Product Import and Export
Beveridge & Diamond helps clients bring products and raw materials across national borders. Our work involves trade-focused agencies such as U.S. Customs and Border Protection and the International Trade Administration, as well as regulation of imports and exports under laws such as the Toxic Substances Control Act, the Federal Insecticide, Fungicide, and Rodenticide Act, and the Federal Food, Drug, and Cosmetic Act. (Movement of end-of-life products across national borders is addressed in “End of Life”.) Here are some examples of import and export issues for which we have helped clients.
- Regulatory requirements for imports and exports of unregistered pesticides under FIFRA and imports of chemicals not on the TSCA Inventory for research and other purposes.
- Requirements of import certification and export notification regulations under TSCA, and defense of enforcement actions for alleged non-compliance.
- The release of active pharmaceutical ingredients held by U.S. Customs and Border Protection for alleged failure to meet FFDCA labeling requirements.
- The registration provisions in the European Union’s regulation on Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), including the availability of key exemptions and the establishment of a qualified “Only Representative.”
- The application of environmental excise taxes on the use of ozone-depleting chemicals in the overseas manufacture of certain imported products.
- Various international treaties that affect movement of materials between countries, such as the Basel Convention for Transboundary Movements of Hazardous Wastes and Their Disposal, the OECD Decision on recyclable materials and related bilateral agreements, and the Chemical Weapons Convention.
- Reporting requirements under the Chemical Weapons Convention for imports into the U.S. and other countries of individual chemicals with the potential to be used in the production of chemical weapons.
- Exemptions from worldwide regulatory requirements for products containing chemicals capable of diversion to the production of illegal drugs.
- Processes to meet the import declaration requirements for wood and wild plant products under the Lacey Act, and compliance with the substantive provisions of the Lacey Act including implementation of due diligence processes to ensure the legal origin of wood and wild plant materials.