Cross Border Compliance with Attorney Benjamin L. England

Episode Summary:
In this episode, attorney Benjamin England discusses the recent Supreme Court ruling on IEEPA tariffs and the implications for companies navigating the complex world of international trade and FDA oversight. From constitutional issues to refund mechanisms, Benjamin provides valuable insights into the evolving tariff landscape.
Key Timestamps:
00:00 – Introduction
01:30 – IEEPA Tariffs Ruling
05:45 – Constitutional Implications
08:20 – Refund Mechanisms
11:10 – Legal Landscape Analysis
...continues with detailed insights
About the Show:
*FDA Imports* is a podcast hosted by attorney Benjamin England, focusing on cross-border compliance issues related to FDA regulations and international trade. Join us for expert insights and discussions on navigating complex legal challenges in the import industry.

This is just a quick update at the end of the week about what I think clients should be doing regarding #refunds of #IEEPA #tariffs post #SCOTUS ruling. We generally advise a belt-and-suspenders approach meaning a “me too” lawsuit in the #CIT sooner rather than later and protests. The lawsuit should be sooner because if there’s gonna be a roll up into a #consolidation, you want to be in that first group that’s consolidated. It increases chances of an earlier refund. And you can also sue later, but you will have to probably be consolidated in a later group which will cause delays.
Also there’s the #protest option, which we are recommending as a back up plan. Remember you have unforgiving time frames on protests: 180 days after #liquidation. #CBP is advancing liquidation to try to cut off your rights on refunds. Watch the video for more. contact@fdaimports.com -- don't hesitate and please send this to anybody that you know needs this general (not legal) advice.

Episode Summary:In this episode, Attorney Benjamin England delves into the aftermath of the Supreme Court ruling that struck down Trump's tariffs, leading to a maze of confusion for import-export businesses. He outlines strategies for clients, including filing lawsuits and utilizing the protest process to reclaim overpaid tariffs.
Key Timestamps:00:00 – Introduction01:30 – Strategies for clients post-Supreme Court ruling04:15 – Explanation of the protest process07:20 – The importance of meeting protest deadlines09:45 – Potential Trump administration appeals and strategies12:30 – Congress's role and the "Release Act"15:00 – Impact on small businesses and importers17:45 – Client approach and the wait-and-see situation20:10 – Advice on paying tariffs and post-entry corrections
About the Show:*Cross Border Compliance with Attorney Benjamin L. England* is a podcast series hosted by legal expert Benjamin England, focusing on cross-border compliance issues in the realm of FDA oversight and international trade. Join the conversation on navigating regulatory challenges and trade complexities in today's global market.

Episode Summary:In this episode, attorney Benjamin England discusses the recent Supreme Court rulings on tariffs initiated by President Trump and their implications for businesses. From reciprocal tariffs to fentanyl tariffs, learn about the legal intricacies and potential refund processes involved.
Key Timestamps:00:00 – Introduction01:30 – Overview of Trump's tariff actions03:45 – Supreme Court's ruling on iEBA authority05:20 – Impact on industry and potential refunds08:10 – Strategies for seeking tariff refunds11:45 – Potential supply chain implications
About the Show:* Cross Border Compliance with Attorney Benjamin L. England* is a podcast series where regulatory attorney Benjamin England provides expert insights into FDA oversight and international trade compliance. Stay informed on legal matters affecting businesses worldwide.

Still NO ONE has told #CBP to #refund #IEEPAtariffs including none of the Courts that have ruled. The day #SCOTUS knocked down Trump's #IEEPA tariffs, two Congresspersons introduced the #ReliefAct. It’s another example of why all new legislators (and some old ones) should be required to pass at least a high school level civics class before taking their seats. These two don’t know how to write a bill that actually makes #Customs do anything much less refund IEEPA tariffs in 90 days. Watch the video to see why. In this video, I also discussed:
The 10-15% #section122 tariffs and their temporary application,
Bringing lawsuits under the CIT‘s residual jurisdiction provision, and
Why the administration has no incentive to do anything other than nothing.
 
The SCOTUS and the #CIT and the #CAFC never addressed many outstanding questions and nobody including the Relief Act told customs to refund the money. Trump says he will litigate refunds for the next five years. I believe him and so should you. Send this to a friend who you know who paid IEEPA tariffs.

SCOTUS did not change anything except the basis for the tariffs. It did not rule against the trump tariffs. It ruled against using IEEPA as a basis for the President to issue tariffs without congressional action. Now, Congress has a problem -- All SCOTUS did was drag Congress into the arena after the tariffs have not had the catastrophic effects all the doomsayers predicted. That debate will continue to the midterms and suddenly all the discussion will be about the economy -- not ICE, not rivers and seas, not the biology of men and women. The WH didn't back up or change direction -- it changed lanes -- from IEEPA to more USTR investigations under Section 301 and no doubt 232 and certainly 10% under Section 122. Remember, China is still paying 25% and Biden never reversed it.
Comment below!

SCOTUS RULES TRUMP ADMIN DROOLS! #scotus just issued a very broad defeat to the #Trump administration respecting the #IEEPA #tariffs ruling in agreement with the #CAFC that IEEPA is not a proper basis for any tariffs not just the ones that were in front of the court that everybody has been talking about. This ruling is so broad that it this extends all of the IEEPA-based tariffs, including #Brazil tariffs then #Russian-oil tariffs, #fentanyl tariffs all sorts of tariffs. So if you haven’t been listening to me before and didn’t already start, then now it’s time to actually try to get your money back. Don’t wait. Don’t hesitate. You’ve got to move because a lot of people are already in line and getting in line ahead of you. Please follow up quickly because my time is scarce too

Episode Summary:Attorney Benjamin England delves into the complexities of FDA imports and cross-border compliance. From discussing the FDA's authority over imports to examining labeling enforcement and compliance risks, Ben sheds light on the regulations governing FDA-regulated products. Gain insights into the statutory basis for FDA oversight, the impact of state laws on federal regulations, and the evolving enforcement strategies affecting import cargo.
Key Timestamps:00:00 – Introduction to FDA Imports and Compliance03:15 – FDA's Authority Over Imports and Exports06:45 – Intersection of State and Federal Laws in Import Regulation10:30 – Relevance of Federal Law in State Regulations14:20 – Impact of Labeling Compliance on Import Cargo18:05 – FDA's Harsher Stance on Imported Cargo21:40 – Small Businesses and FDA Regulatory Challenges26:15 – User Fees and Government Operations During Shutdowns30:00 – Addressing Industry Concerns and Regulatory Guidance
About the Show:*Cross Border Compliance with Attorney Benjamin L. England* is a podcast series hosted by attorney Benjamin England, offering expert guidance on navigating the complexities of FDA regulations governing importation and compliance. Explore the intersection of FDA oversight and international trade, providing actionable insights for businesses dealing with FDA-regulated products.

Episode Summary:
In this episode, attorney Benjamin England explores the complexities of postmarket issues that arise after products clear the border. From FDA investigations to recalls, Benjamin breaks down the challenges importers face when FDA scrutiny returns to their doorstep. Gain valuable insights into compliance strategies and the responsibilities importers hold in ensuring product safety and regulatory adherence.
Key Timestamps:
00:00 – Introduction
01:30 – Understanding Customs and FDA Attention at the Border
05:15 – Post-Customs Questions and Investigations
09:45 – FDA's Broader Jurisdiction Beyond the Border
13:20 – The Importance of Compliance Post-Importation
17:05 – Triggers for FDA Scrutiny: Consumer Complaints and Events
20:40 – FDA Approaches to Postmarket Situations
24:10 – Importer and Distributor Responsibilities in Product Issues
28:55 – Voluntary vs. Mandatory Recalls: Decision-Making Factors
33:30 – Building a Compliance System for Long-Term Product Integrity
37:45 – Importance of Supplier Relationships and Recall Preparedness
About the Show:
FDA Imports delves into the intricacies of cross-border compliance with expert guidance from attorney Benjamin England. This series equips businesses with the knowledge and strategies needed to navigate the intersection of FDA oversight, customs enforcement, and international trade successfully.

Episode Summary:
In this episode, attorney Benjamin England sheds light on the Supreme Court challenge regarding tariffs under IEEPA and how companies can safeguard themselves amidst the legal uncertainties. Learn about potential refund strategies and crucial steps to take before and after the court ruling, offering actionable insight for importers facing tariff challenges.
Key Timestamps:
00:00 – Introduction
02:45 – Overview of IEEPA and its implications
06:20 – Filing a protest with customs for tariff refunds
10:15 – Importance of filing a lawsuit for expedited refund process
14:30 – Acting before vs. after the Supreme Court ruling for optimal outcomes
18:00 – Addressing the time-sensitive nature of tariff refund processes
21:45 – Implications of SCOTUS decisions on export bans under IEEPA
26:10 – Wide-ranging impact of tariffs on various imports under IEEPA
30:55 – Understanding the asymmetric nature of modern warfare and tariff applications
36:40 – Exploring the rationale behind IEEPA tariffs and potential outcomes
40:15 – Closing remarks and call to action for impacted companies
About the Show:
*Cross- border Compliance with Attorney Benjamin England* delves into the complex world of FDA regulatory compliance and international trade with expert insights from attorney Benjamin England. Join us to stay informed on critical issues affecting importers and exporters in today's global market.