Author: Adrienne Braumiller

file protests

To File or Not to File Protests?

On September 10, 2020, HMTX Industries and related companies, Halstead and Metroflor, filed a lawsuit in the Court of International Trade (“CIT”) alleging that the U.S. Trade Representative (“USTR”) exceeded its authority when it issued tariffs under Section 301 of the Trade Act of 1974 (“Trade Act”).

Read More »
section 232

New Section 232 CIT Decision Paves Way for Import Litigation

On July 14, 2020, the U.S. Court of International Trade (CIT) ruled that the doubling of Section 232 duties on imports of Turkish steel after the initial imposition of the original national security duties at 25% is a violation of the Fifth Amendment guarantee of equal protection and due process.

Read More »
preparing for changes to nafta

USMCA –Key Changes to NAFTA and Preparing for Implementation

The United-States-Mexico-Canada Agreement (“USMCA”) is currently slated to take effect beginning on July 1, 2020. A review of the text of the USMCA reveals that USMCA retains many elements of the North American Trade Agreement (“NAFTA”), while displacing others with new or enhanced rules.

Read More »
usmca implementation

USMCA Implementation, What’s Next?

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.

Read More »
couriers brokers report importers

Executive Order Places Reporting Burden on Express Couriers and Customs Brokers to Report Importers

On Friday, January 31, 2020, President Trump issued an executive order reiterating the policy of the United States regarding persons who facilitate imports of merchandise in direct violation of Federal laws and calling for the Secretary of Homeland Security to issue a notice of proposed rule-making to establish criteria an importer must meet before obtaining an importer of record (IOR) number.

Read More »
emerging technologies

Emerging Technologies Rule-making is Upon Us!

On January 6, 2020, BIS published an interim final rule adding “software specially designed to automate the analysis of geospatial imagery” to the EAR and requiring a license to export and reexport such items to all countries, with the exception of Canada. This rule classifies “software specially designed to automate the analysis of geospatial imagery”

Read More »
usmca update

USMCA Update – Just when we thought we had a deal…

Many are wondering whether the updated NAFTA is going to make it. By make it, of course, we mean ratification of the agreement so that it may replace NAFTA. More and more, it seems that the “United States-Mexico-Canada Agreement” is a misnomer because the only agreement we are seeing is that there are still kinks to work out.

Read More »
cit jury trial

CIT‘s First Jury Trial in 20 Years

The Court of International Trade (CIT) is slated for its first jury trial in 20 years. The case? U.S. v. Univar USA Inc. What’s so special about it? On March 26, 2019, Judge Barnett of the Court of International Trade ruled that a jury can, indeed, rule on the ultimate question of 19 U.S.C. § 1592 (Penalties for Fraud, Gross Negligence or Negligence) liability, but the jury cannot rule on the amount of civil penalties stemming from § 1592 liability.

Read More »