1:25 Welcome and Introductions
1:30 Taking Stock of the U.S.-China Trade War
Joshua Mark "Josh" Snead, House Ways and Means Committee Trade Subcommittee, Washington, D.C.
J. Michael Taylor, King & Spalding LLP, Washington, D.C.
Nearly five years have passed since the United States initially imposed tariffs on most imports of Chinese-origin articles into the United States pursuant to Section 301 of the Trade Act of 1974. Take a deep dive into the current status of the US-China trade war and discuss potential outcomes on whether the U.S. Trade Representative will reinstitute a process for importers to request product-specific exclusions from the tariffs, what steps the U.S. can and should take to address China's performance under the Phase One trade agreement, export controls, and how the technology competition between the U.S. and China continues to affect businesses.
2:32 A Discussion on Forced Labor and Global Supply Chains
Elizabeth Shingler, KPMG, Richmond, VA
Patrick J. "Pat" Togni, King & Spalding LLP, Washington, D.C. and Charlotte
Explore emerging trends and compliance considerations regarding the federal ban on "forced-labor" goods under 19 C.F.R. § 1307, which is enforced by U.S. Customs and Border Protection (CBP). Forced labor enforcement by CBP has increased significantly since 2015, when Congress made an important change by removing the "consumptive demand" provision from the statute. In late 2021, Congress once again revised the statute to create a rebuttable presumption that articles manufactured wholly or in part in the Xinjiang Uyghur Autonomous Region of the People's Republic of China, or whose supply chains otherwise involve certain entities in China, should be prohibited from entry into the commerce of the United States. This discussion introduces participants to CBP practice and procedure on forced labor issues and shares perspectives on this increasingly important aspect of compliance for companies and other stakeholders whose operations are affected by global supply chains.
3:44 Committee on Foreign Investment in the United States (CFIUS)
Alexis Early, King & Spalding LLP, Washington, D.C.
Dominic Lerario, Parker Poe, Raleigh
J. Philip Ludvigson, King & Spalding LLP, Washington, D.C.
CFIUS reviews foreign investments in U.S. businesses and real estate for national security concerns. After substantial regulatory reform in 2020, it expanded powers to review transactions being negotiated by parties, force divestment of already-closed transactions with no statute of limitations, and undertake other enforcement activities. The panel provides an overview on the many industries of concern to CFIUS, how to identify transactions that may be of interest to CFIUS, and how attorneys can help clients navigate the CFIUS enforcement process.
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