Fashion Counsel with Anthony V. Lupo

Arent Fox's fashion law blog offers news, analysis, and insights for the industry from fashion attorney Anthony Lupo.

Fashion Counsel with Anthony V. Lupo

International Corporate, Importation & Immigration

Arent Fox has one of the largest international trade practices in the United States and has assisted its clients across the full range of trade enforcement and compliance matters. Of particular relevance to fashion clients is our background in focused assessments, importer self-assessments, investigations, and penalty proceedings involving Customs and Border Protection (CBP). We have represented fashion houses on all aspects of these proceedings and in working within the very complex rules relating to country of origin and valuation (including the so-called “first sale rule”). Arent Fox also has significant worldwide experience in drafting international corporate documents to minimize the risks on the foreign corporate parent, including related to issues of transfer pricing.

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New Revelations in the Leather Industry Put Western Footwear and Apparel Companies on their Back Feet

A watchdog organization known as Transparentem has uncovered dire working conditions in the heavily polluted tanneries located outside of Dhaka in Bangladesh. According to Transparentem, men, women, and children as young as fourteen have been working in a highly toxic environment under dangerous conditions with little or no protective gear. Further, Transparentem claims to have tracked the flow of leather from these tanneries to companies that produce shoes and handbags for several leading Western brands.

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What Trump Means for the Fashion Industry

As the inauguration of President-elect Donald Trump nears, retailers should be paying close attention to expected seismic changes in domestic trade policy that will have an important impact on the fashion industry.
 

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What the 2016 Election Means for Your Industry

The election of Donald Trump to be the 45th President and the retention of majorities in the House and Senate by the Republican Party were a surprise to most, but in the tradition of our country, the days after are a time for organizing to do the people’s business. From large corporations to small nonprofits, from urban centers to rural communities, the 2016 elections will have an impact across all sectors of the economy and globally as well. 
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US Importers, Managing Director, and Wholesale Customer Face Monetary Damages in Two Recently Unsealed False Claims Act Cases

The False Claims Act imposes liability on persons and companies who defraud the government of monies, whether it is by receiving monies based on false statements or material omissions, or avoiding the payment of monies through false statements or omissions. The statute permits both private parties (whistleblowers) and the government to bring actions against the perpetrators of such fraud in order for the government to collect damages, a portion of which will be paid to the whistleblower, if one is involved.

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Clothing Companies Spin a Yarn with Commercial Invoices, Resulting in $13.4 Million in Fines for Customs Violations

  • Be skeptical of suppliers offering to “help” keep duties low.
  • Thoroughly investigate any indications of double invoicing. 
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C’est Toi Jeans USA - a Trademark or a Country of Origin Reference?

Why does it matter? This seemingly inconsequential distinction may mean the difference between being able to prominently display your embroidered brand trademark on your jeans and being required to place a large “Made in China” marking next to the embroidered brand trademark. This is exactly what US Customs and Border Protection (CBP) attempted to do to the jeans manufacturer JBLU, Inc., whose “C’est Toi Jeans USA” trademark had been in use, but not yet registered.
 

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CBP Issues Withhold Release Orders On Certain Imports Made By Forced Labor From China

US Customs and Border Protection has provided details on recent changes to the law that prohibits imports made of convict, forced, or indentured labor. The Trade Facilitation and Enforcement Act of 2015 repealed the “consumptive demand” exemption to the ban on imports made by “forced labor.” The repeal became effective on March 10, 2016. 
 
Prior to the changes, there had been an exemption to the ban if goods were not mined, produced or manufactured in such quantities in the United States as to meet the consumptive demands of the United States.

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Arent Fox Speaks to New Fashion Designers on Setting Up Their Brands

On April 26, 2016The Fashion Institute of Design & Merchandising (FIDM) invited Anthony Lupo, chair of Arent Fox's fashion law practice, to give students and alumni a presentation about the specific legal and business challenges that designers and retailers of fashion an

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CBP Issues Withhold Release Orders On Certain Imports Made By Forced Labor From China

US Customs and Border Protection has provided details on recent changes to the law that prohibits imports made of convict, forced, or indentured labor. The Trade Facilitation and Enforcement Act of 2015 repealed the “consumptive demand” exemption to the ban on imports made by “forced labor.” The repeal became effective on March 10, 2016. 
 
Prior to the changes, there had been an exemption to the ban if goods were not mined, produced or manufactured in such quantities in the United States as to meet the consumptive demands of the United States.

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Importer Information: ACE Transition Delayed; Updated Timeline

This alert brings you recent developments affecting importers at US Customs and Border Protection (CBP). The developments affect how importer information is filed with CBP.
 
You will be impacted if you electronically submit entry or entry summary data to CBP. Groups most likely to be impacted include importers, brokers, self-filers, or software providers.
 

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ABOUT ARENT FOX LLP

Arent Fox LLP, founded in 1942, is internationally recognized in core practice areas where business and government intersect. With more than 350 lawyers, the firm provides strategic legal counsel and multidisciplinary solutions to clients that range from Fortune 500 corporations to trade associations. The firm has offices in Los Angeles, New York, San Francisco, and Washington, DC.