13th Advanced Forum on Import Compliance & Enforcement - WEB
13th Advanced Forum on Import Compliance & Enforcement
November 20 – 21, 2024 • The National Union Building, Washington, D.C.
2024 CO-CHAIRS
Carol M. Anderson
Senior Corporate Counsel, Global Trade Microsoft
Amy Magnus Director Customs Affairs and Compliance
A.N. Deringer Trade Ambassador for CBP's Trade Support Network
John Williamson
Managing Director, Legal FedEx Logistics
Supporting Sponsor
WITH
KEYNOTE INTERVIEW:
Eric Choy
Executive Director, Trade Remedy Enforcement, Office of Trade
U.S. Customs and Border Protection (CBP)
INSIGHTS FROM THE FDA:
S. Max Brewster
Import Compliance Officer
U.S. Food & Drug Administration (FDA)
The revamped 2024 agenda focuses on the “weeds” of navigating the most complex compliance challenges at the forefront! Don’t Miss Forward-Looking, Practical Discussions, including:
CHEVRON-RIGHT Post-Election Compliance and Policy Outlook: Preparing for What’s Ahead
CHEVRON-RIGHT Strengthening UFLPA Compliance Efforts: What It Takes to Rebut the Presumption of Forced Labor
CHEVRON-RIGHT Supply Chain Toolkit: How Importers are Leveraging AI to Strengthen Supply Chain Traceability and Visibility
CHEVRON-RIGHT China and the Expansion of Section 301 Tariffs: Preparing for the Enforcement Aftermath
CHEVRON-RIGHT The Nuances of Section 321 de minimis Provision: Best Practices for Complying with Type 86 Entry, and Considerations for E-Commerce
COMPLIMENTARY WEBINAR
Thursday, Sept. 12, 2024 | 1:00 – 2:00 pm EDT
Strengthening UFLPA Compliance through Effective Supply Chain Mapping, Traceability and Visibility: Top 5 Due Diligence and Risk-Management Pointers
Gain key updates and takeaways for mitigating the risk of UFLPA violations through effective supply chain mapping, traceability, and visibility, including:
• Lessons from recent enforcement trends and real-world dilemmas
• Mapping out your supply chain to include sub-suppliers and more
• Establishing stringent vetting processes for suppliers
• Monitoring third party compliance and identifying possible issues
• Resolving issues through a corrective action plan
Kelly Herman
Corporate Counsel, Import Export Northrop Grumman
Richard Mojica Member Miller & Chevalier Chartered
EARN CLE CREDITS
CONTINUING LEGAL EDUCATION CREDITS
Accreditation will be sought in those jurisdictions requested by the registrants which have continuing education requirements. This course is identified as nontransitional for the purposes of CLE accreditation.
ACI certifies this activity has been approved for CLE credit by the New York State Continuing Legal Education Board.
ACI certifies this activity has been approved for CLE credit by the State Bar of California.
ACI has a dedicated team which processes requests for state approval. Please note that event accreditation varies by state and ACI will make every effort to process your request.
Questions about CLE credits for your state? Visit our online CLE Help Center at www.AmericanConference.com/Accreditation/CLE/
AGENDA-AT-A GLANCE
PRE-CONFERENCE WORKSHOPS – Tuesday, November 19, 2024
A 9:00 am – 12:30 pm (Registration opens at 8:30 am)
The Ins and Outs of CBP’s UFLPA Compliance, Due Diligence and Documentation Requirements: A Thorough, Step-by-Step Review and Analysis of Grey Areas
MAIN CONFERENCE DAY 1
Wednesday, November 20, 2024
8:00 am Networking Breakfast and Registration
9:00 am Opening Remarks from the Co-Chairs
9:15 am Special Opening Session
Post-Election Compliance and Policy Outlook
10:00 am UFLPA COMPLIANCE IN PRACTICE
Intensifying Enforcement: What It Takes to Rebut the Presumption of Forced Labor, Including Recent, Concrete Examples and Lessons Learned
11:00 am Extended Networking Break
11:30 am KEYNOTE INTERVIEW WITH CBP LEADERSHIP: Eric Choy, Executive Director, Trade Remedy Enforcement, Office of Trade
12:00 pm Networking Luncheon
1:15 pm Supply Chain Toolkit: How Importers are Leveraging AI and More Innovative Technologies to Strengthen Supply Chain Traceability and Visibility
2:00 pm China and the Expansion of Section 301 Tariffs: Navigating the Complexities and Preparing for Increased Enforcement—Implications for the EV Sector and Other Industries
2:45 pm Networking Break
3:00 pm The Nuances of Section 321 de minimis Provision: Best Practices for Complying with Type 86 Entry, and Considerations for E-Commerce
3:45 pm SPECIAL INTERVIEW
4:15 pm GEOPOLITICAL RISK AND TRADE DISPUTES
Mitigating Risks Associated with Geopolitical Tensions, Trade Disputes, and Political Instability Impacting Global Trade Flows
5:00 pm Day 1 Closing Remarks and Adjourns to Day 2
Networking Cocktail Reception
B 1:30 – 5:00 pm (Registration opens at 1:00 pm)
Your Updated Blueprint for Navigating the Most Complex Classification, Valuation and Country of Origin Challenges: Deep Dive into Substantial Transformation, Determining Origin and More
8:00 am Networking Breakfast and Registration
9:00 am Opening Remarks from the Co-Chairs
9:15 am FLETF UPDATES
9:45 am MULTIJURISDICTIONAL COMPLIANCE
Integrating Multijurisdictional Forced Labor Regulations into Your Import Compliance Framework: Mitigating Supply Chain Risks, Including Section 307
10:45 am Networking Break
11:00 am GEOPOLITICAL RISK AND SUPPLY CHAIN DISRUPTIONS
The Realities of Addressing Supply Chain Disruptions: Best Practices for Strengthening Resiliency
12:00 pm Networking Luncheon
1:15 pm ENFORCE AND PROTECT ACT (EAPA) ENFORCEMENT
AD/CVD, Penalties, and “Reasonable Suspicion:” Key Takeaways on Intensifying EAPA Enforcement
2:00 pm The Surge in US-Mexico Trade and Nearshoring: Navigating the Regulatory Challenges and Tariff Implications
2:45 pm Networking Break
3:00 pm Guide to PGA Importing Regulations: Ensuring Compliance with Partner Government Agencies (PGA) Requirements to Avoid Entry Refusal or Penalties
3:45 pm Enhancing Trade Security: Updates to CBP's Global Business Identifier Test
4:30 pm Closing Remarks from the Co-Chairs and Conference Ends
2024 SPEAKER FACULTY
GOVERNMENT SPEAKERS
KEYNOTE INTERVIEW WITH CBP:
Eric Choy
Executive Director, Trade Remedy Enforcement, Office of Trade
Cindy Allen CEO and Managing Director Trade Force Multiplier LLC
Roop K. Bhatti Partner
Cassidy Levy Kent (USA) LLP
Former Counsel to Commissioner Jason E. Kearns, U.S. International Trade Commission
Jean-Rene Broussard
Associate General Counsel, US Regulatory DHL
Jay C. Campbell Partner White & Case LLP
Danielle Carter VP, Global Trade & SER Hewlett Packard Enterprises
Zachary Coffelt
Associate General Counsel, Global Trade Compliance Meta
Carla Ackley Cravalho
Director of Global Trade Compliance Cepheid
Eric Emerson
Partner Steptoe LLP
Aaron Gothelf
Assistant General Counsel, Global Trade The Walt Disney Company
Kelly Herman
Corporate Counsel, Import Export Northrop Grumman
Gregory Husisian
Partner and Chair, International Trade and National Security Practice Foley & Lardner LLP
Jessica Lynd White & Case LLP
Peter Martin
Managing Lead Counsel, International Trade Compliance McKesson
Richard Mojica
Member (Practice Lead –Customs & Import Trade)
Miller & Chevalier Chartered
Amy Morgan VP, Head of Trade Compliance
Altana AI
Ted Murphy Partner
Sidley Austin LLP
Jeremy Page Partner
Page-Fura, P.C.
John Pickel
Senior Director, International Supply Chain Policy
National Foreign Trade Council (NFTC)
Rafael Saakyan Director, Trade Compliance ITT Inc.
Robert A. Shapiro Partner
Thompson Coburn LLP
Neena Shenai
Partner, International Trade, Investment and Market Access Practice Group
WilmerHale
Former Trade Counsel, Committee on Ways and Means, U.S. House of Representatives
David Spooner Partner
Barnes & Thornburg LLP
Former Assistant Secretary for Import Administration, U.S. Department of Commerce
Christopher Timura Partner
Gibson, Dunn & Crutcher LLP
Jennifer Varney
Global Trade Compliance Manager
Volvo Group
PRE-CONFERENCE WORKSHOPS
Tuesday, November 19, 2024
9:00 am – 12:30 pm (Registration Opens at 8:30 am)
AThe Ins and Outs of CBP’s UFLPA Compliance, Due Diligence and Documentation Requirements: A Thorough, Step-by-Step Review and Analysis of Grey Areas
Through in-depth discussion and hypothetical scenario planning, this workshop will give attendees an invaluable, smaller-group benchmarking opportunity as we navigate UFLPA enforcement trends. Discover how your UFLPA due diligence and compliance program compares to other organizations and bring your questions!
Topics include:
• Conducting thorough mapping of the entire supply chain to identify and trace suppliers, particularly those sourcing from the XUAR region
• Implementing rigorous third-party audits of suppliers
• Educating and training supply chain and procurement teams on identifying and mitigating risks related to forced labor, with a particular focus on the XUAR region
• Establishing robust reporting mechanisms for any suspected instances of forced labor
• Leveraging cutting-edge technologies to enhance transparency and traceability in the supply chain, ensuring real-time monitoring and verification of supplier practices
• Conducting risk assessments specifically targeting forced labor risks in the XUAR region
• Adjusting due diligence processes to address any identified vulnerabilities
• Establishing and promoting accessible grievance mechanisms for workers within the supply chain to report violations anonymously and safely, ensuring prompt investigation and remediation of any forced labor allegations
1:30 – 5:00 pm (Registration opens at 1:00 pm)
BYour Updated Blueprint for Navigating the Most Complex Classification, Valuation and Country of Origin Challenges: A Deep Dive into Substantial Transformation, Determining Origin and More
During this in-depth workshop, we will dive into the weeds of classification, valuation, and origin determinations with a view to providing an updated compliance roadmap to take back to your desk. Discussion points include:
• Applying the appropriate rules of origin based on substantial transformation or trade agreements like USMCA or EU Free Trade Agreements, especially for goods with components from various countries
• Ensuring compliance with country-specific labeling and marking requirements to avoid penalties and facilitate smooth customs clearance
• Understanding the criteria for substantial transformation, including how a product's name, character, or use must change during the manufacturing process
Barnes & Thornburg LLP
Former Assistant Secretary for Import Administration, United States Department of Commerce
• Addressing the complexities involved in processes where multiple components and steps are involved, making the determination of substantial transformation more challenging
• Examining the complexities involved in determining the transaction value for customs purposes, including issues related to transfer pricing, additions to the price, and potential adjustments by customs authorities
• Navigating the ambiguities in HTS classification, especially for products that can fit multiple descriptions, and understanding the impact of proper classification on duty rates and compliance
• Ensuring that transfer pricing for related-party transactions aligns with arm’s length standards to satisfy customs authorities and avoid disputes
• Implementing best practices such as maintaining comprehensive documentation, seeking advance rulings, providing regular training, consulting with experts, and utilizing automated systems to ensure compliance and mitigate risks
Eric Emerson Partner
Steptoe LLP
Christopher Timura Partner
Gibson, Dunn & Crutcher LLP
David Spooner Partner
MAIN CONFERENCE DAY 1
Wednesday, November 20, 2024
8:00 am Networking Breakfast and Registration
9:00 am Co-Chairs’ Opening Remarks
Carol M. Anderson Senior Corporate Counsel, Global Trade Microsoft
Amy Magnus Director Customs Affairs and Compliance
A.N. Deringer Trade Ambassador for CBP’s Trade Support Network
John Williamson Managing Director, Legal FedEx Logistics
9:15 am SPECIAL OPENING SESSION
Post-Election
Outlook: Impact on Global Trade and Supply Chains
Join us for a special opening session focused on the trade compliance and policy outlook for industry on the heels of the U.S. election. Key topics will include:
• How are organizations preparing to adjust? Anticipating changes in global trade policies and adjusting your strategy accordingly
• Updating comprehensive risk assessments to identify potential compliance risks associated with new trade policies
• Diversifying supply chains to mitigate risks associated with possible new trade policies and tariffs; and impacts to supply chain logistics and transportation
10:00 am
UFLPA COMPLIANCE IN PRACTICE
Neena Shenai Partner, International Trade, Investment and Market Access Practice Group WilmerHale
Former Trade Counsel, Committee on Ways and Means, U.S. House of Representatives
Intensifying Measures to Tackle Uyghur Forced Labor: What It Takes to Rebut the Presumption of Forced Labor, Including Recent, Concrete Examples and Lessons Learned
Efforts to combat Uyghur forced labor are being intensified through robust enforcement, supply chain transparency requirements, and enhanced international collaboration. This session will take stock of this evolving landscape and key challenges, including:
• Conducting rigorous risk assessments specific to Xinjiang, identifying suppliers and regions at high risk of forced labor, and implementing targeted mitigation strategies
• Establishing and enforcing a robust supplier code of conduct that prohibits forced labor and ensures compliance through audits and certifications
• Implementing traceability systems that enable tracking of supply chains from raw materials to finished products, providing transparency and accountability
• Engaging in collaborative efforts with industry peers, NGOs, and regulatory bodies to share best practices, leverage collective insights, and advocate for ethical standards in supply chain management
• Educating stakeholders to recognize indicators of forced labor, emphasizing continuous monitoring
Gregory Husisian
Partner and Chair, International Trade and National Security Practice Foley & Lardner LLP
Danielle Carter VP, Global Trade & SER
Hewlett Packard Enterprises
John Pickel Senior Director, International Supply Chain Policy
National Foreign Trade Council (NFTC)
11:00 am Extended Networking Break
11:30 am KEYNOTE INTERVIEW WITH CBP LEADERSHIP
Eric Choy
Executive Director, Trade Remedy Enforcement, Office of Trade
U.S. Customs and Border Protection (CBP)
12:00 pm Networking Luncheon
1:15 pm Supply Chain Toolkit: How Importers are Leveraging AI and More Innovative Technologies to Strengthen Supply Chain Traceability and Visibility
Importers are increasingly using AI and advanced technologies to optimize supply chain traceability and visibility. AI algorithms enable real-time tracking and analysis of product movements, improving efficiency and enabling proactive problem-solving. Technologies like blockchain can possibly ensure transparent and trustworthy records of transactions and product origins, enhancing compliance and consumer trust. During this panel, we will explore:
• How organizations are leveraging the newest technologies like blockchain, AI analytics, and cloud computing
• Examples of how organizations are using advanced AI technologies to plan for and adapt to supply chain disruptions
• Using IoT sensors to access real-time data on location, condition, and status of goods during transit
• Operationalizing AI analytics to analyze large datasets toward optimizing inventory management and detect anomalies
• Utilizing RFID (Radio Frequency Identification) to track individual items or containers through the supply chain, improving inventory accuracy
Amy Morgan VP, Head of Trade Compliance Altana AI
2:00 pm China and the Expansion of Section 301 Tariffs: Navigating the Complexities and Preparing for Increased Enforcement—Implications for the EV Sector and Other Industries
The expansion of Section 301 tariffs on Chinese goods introduces new complexities. This has significant implications for the electric vehicle (EV) sector and other industries, necessitating strategic adjustments to supply chains and cost management practices. During this panel, we will explore:
• Optimizing operational efficiency across diverse sectors engaged in cross-border commerce between the US and Mexico
• Navigating the grey areas of USMCA rules of origin and other provisions
• Assessing tariffs under USMCA or other agreements, and evaluating the implications for different sectors such as automotive, agriculture, and manufacturing
• Efficiently managing customs clearance processes to avoid delays and ensure compliance with documentation requirements
• Exploring opportunities for supply chain restructuring or nearshoring to mitigate tariff risks and enhance operational resiliency
Coffelt
2:45 pm Networking Break
MAIN CONFERENCE DAY 1 Wednesday, November 20, 2024
3:00 pm The Nuances of Section 321 de minimis Provision: Best Practices for Complying with Type 86 Entry, and Considerations for E-Commerce
Companies importing goods under Section 321 benefit from streamlined customs procedures for shipments valued at $800 or less, avoiding formal entry requirements. Implementing Type 86 entry allows for expedited clearance of these low-value shipments through electronic filing, reducing administrative burdens. During this session, dive into the nuances related to de minimis, including:
• Leveraging e-commerce platforms to streamline the importation of numerous small-value shipments eligible under Section 321
• Ensuring accurate classification, maintaining documentation integrity, and staying informed of regulatory updates to effectively manage compliance obligations
• Utilizing Type 86 entry procedures for expedited clearance of Section 321 shipments through electronic submission
• Embracing automation and robust data analytics to further enhance efficiency in processing Section 321 shipments
3:45 pm SPECIAL INTERVIEW
4:15 pm GEOPOLITICAL RISK AND TRADE DISPUTES
Cindy Allen CEO and Managing Director Trade Force Multiplier LLC
Jean-Rene Broussard Associate General Counsel, US Regulatory DHL
Mitigating Risks Associated with Geopolitical Tensions, Trade Disputes, and Political Instability Impacting Global Trade Flows
During this panel, we will explore:
• Reducing dependency on any single market or supplier by expanding into multiple regions and establishing a more resilient supply chain network
• Implementing comprehensive risk management frameworks that include geopolitical risk assessments and contingency planning to address potential disruptions
• Engaging in active dialogue with government officials and trade organizations
• Developing flexible logistics strategies that can quickly adapt to changing political landscapes and ensure continuity of operations despite geopolitical shifts
5:00 pm Closing Remarks and Networking Cocktail Reception
Aaron Gothelf Assistant General Counsel, Global Trade The Walt Disney Company Ted Murphy Partner Sidley Austin LLP
MAIN CONFERENCE DAY 2
Thursday, November 21, 2024
8:00 am Networking Breakfast and Registration
9:00 am Co-Chairs’ Day 2 Remarks
Integrating Multijurisdictional Forced Labor Regulations into Your Import Compliance Framework: Mitigating Risks throughout Your Supply Chain, Including Section 307
Integrating multijurisdictional forced labor regulations into your import compliance framework requires a systematic approach. This begins with a comprehensive interpretation and application of forced labor laws in different jurisdictions to determine a path to integrating and reconciling varying requirements. During this panel discission, we will explore:
• Contrasting U.S. vs. EU and Canadian forced labor regulations
• How to dovetail multijurisdictional requirements into a cohesive program
• Identifying high-risk areas and suppliers susceptible to forced labor practices through targeted due diligence measures
• Implementing robust procedures, including due diligence, audits and supplier assessments
• Establishing clear internal policies and ongoing training for employees and suppliers
• Setting out clear targets, timelines, and performance metrics to track the effectiveness of your program
10:45 am Networking Break
Carol M. Anderson
11:00 am GEOPOLITICAL RISK AND SUPPLY CHAIN DISRUPTIONS, PART II
The Realities of Addressing Supply Chain Disruptions: Best Practices for Strengthening Resiliency
Supply chain disruptions are an inevitable challenge, requiring proactive strategies to enhance resiliency and mitigate risks effectively. This highly anticipated session will discuss the latest best practices for dealing with disruptions and enhancing supply chain resiliency:
• Establishing relationships with multiple suppliers across different locations to reduce the impact of localized disruptions
• Implementing real-time tracking systems and advanced analytics to monitor inventory levels, shipment status, and potential bottlenecks
• Identifying critical risks, outlining response strategies, and regularly updating your plans in response to changing circumstances
• Fostering strong relationships with suppliers through regular communication and collaboration; and working closely with them to understand their challenges
12:00 pm Networking Luncheon
1:15
pm
ENFORCE AND PROTECT ACT (EAPA) ENFORCEMENT
Carla Ackley Cravalho Director of Global Trade Compliance Cepheid
John Williamson Managing Director, Legal FedEx Logistics
AD/CVD, Penalties, and “Reasonable Suspicion:” Key Takeaways on Intensifying EAPA Enforcement
Navigating AD/CVD (Antidumping and Countervailing Duty) regulations requires importers to mitigate CBP enforcement risks by ensuring strict compliance to avoid penalties, including fines and additional duties. Proactive measures, such as thorough due diligence in supply chain verification and accurate documentation, are essential to address “reasonable suspicion” concerns and maintain smooth import operations. Key discussion points include:
• Clarifying the current landscape of AD/CVD regulations
• What is (and isn’t) a “reasonable suspicion”
• Assessing the risk of retroactive duties
• Trends in penalties and duty rates - and their broader implications
• Satisfying CBP expectations for completing their questionnaire
• How CBP is investigating suspected evasion
• Conducting thorough supply chain verification to ensure accurate reporting and documentation
• Implementing proactive compliance measures to address “reasonable suspicion” concerns
• Ensuring accurate and detailed documentation to support compliance efforts
Jay C. Campbell Partner White & Case LLP
2:00 pm The Surge in US-Mexico Trade and Nearshoring: How Industry is Tackling the Most Pressing Trade Compliance Challenges and the Tariff Implications
During this panel, we will discuss:
• Implementing complex customs procedures and industry standards governing US-Mexico trade
• Proactively engaging with customs authorities to streamline cross-border operations
• Aligning your compliance strategy with trade agreements to optimize benefits
• Understanding and managing the impact of tariff policies on cost structures and profitability
• Implementing strategic planning to enhance risk management, supply chain efficiency and financial risk mitigation
2:45 pm Networking Break
Rafael Saakyan Director, Trade Compliance ITT Inc.
Robert A. Shapiro Partner
Thompson Coburn LLP
Roop K. Bhatti Partner
Cassidy Levy Kent (USA) LLP Former Counsel to Commissioner
Jason E. Kearns, U.S. International Trade Commission
3:00 pm Guide to PGA Importing Regulations: Ensuring Compliance with Partner Government Agencies (PGA) Requirements to Avoid Entry Refusal and Penalties
Compliance with Partner Government Agencies (PGAs) like the FDA, EPA, and USDA is essential to avoid entry refusal or penalties for imported goods. Importers must adhere to specific regulations, including proper labeling, certification, and testing. Non-compliance can lead to delays, fines, or entry refusal. During this panel, we will explore:
• Adhering to detailed PGA requirements, including precise labeling, certification, and testing standards to meet FDA, EPA, and USDA guidelines
• Implementing robust compliance measures to avoid costly delays, substantial fines, or outright entry refusal for non-compliant imports
• Staying continuously updated on evolving PGA regulations and requirements to ensure ongoing compliance
• Maintaining thorough and accurate records, including import documentation and compliance certifications
3:45 pm ENHANCING TRADE SECURITY
U.S. Customs and Border Protection (CBP) has been working on updates to its Global Business Identifier (GBI) test to enhance trade security and streamline international trade processes. The GBI test aims to modernize and improve the identification of businesses involved in cross-border trade. Topics will include:
• Purpose of the GBI test, including enhanced identification and improved compliance with trade regulations
• Key components of the GBI, including entity identification numbers, legal entity identifier, Global Location Number (GBN), and the Data Universal Numbering System
• Benefits of the GBI System, including streamlined processes, risk management, and global harmonization
• Best practices for implementation and testing, including pilot programs, feedback, and necessary adjustments
• Future outlook for the expansion of the GBI system, including new types of identifiers and the inclusion of most participants
S. Max Brewster
Import Compliance Officer
U.S. Food and Drug Administration (FDA)
Kelly Herman
Corporate Counsel, Import Export Northrop Grumman
Amy Magnus Director Customs Affairs and Compliance
A.N. Deringer
Trade Ambassador for CBP’s Trade Support Network
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