Industry rollout targets are being set while companies try to adapt to the rules, new and old. For the electric mobility sector, in which new technologies are being developed almost daily, these rules can soon become outdated. Bridging the gap between product development and the rules that govern them is a daunting challenge.
These rules impact the bottom line. Tariffs of up to 25% or more can cut into margins. While infrastructure funding, tax proposals, and energy and environmental concerns have dominated the electric mobility space, trade rules and supply chain challenges have received scant attention. This in spite of the important novel provisions for the EV sector in the USMCA, as well as the Section 301 and Section 232 tariffs impacting various materials and components in the supply chain.
Ever since the advent of the global economy, companies have had the ability to seek a competitive advantage and minimize the risks attendant in cross-border transactions by knowing how international trade rules work. With supply chains growing more complex, decisions on the sourcing, manufacturing, and logistics of inputs are increasingly important.
The supply chain for electric mobility products and their components are no different. Knowing how the trade rules impact the supply chain and being able to implement solutions immediately and at the front end is critical for companies to maintain their competitive advantage.
How best to bridge the gap between outdated trade rules and new electric mobility products?
Our team can assist in closing the gaps by leveraging our proven track record in advising industry stakeholders and providing our expert analysis of US trade rules. We work with business executives to help them understand the nexus of policy-making and global supply chains. Led by former senior government attorneys from key trade agencies (e.g. CBP, DOT, DHS, Treasury), and complemented by licensed customs brokers and a core group of non-legal professionals, our team translates the complex arena of trade law into strategic business practices.
Every company and every product is different; and so are the strategies for near and long-term advantage. These include:
- Mitigating the effect of high US tariffs, such as Section 301 China duties, through tariff exclusion requests, product origin and classification analysis, and supply chain restructuring.
- Increasing the competitiveness of a company’s electric mobility products in the US market by an analysis of USMCA qualification status, i.e., the ArentFox Schiff USMCA Diagnostic.
- Determining a company’s product’s eligibility under the Trade Agreement Act (TAA) for federal government procurement.
- Taking advantage of duty-savings programs like duty drawback or special tariff classification (Chapter 98).
- Adopting reasonable care and liability standards to your supply chain to mitigate the risk of onerous CBP and government agency enforcement actions.
- Contracting effectively within a company’s supply chain (suppliers and logistics service providers) for the movement of goods into the US.
- Contracting effectively with domestic partners for the distribution of electric mobility products and their components, including the siting of charging stations.
For Us, Smart in Your World Is Not Simply a Tagline
While many of these strategies may be familiar, the current risks created by the interplay between trade rules and electrification products — which did not exist or were in their infancy when many of the rules were developed— are now a novel and complex problem for many companies.
This is where our team at ArentFox Schiff comes in.
Areas of Focus
- USMCA automotive rules
- US import rulings, regulations and enforcement risk mitigation
- US 301 tariffs on parts imported from China
- US 232 tariffs on certain steel and aluminum imports
- NHTSA standards and proposed rulemaking
- International and domestic manufacturing and supply chain strategies
- "Biden-Harris Administration Announces Nearly $74 Million to Advance Domestic Battery Recycling and Reuse, Strengthen Nation's Battery Supply Chain" Department of Energy, November 16, 2022
- "Customs' New Modernized Broker Regulations Change the Broker-Importer Dynamic: Are You Prepared?" ArentFox Schiff, October 25, 2022
- "Biden-Harris Administration Awards $2.8 Billion to Supercharge U.S. Manufacturing of Batteries for Electric Vehicles and Electric Grid" US Department of Energy, October 19, 2022
- "Readout of Ambassador Katherine Tai's Meeting with European Commission Executive Vice President Valdis Dombrovskis" Office of the United States Trade Representative, October 13, 2022
- "Federal Highway Administration seeking comments on Buy America waivers for electric vehicle charging" The Daily Journal of the United States Government, Comments due September 30, 2022
- "FACT SHEET: President Biden’s Economic Plan Drives America’s Electric Vehicle Manufacturing Boom" The White House, September 14, 2022
- "The Impact of Emerging and Evolving Trade Rules on EVs " National Electrical Manufacturers Association, August 9, 2022
- "International Trade Commission seeks comments on USMCA automotive rules of origin. Deadlines for submission included in this link" The Daily Journal of the United States Government, August 9, 2022
- "Biden-Harris Administration Announces All 50 States, DC and Puerto Rico Have Submitted Plans for National Electric Vehicle Charging Network" US Department of Transportation, August 2, 2022
- "Inflation Reduction Act 2022: ZETA’s Summary of key Senate provisions for the Electric Mobility Sector" Zero Emission Target Association ,The bill expected to move for full Senate vote as early as the week of August 1, 2022
- "Canada announces Critical Minerals Strategy" Government of Canada, June 20, 2022
- "Public Transportation Agency Safety Plan FAQs for New Bipartisan Infrastructure Law Requirements" Department of Transportation, June 16, 2022
- "US DOE and DOT Establishes Electric Vehicle Working Group. Membership Applications due July 15, 2022" Federal Register, June 14, 2022
- "ICYMI: Biden Administration Announces $3.16 Billion from Bipartisan Infrastructure Law to Boost Domestic Battery Manufacturing and Supply Chains" Department of Energy, May 3, 2022
- "FOTW #1236: In 2021, 12.5% of New Light-Duty Vehicle Registrations in California were Plug-in Electric Vehicles" Department of Energy, May 2, 2022
- "FTC Enforces New Made in USA Rule against Lithionics and Owner Steven Tartaglia for Falsely Labeling Foreign-Made Batteries as American" Federal Trade Commission, April 13, 2022
- "USDOT Announces New Vehicle Fuel Economy Standards for Model Year 2024-2026" National Highway Traffic Safety Administration, April 1, 2022
- "DOE Announces $5 Million to Launch Lithium-Battery Workforce Initiative" Department of Energy, March 18, 2022
- "California State Motor Vehicle Pollution Control Standards; Advanced Clean Car" Environmental Protection Agency, March 2022
- "Administration Publishes Final Rule Increasing US Domestic Content Levels" Department of Defense, March 7, 2022
- "Biden-Harris Administration and the U.S. Department of Transportation Announce Nearly $1.5 Billion in Grants Funded by the Bipartisan Infrastructure Law to Modernize Bus Fleets and Facilities" US Department of Transportation, March 7, 2022
- "FACT SHEET: Securing a Made in America Supply Chain for Critical Minerals" White House, February 22, 2022
- “President Biden, DOE and DOT Announce $5 Billion over Five Years for National EV Charging Network” Department of Energy, February 10, 2022
- “Development of Guidance for Electric Vehicle Charging Infrastructure Deployment” Federal Highway Administration, November 29, 2021