Solving Trade Problems Under the New USMCA

solving trade problems usmca

This article outlines the various mechanisms available to companies that encounter problems with the implementation and operation of the United States-Mexico-Canada Agreement (USMCA) that officially replaces NAFTA on July 1, 2020. While the new agreement provides many of the same mechanisms as NAFTA, there have been significant changes.

Time to Revisit How We Define “Act of War” in Force Majeure Provisions

force majeure provisions

On May 4th, 2020, the Department of Homeland Security (“DHS”) intelligence service issued an unclassified four page report which stated in part:

[DHS Intelligence Service] assess the Chinese Government [“Peoples Republic of China” (“PRC”)] intentionally concealed the severity of COVID-19 from the International community in early January while it stockpiled medical supplies by both increasing imports and decreasing exports,” the May 1 DHS report states. (emphasis added).[1]

COVID-19 Regulatory Changes Impacting Importers and Exporters

covid 19 regulatory changes

The ongoing COVID-19 crisis has presented unique challenges for the U.S. supply chain, and for the U.S. economy as a whole. Front and center is the shortage of critical medical equipment and personal protective equipment (“PPE”), including ventilators, respirators, masks, gloves, swabs and other related equipment.

Force Majeure and the Coronavirus [COVID-19]: Definitions Matter

force majeure definition covid 19 coronavirus

The month of March has brought a deluge of cancellations of international conferences, travel and severely affected markets around the world, all due to the spread of “COVID-19” – the newest strain of the “Coronavirus” which was first discovered last December in Wuhan, China.

USMCA Implementation, What’s Next?

usmca implementation

The United States-Mexico-Canada Agreement (USMCA) has officially been ratified by all three North American parties, now what? For one thing, the United States, Canada, and Mexico must develop uniform regulations with an effective date prior to, or on June 1, 2020 which is the official implementation date of the USMCA.

Time to Play Nice With China on Trade?

china trade

I know, I know, some would say, “Are you kidding? They started this pandemic”? Yes, it did start in Wuhan, in China, but finger pointing at this time is not going to help either of us rebound from the economic impact that it has caused both countries.
Living in the current somewhat apocalyptic world, one would be justified in asking the proverbial question, “Why can’t we all just get along?”

Import Valuation

import valuation

Determining the appropriate value for merchandise that you import can be a tricky task. In general, you need to start by determining the basis of appraisement that is appropriate for your situation. I’ll list them below but note that you should try to use the first one.

Section 301 Updates: The Coronavirus

section 301 updates

The United States Trade Representative (USTR) has recently opened a comment period to address the ongoing COVID-19 pandemic. The USTR is inviting interested parties to submit a comment explaining whether a product currently covered by the Section 301 tariff action is needed for the medical and public health response against the virus.