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 Compliance 03:15 – FDA's Authority Over Imports and Exports 06:45 – Intersection of State and Federal Laws in Import Regulation 10:30 – Relevance of Federal Law in State Regulations 14:20 – Impact of Labeling Compliance on Import Cargo 18:05 – FDA's Harsher Stance on Imported Cargo 21:40 – Small Businesses and FDA Regulatory Challenges 26:15 – User Fees and Government Operations During Shutdowns 30:00 – 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.

Episode Summary:

Attorney Benjamin England, founder of FDAImports.com, delves into the intricacies of supply chain transparency in FDA-regulated importing. From FSMA-204 to the UFLPA, he highlights the critical need for importers to document ingredient origins and ensure compliance with FDA oversight. Learn how traceability plays a vital role in safeguarding against food safety events and recalls, offering essential insights for importers.

Key Timestamps:

00:00 – Introduction

03:45 – Supply Chain Transparency 2.0

06:10 – FSMA-204 Traceability Requirements

09:25 – Future Expansion of Traceability Demands

12:15 – CBP's UF LPA and Forced Labor Documentation

15:40 – Maintaining Records for FDA and CBP Compliance

18:55 – Final Takeaways and Recommendations

About the Show:

FDA Imports is your go-to resource for understanding the complexities of FDA regulations and compliance in cross-border supply chains. Join us as we unravel the nuances of import documentation and regulatory requirements to ensure your business stays ahead in the global trade landscape.

Episode Summary: In this insightful episode, Benjamin England, founder of FDA Imports and former FDA regulatory counsel, explores how artificial intelligence and predictive analytics are transforming the way the FDA and U.S. Customs evaluate imports. Ben breaks down how the PREDICT system—short for Predictive Risk-Based Evaluation for Dynamic Import Compliance Targeting—uses data-driven scoring to identify high-risk shipments and streamline inspections. He also discusses the role of machine learning in modern compliance systems, the critical importance of data accuracy for importers, and how technology continues to evolve the relationship between FDA, Customs, and other regulatory agencies.

Key Timestamps: 00:01 – Show Introduction 00:56 – What Is the PREDICT System and How Does It Work 03:12 – Evolution of FDA’s Risk-Based Import Screening 05:00 – Incorporation of AI and Evolutionary Algorithms in PREDICT 07:42 – Comparing Early and Modern Screening Results 09:55 – Importance of Data Consistency for Importers 12:34 – Interagency Data Sharing Between FDA, Customs, and USDA 15:06 – Practical Steps for Small Importers to Avoid Unnecessary Holds 17:40 – The Future of AI and Human Judgment in FDA Inspections

About the Show: "FDA Imports: Cross Border Compliance" delves into the complex intersection of FDA oversight, Customs enforcement, and international trade. Each episode features expert insights from Benjamin England, who helps global businesses navigate evolving compliance challenges through practical strategies and regulatory expertise.