

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To take advantage of these rates, please contact the hotel directly and quote “ACI’s Import Compliance”.

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Please note that the guest room block cut-off date is October 8, 2022. After that date OR when the room block fills, guestroom availability and rate can no longer be guaranteed.

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