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ARTICLE · 04 DECEMBER 2019

The Evolution Of TAA Compliance Post-Energizer – "Substantially Transformed" Has Substantially Changed

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Trade Agreements Act compliance changed fundamentally three years ago. Or, so we thought on December 7, 2016, when the U.S. Court of International Trade ("CIT"), the appellate body for country

United StatesStrategy
David Gallacher
David Gallacher
Ryan Roberts
Ryan Roberts
Ariel E. Debin
Ariel E. Debin
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Trade Agreements Act compliance changed fundamentally three years ago. Or, so we thought on December 7, 2016, when the U.S. Court of International Trade ("CIT"), the appellate body for country of origin determinations issued by the U.S. Customs and Border Patrol ("CBP"), for the first time analyzed the meaning of "substantial transformation" under the Trade Agreements Act.("TAA").i To celebrate this third anniversary, we reviewed the CBP decisions issued over the last three years: (1) to see if we were correct, (2) to determine exactly how the CIT decision fundamentally changed the substantial transformation analysis, and (3) to figure out how companies can best comply with the TAA after this landmark decision.

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