Workshop B – Your Updated Blueprint for Navigating the Most Complex Classification, Valuation and Country of Origin Challenges
Bryce Bittner
Managing Counsel
McKinsey & Company
Jean-Rene Broussard
Associate General Counsel, US Regulatory
DHL
Nicholai Diamond
Counsel
Akin Gump Strauss Hauer & Feld LLP
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
- 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