Registration and Continental Breakfast

Co-Chairs’ Opening Remarks

Cindy Allen
Chief Executive Officer and Managing Director
Trade Force Multiplier LLC
Member
COAC – CBP Commercial Operations Advisory Committee

Ted Murphy
Partner
Sidley Austin LLP

Fireside Chat with the U.S. CBP’s Deputy Executive Assistant Commissioner John Leonard

John Leonard
Deputy Executive Assistant Commissioner, Office of Trade
U.S. Customs and Border Protection

Moderator:

Ted Murphy
Partner
Sidley Austin LLP

21st CENTURY CUSTOMS FRAMEWORK OUTLOOK

An Update on CBPs 21st Century Customs Framework (21CCF)

Megan M. Giblin
Senior Director, Customs and Trade Facilitation
United States Council for International Business (USCIB)

Shoshana Grove
Chief Executive Officer
International Bridge

Kathryn Wilkins
Vice President, Alliance Operating Services; Trade Co-Chair
COAC – CBP Commercial Operations Advisory Committee

Garrett Wright
Director, Trade Modernization
U.S. Customs and Border Protection

Government and industry come together for this session that will provide an outlook on what’s coming down the pike around the progress of government and industry 21CCF efforts to simplify, secure, and enhance 21st century trade.

Extended Networking Break

The Future of Forced Labour Enforcement

Dovetailing Global Forced Labor Requirements: Integrating a Jurisdictional Mix of Forced Labor Rules into an Effective Import Compliance Program

Nicole Bivens Collinson
President, International Trade & Government Relations
Sandler, Travis, & Rosenberg, P.A.

John Foote
Partner
Kelley Drye & Warren LLP

Brian Hoxie
Director, Forced Labor Division, Office of Trade
U.S. Customs and Border Protection

Erika Peters
Senior Vice President, Global Head of Innovation and Operations
Exiger

How do multinational importers navigate compliance around a complicated landscape of forced labor laws? This panel will explore critical topics, including:

• Understanding the differences in the expectations of U.S. vs. foreign authorities
• Varying levels of enforcement around the globe and the impact on your overall risk assessment and compliance program
• Gathering the needed resources for improvements to automation and system capabilities to provide the insight to keep pace with evolving regulations
• Practical tools:
• Improving internal communication protocols around what documents are needed for audit purposes
• Engaging suppliers: The need to balance the need for information versus interest in preserving relationships
• How AI and open-source research can be used to conduct global supplier due diligence
• Types of secondary due diligence (e.g., transaction testing, deeper-dive due diligence reports, forensic testing)

UFLPA and the forced labour presumption: Hypothetical Scenarios

A Closer Look At The Presumption of Forced Labor And How To Rebut It: An Updated Blueprint To Resolving The Most Complex, High Stakes UFLPA Dilemmas

Aaron Gothelf
Principal Counsel – Global Trade
The Walt Disney Company

Anne Marie Lacourse
Global Trade Industry Advisor
Sayari

Darlene Enlow
Head of Global Governance & Process
Volvo Cars

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

Building on the pre-conference workshop, this interactive session will zero in on the most pressing challenges and how to resolve them in real-life. Topics will include:

• How to prepare: Missteps that can make all the difference between a shipment being delayed instead of on time.
• Supply chain management measures
• Exception request preparations
• Due diligence guidance for demonstrating that goods were not produced in whole or in part in the XUAR region
• Hypothetical UFLPA rebutting presumption scenarios

Networking lunch

THE FUTURE OF US-CHINA TRADE RELATIONS

Insights into the Present and Future of U.S.-China Trade Relations and Tariffs

Brooks Allen
Counsel
Skadden, Arps, Slate, Meagher & Flom LLP and Affiliates

Jake Parker
Economic Professional Staff Member, House Select Committee On China
U.S. House of Representatives

John Pickel
Senior Director of International Supply Chain Policy
National Foreign Trade Council (NFTC)

Moderator:

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

• Assessing regulatory enforcement activity around China sanctions and export controls due to the war and China’s East-Asia posturing-and the impact on customs compliance efforts
• China tariffs outlook: Current litigation status, likelihood of success and next steps
• How the tangled sanctions landscape is impacting trade with China
• The evolution of industry sanctions compliance programs
  

Incoterms in practice: Case studies Hypothetical scenarios and audience polling

Avoiding Incoterm Pitfalls to Achieve Seamless Global Sourcing: Navigating Risks, Ensuring Clarity, and Optimizing Contractual Trade Relations

Tom Gould
Vice President, Global Customs and Trade
Flexport
Member
COAC – CBP Commercial Operations Advisory Committee

Thomas Cook
Managing Director
Blue Tiger International

George Tuttle, III
Trade Attorney
Tuttle Law Offices

This session explores the top pitfalls that practitioners should avoid when applying confusing and often contradictory Incoterm trade rules.

• Avert ambiguity: Avoid disputes between buyers and sellers over the responsibilities and obligations outlined in the agreement.
  • CASE STUDY: A food import sale to China
• Understand coverage: Addressing other aspects of the transaction beyond delivery of goods, such as the payment of goods, warranties, and intellectual property rights.
  • HYPOTEHTICAL SCENARIO: Passage of title
• Avoid outdated provisions: Changes in transportation and logistics practices, as well as other commercial developments
• Understand non-binding and non-application references in U.S. law
  • CASE STUDY: Electronics import from Kobe, Japan to San Diego
• Understand lack of uniformity: Interpretation and application of terms can vary between countries and regions, leading to potential misunderstandings and disputes
  • HYPOTEHTICAL SCENARIO: Interpreting USA versus EU

Networking Break

GOVERNMENT PROCURMENT AND COUNTRY OF ORIGIN ISSUES

BAA, TAA, IRA, CHIPS Act and More! An Overview of the Most Significant Country of Origin (COO) Requirements

Carol Anderson
Carol Anderson
Microsoft

Richard M. Wortman
Partner
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP

Neena Shenai
Senior Legal Director & Chief Counsel for Global Trade
Medtronic

• Common misconceptions around procurement waivers
• Recent DFARS regulatory changes on prohibited sources and the Xinjiang Uyghur Autonomous Region
• Buy America requirements in government subsidies (IRA and CHIPS)
• Content versus origin: Which one applies?
• Key compliance concerns: Changing suppliers, not knowing which program applies, training procurement staff

Close of Day One

Registration and Continental Breakfast

Co-Chairs’ Opening Remarks

Cindy Allen
Chief Executive Officer and Managing Director
Trade Force Multiplier LLC
Member
COAC – CBP Commercial Operations Advisory Committee

Ted Murphy
Partner
Sidley Austin LLP

CONGRESSIONAL TRADE AGENDA

Customs Modernization: What is Congress’s Role in Trade Policy? The Future of GSP, MTB, AGOA and Other Programs

Alexandra Whittaker
Democratic Chief Trade Counsel; Staff Director Trade Subcommittee, House Committee on Ways and Means
U.S. House of Representatives

HYPOTHETICAL SCENARIO PLANNING AND AUDIENCE POLLING

Classification, Valuation and Country of Origin Determinations: Duty Savings, The Fallback Method, and AI in HTS

Kelly Herman
Corporate Counsel Export Import
Northrop Grumman

Kelly Guzman
Director, Trade Compliance
Allegion

Joel Rogers
Associate General Counsel, International, Supply Chain & Regulatory
The Home Depot

David P. Sanders
Partner
Cassidy Levy Kent

• Country of Origin
• Eliminating duties through origin changes (232, 301, etc.)
• XUAR reporting obligations (made in or made with Chinese components)
• Working with your supplier to get the origin information you need
• Valuation
• Best practices: four-way matching in post-entry reviews
• Is it an assist?
• Proper application of the fallback method
• Classification
• Chapter 98 classifications (which one to use, how to document)
• Trust but verify (do you have all the information you need to classify)
• Using AI in tariff classification

Networking Break

FLETF FIRESIDE CHAT

FLETF and the UFLPA: Looking at Industry Cooperation and Inter-Agency Coordination One Year Back, One Year Forward

Tasha Hippolyte
Deputy Assistant Secretary, Trade Policy
U.S. Department of Homeland Security

Moderator:

Beth Neitzel
Partner
Foley Hoag LLP
Former Senior Counselor to the Secretary
U.S. Department of Homeland Security

AUDIENCE POLLING AND HYPOTEHTICALS

Import Compliance Best Practices and Lessons Learned

Kelly Herman
Corporate Counsel Export Import
Northrop Grumman

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

During this session, speakers share their most recent compliance challenges and how they resolved them. This discussion will engage both the speakers and the audience, so please bring your questions!

Networking Lunch

INTERVIEW

TSA’s NEW Cargo Certified Screening Program (CCSP) Program

AD/CVD ENFORCEMENT

Improving Enforcement and Administration of Trade Remedies: Commerce’s Proposed Regulations and Updates on Section 201, 232 and 301 Proceedings

Scott McBride
Associate Deputy Chief Counsel, Trade Enforcement and Compliance
U.S. Department of Commerce

Nithya Nagarajan
Partner
Husch Blackwell LLP

Cindy Owens
Vice President, Legal, Trade Counsel
Polaris Inc.

Lian Yang
Partner
Alston Bird LLP

The U.S. Department of Commerce (Commerce) proposes to amend its regulations to enhance, improve and strengthen its enforcement of trade remedies through the administration of antidumping duty (AD) and countervailing duty (CVD) laws. In this proposed rule, Commerce would revise many of its procedures, codify many areas of its practice, and enhance certain areas of its methodologies and analyses to address price and cost distortions in different capacities.

During this session, learn more about the status of this new development and Section 201 and 232 litigation, as well as the impact of the Section 301 tariffs and EAPA investigations

Networking Break

TRADE-RELATED FALSE CLAIMS ACT

FCA Cases Involving Customs Violations: Case-to-Case Variations and Common Missteps Leading to Penalties

Jeremy Page
Partner
Page Fura, P.C.

Tirzah Lollar
Partner
Arnold & Porter Kaye Scholer LLP

Richard B. Roper
Partner
Holland & Knight LLP

Olga Torres
Managing Member
Torres Trade Law, PLLC

Shara L. Aranoff
Partner
Covington & Burling

On February 7, 2023, the U.S. Department of Justice (“DOJ”) announced that settlements and judgements under the False Claims Act (“FCA”) exceeded $2 billion for the 2022 fiscal year. The 2022 fiscal year also had the second-highest number of settlements and judgments for any given year in FCA history. How can importers avoid costly FCA penalties and build such measure into their existing import compliance programs?

• HTS classification pitfalls
• Internal protocols around whistleblowers
• Private party trade enforcement dynamics
• “Reverse false” claims
• Anticipated increased enforcement dynamics
• For companies aware of potential Customs or other trade violations, what are the potential benefits of submitting voluntary disclosures to the government?

SECTION 337/ITC UPDATE PROPOSALS

China, Section 337, and Mitigating Unfair Trade Practices

Rob Atkinson
President
Information Technology and Innovation Foundation (ITIF)

Dax Terrill
Branch Chief, Exclusion Order Enforcement
U.S. Customs and Border Protection

Over the past decade, there have been several proposed tweaks to Section 337, or the ITC more generally, to address alleged non-practicing entity abuse of the ITC or alleged unfair trade practices implemented by China. What can be added to the Section 337 toolkit to reinvigorate its power to squelch unfair Chinese trade actions?

• Needed updates around forced technology transfers, closed domestic markets, subsidies, and other unfair China trade practice
• Section 337’s critical “injury” standard: Should it be removed?
• Legal standard reductions for winning cases against non-market, non-rule of law economies
  • “Rebuttable presumption” being applied to unfair trade practices from non-market, non-rule-of-law countries: Shift burden of proof to Chinese firms facing a 337 exclusion order

End of Conference