Workshop A – The Nitty Gritty of Complying with Country-of-Origin Rules: The Latest Lessons for Confirming Substantial Transformation

Jennifer Diaz LCB
President
Diaz Trade Law

Kelly Herman
Corporate Counsel, Export Import
Northrop Grumman
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 are best practices needed for importers to demonstrate substantial transformation? What are new, emerging Country of Origin compliance concerns? This highly anticipated workshop will delve into critically important updates, best practices and Country of Origin pitfalls to avoid.
Topics will include:
Country-of-Origin Rules:
- A practical understanding of procurement waivers
- Buy America requirements in government subsidies (IRA and CHIPS)
- Content versus origin: Which one applies?
- Common compliance concerns: Changing suppliers, not knowing which program applies, training procurement staff
- Types of origin rules, non-preferential and preferential rules
- Applying the appropriate rules of origin for different tariff determinations
- Where Substantial Transformation Occurs or Simple Assembly
- Textile and apparel rules
- Applying special tariffs: Tariff shifting
- Biding ruling requirements
- Free Trade Agreements (e.g., USMCA) rules
- Ensuring compliance with country-specific labeling and marking requirements to avoid penalties and facilitate smooth customs clearance
- How to eliminate duties through origin changes (IEEPA, 232, 301, etc.)
- Working with your supplier to get the origin information you need
- Responding to CBP enforcement
- CF 28s and origin verifications
- Documents and analysis needed to support origin claims
- Penalty Risks and Mitigation
- CBP rulings, legal opinions, and recent court cases