Agenda
Day 1
November 20, 2024
Networking Breakfast and Registration
Tom GouldPrincipalTom Gould Customs Consulting
Neena ShenaiPartnerWilmerHaleFormer Trade Counsel, Committee on Ways and Means, U.S. House of Representatives
Hon. Nazak NikakhtarPartnerWiley Rein LLP
Marianne RowdenCEOE-Merchants Trade Council, Inc. (EMTC)Former President & CEO, AAEI
Bryce BittnerManaging CounselMcKinsey & Company
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
Extended Networking Break
UFLPA COMPLIANCE IN PRACTICE
Intensifying Measures to Tackle Uyghur Forced Labor: What It Takes to Rebut the Presumption of Forced Labor, Including Recent, Concrete Examples and Lessons Learned
Danielle CarterVP, Global Trade & SERHewlett Packard Enterprises
John PickelSenior Director of International Supply Chain PolicyNational Foreign Trade Council (NFTC)
Ethan WoolleyDirectorKharon
Gregory HusisianPartner and Chair, International Trade and National Security PracticeFoley & Lardner LLP
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
Networking Luncheon
China and the Expansion of Section 301 Tariffs: Navigating the Complexities of Expanded Section 301 Tariffs and Preparing for Increased Enforcement – Implications for the EV Sector and Other Industries
Jeremy PagePartnerPage-Fura, P.C.
Zachary CoffeltAssociate General Counsel, Global Trade ComplianceMeta
Peter MartinManaging Lead Counsel, International Trade ComplianceMcKesson
Jennifer VarneyGlobal Trade Compliance ManagerVolvo Group
The expansion of Section 301 tariffs on Chinese goods introduces new complexities. This has significant implications for multiple 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
Extended Networking Break
The Nuances of Section 321 de minimis Provision: Best Practices for Complying with Type 86 Entry, and Considerations for E-Commerce
Cindy AllenCEO and Managing DirectorTrade Force Multiplier LLC
Christopher MabelitiniDirector, Intellectual Property Rights & E-Commerce Division, Trade Policy and Programs, Office of TradeU.S. Customs and Border Protection
Jean-Rene BroussardAssociate General Counsel, US RegulatoryDHL
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
GEOPOLITICAL RISK AND TRADE DISPUTES
Mitigating Risks Associated with Geopolitical Tensions, Trade Disputes, and Political Instability Impacting Global Trade Flows
Aaron GothelfAssistant General Counsel, Global TradeThe Walt Disney Company
Ted MurphyPartnerSidley Austin LLP
David SpoonerPartnerBarnes & Thornburg LLPFormer Assistant Secretary for Import Administration
United States Department of Commerce
Michael PantschyschakDirector, Global Trade LicensingL3Harris Technologies
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
Closing Remarks and Networking Cocktail Reception
Day 2
November 21, 2024
Networking Breakfast and Registration
MULTIJURISDICTIONAL COMPLIANCE
Integrating Multijurisdictional Forced Labor Regulations into Your Import Compliance Framework: Mitigating Risks throughout Your Supply Chain, Including Section 307
Jessica LyndWhite & Case LLP
Luke TillmanHead of Global Trade Affairs and ComplianceLONGi Solar Technology
Patrick TogniPartnerKing & Spalding
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
Networking Break
GEOPOLITICAL RISK AND SUPPLY CHAIN DISRUPTIONS; PART II
The Realities of Addressing Supply Chain Disruptions: Best Practices for Strengthening Resiliency
Carla Ackley CravalhoDirector of Global Trade ComplianceCepheid
Alicia RomoAmerica’s Customs Manager, People LeaderCisco
John WilliamsonManaging Director, LegalFedEx Logistics
Carol M. AndersonAssistant General Counsel, Global TradeMicrosoft
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
Supply Chain Toolkit: Practical Applications of AI and Advanced Technologies in Supply Chain Traceability and Visibility to Prepare for Enforcement Actions
Philip DupliseyDirector, Supply Chain Intelligencemesur.io
Todd SmithFounder & CEOKYG Trade
This panel will provide practical insights and real-life examples of how generative AI can be used for:
- SKU/BOM-level Tier N supplier mapping
- Identifying and soliciting missing documentation needed to rebut the presumption for UFLPA detentions
- Generating comprehensive draft responses to detention notices
- SKU/BOM-level internal audits and pre-emptive reviews assessing forced labor compliance risk
- Assisting with SKU/BOM-level Free Trade Agreement qualification either prior to or on a post entry review basis
- Research and assistance with SKU/BOM-level China 301 origin determinations
Networking Luncheon
ENFORCE AND PROTECT ACT (EAPA) ENFORCEMENT
AD/CVD, and “Reasonable Suspicion:” Key Takeaways on Intensifying EAPA Enforcement
Jay C. CampbellPartnerWhite & Case LLP
Daniel CannistraPartnerCrowell & Moring LLP
Beth RingSenior MemberSandler, Travis & Rosenberg, P.A.
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
The Surge in US-Mexico Trade and Nearshoring: How Industry is Tackling the Most Pressing Trade Compliance Challenges and the Tariff Implications
Rafael SaakyanDirector, Trade ComplianceITT Inc.
Robert A. ShapiroPartnerThompson Coburn LLP
Roop K. BhattiPartnerCassidy Levy Kent (USA) LLPFormer Counsel to Commissioner Jason E. Kearns, U.S. International Trade Commission
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
Networking Break
Guide to PGA Importing Regulations: Ensuring Compliance with Partner Government Agencies (PGAs) Requirements to Avoid Entry Refusal and Penalties
S. Max BrewsterImport Compliance OfficerU.S. Food and Drug Administration (FDA)
Brodie M. Mack, Jr.Chief, Import and Certification Division, NEF-230
Office of Vehicle Safety ComplianceNational Highway Traffic Safety Administration
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
Kelly HermanCorporate Counsel Export ImportNorthrop Grumman
Amy MagnusDirector, Customs Affairs and ComplianceA.N. DeringerTrade Ambassador for CBP's Trade Support Network
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