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Reducing Criminal Liability with Chinese Imports

BY John R. Steer
December 19, 2008

China has quickly evolved into our second largest trading partner, and our pervasive reliance on China-made products has brought an increasing vulnerability to defective goods ' from poisoned pet food and lead-painted toys, to tainted heparin and melamine-laced milk-based products. Coupled with the near-depression in our economy, the China import safety crisis creates a perfect storm for driving importers and retailers out of business when faced with monumental product liabilities, both criminal and civil. Corporate counsel, therefore, must learn how to minimize or even eliminate their clients' increased criminal and civil exposure.

Background

According to the Consumer Product Safety Commission (CPSC), 61% of its 473 recalls in fiscal year 2007 were products made in China. In 2007, the President created a cabinet-level Interagency Working Group on Import Safety tasked with developing strategies to address this mounting problem. It released an Action Plan in November 2007.

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