The Time to Focus on the Auto Supply Chain is Now

09 July 2020 Blog
Authors: Gregory Husisian Jenlain A. C. Scott
Published To: Dashboard Insights Manufacturing Industry Advisor

A recent Law360 article by Foley attorneys Gregory Husisian and Jenlain Scott underscores the importance of supply chain due diligence.  As developed in detail here, the risks of large penalties for international regulation violations pose outsized risks for the automotive industry, where many companies source, operate or sell internationally. Also of particular concern to automotive companies is the heightened enforcement of U.S. Customs and Border Protection requirements.

For automotive and other manufacturing companies, which often rely on complex supply chains, multiple recent developments – including a seven-figure penalty on e.l.f. cosmetics for poor supply chain due diligence, as well as multiple special advisories stating US government expectations for “full-spectrum supply chain due diligence” – send a clear message: The U.S. government expects your company to be conducting due diligence, to be applying know-your-supplier — or even know-your-supplier's-supplier — checks, and implementing compliance measures and red flags awareness across the entire supply chain.

Supply chain concerns also are of special note due to recent developments in international trade, including implementation of the USMCA and heightened focus by US Customs on under-declaration of revenue.  Customs already has been carefully monitoring the proper declaration of free trade preferences, and the full payment of Section 232 and 301 duties, as well as antidumping and countervailing duties. New USMCA originating content requirements make it even harder to qualify for special low tariffs within the USMCA region.  Thus, the implementation of new USMCA rules comes at the intersection of all the areas where Customs is focusing its enforcement attention, which is of particular concern to the automotive industry, as participants often use goods that fall under these duties in their Canadian, Mexican and U.S. operations.

To deal with these issues, any automotive and other manufacturing company that acts as the importer of record needs to have a strong compliance program in place, to ensure that it is discharging the responsible-care expectations of Customs. A robust compliance program should include a detailed Customs manual, standard operating procedures and consistently followed measures designed to check the accuracy of information given to the company from its suppliers.

The authors also have available two white papers that can help multinational companies deal with international trade and international regulatory issues. If you would like a copy, you can contact the authors at (202-945-6149) or (202-295-4001). 

Note: originally published in Law360.

This blog is made available by Foley & Lardner LLP (“Foley” or “the Firm”) for informational purposes only. It is not meant to convey the Firm’s legal position on behalf of any client, nor is it intended to convey specific legal advice. Any opinions expressed in this article do not necessarily reflect the views of Foley & Lardner LLP, its partners, or its clients. Accordingly, do not act upon this information without seeking counsel from a licensed attorney. This blog is not intended to create, and receipt of it does not constitute, an attorney-client relationship. Communicating with Foley through this website by email, blog post, or otherwise, does not create an attorney-client relationship for any legal matter. Therefore, any communication or material you transmit to Foley through this blog, whether by email, blog post or any other manner, will not be treated as confidential or proprietary. The information on this blog is published “AS IS” and is not guaranteed to be complete, accurate, and or up-to-date. Foley makes no representations or warranties of any kind, express or implied, as to the operation or content of the site. Foley expressly disclaims all other guarantees, warranties, conditions and representations of any kind, either express or implied, whether arising under any statute, law, commercial use or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Foley or any of its partners, officers, employees, agents or affiliates be liable, directly or indirectly, under any theory of law (contract, tort, negligence or otherwise), to you or anyone else, for any claims, losses or damages, direct, indirect special, incidental, punitive or consequential, resulting from or occasioned by the creation, use of or reliance on this site (including information and other content) or any third party websites or the information, resources or material accessed through any such websites. In some jurisdictions, the contents of this blog may be considered Attorney Advertising. If applicable, please note that prior results do not guarantee a similar outcome. Photographs are for dramatization purposes only and may include models. Likenesses do not necessarily imply current client, partnership or employee status.

Related Services