As the head of the firm’s Customs & Trade practice group, Jessica uses her decades of experience to provide guidance to importers and others regarding all aspects of Customs and international trade laws and regulations, including tariff classification and valuation, country of origin determinations, antidumping and countervailing duty issues, Customs detentions, seizures, fines, penalties, and forfeitures, and product marking and labeling.  Jessica has particular expertise in the area of the U.S. prohibition on importation of goods made in whole or in part with forced labor (19 U.S.C. § 1307) and the Uyghur Forced Labor Prevention Act (UFLPA).  While much of her practice focuses on assisting clients in the food and agriculture, dietary supplements, medical devices, and pharmaceutical industries, Jessica has routinely represented clients of all industry types.

Her primary areas of focus include:

Customs and International Trade

Jessica regularly provides advice and counsel to clients on CBP and international trade compliance issues and enforcement actions, including:

• Providing pre-importation advice as to tariff classification, valuation, country of origin, utilization of special tariff provisions, duty preference programs, and bilateral and regional free trade agreements, and other entry issues, thus enabling clients to import goods in compliance with the law while identifying opportunities for duty savings;
• Obtaining binding CBP rulings regarding tariff classification, entry under duty-free provisions, and other import-related matters;
• Providing guidance regarding importation of pharmaceutical materials for experimental purposes and investigational new drugs, including duty savings that may be obtained through use of the prototype entry process and temporary importations under bond;
• Determining whether violations of Customs laws and regulations have occurred and providing guidance as to remedial measures, including the filing and perfection of prior disclosures;
• Providing guidance as to antidumping and countervailing duties, including obtaining scope rulings from the Department of Commerce;
• Obtaining duty refunds through the protest process; and
• Advising and advocating for clients on the full spectrum of CBP enforcement and potential enforcement procedures, including responses to CBP requests for information and notices of action, detentions, seizures, pre-penalty proceedings, and penalty proceedings.

Forced Labor/UFLPA

Jessica has deep experience in the area of forced labor, including the “traditional” prohibition on the importation of goods made in whole or in part with forced labor found in 19 U.S.C. § 1307 and the more recent prohibitions imposed by the Uyghur Forced Labor Prevention Act (UFLPA).  She is also a frequent speaker in this area.

Jessica has assisted multiple foreign producers whose goods were the subject of withhold release orders (WROs) and/or Findings to resolve those enforcement actions and obtain the lifting of the import bans, including obtaining the first lifting of a Finding that had occurred in 27 years.  She also aids foreign producers in forced labor and UFLPA due diligence issues, including advice on assessment and remediation of forced labor risks.

Jessica regularly provides advice and counsel to importers regarding compliance with 19 U.S.C. § 1307 and the UFLPA, including setting up and implementing supply chain due diligence programs; handles forced labor and UFLPA-related detentions and seizures; assists with forced labor-related CBP audits; and handles forced labor-related commercial issues.

Litigation

Jessica represents clients in litigation challenging CBP and Department of Commerce actions in the U.S. Court of International Trade and the U.S. Court of Appeals for the Federal Circuit, and has briefed and successfully argued numerous cases before both of these courts.  She has also served as co-counsel in litigation related to false or misleading advertising and marketing and has assisted in litigation regarding private enforcement of California Proposition 65.