Many people are aware of the Section 301 investigation into the unfair trade practices of the Peopleās Republic of China (PRC). However, a similar investigation has recently been initiated by the United States Trade Representative (USTR) into actions by Vietnam.
Although 2020 is not over yet (unfortunately), the Bureau of Industry and Security (āBISā) has had a busy year by any measure.
By Bob Brewer, Braumiller Law Group It doesnāt seem that long ago, but it was, (October of 2018) that I wrote an article called āWhatās
In the chaos of a pandemic, āthe show must go onā, and indeed, the regulators in Washington D.C. did just thatāin the form of far reaching and noteworthy changes in re-export restrictions to China and companies like Huawei.
On November 15, 2020, leaders of fifteen Asia-Pacific countries signed the Regional Comprehensive Economic Partnership (RCEP) via a virtual signing ceremony.
In a Federal Register Advance Notice of Proposed Rulemaking, dated Oct. 28, 2020, U.S. Customs & Border Protection (CBP) proposed a program for continuing education for licensed individual customs brokers.
On September 10, 2020, HMTX Industries and related companies, Halstead and Metroflor, filed a lawsuit in the Court of International Trade (āCITā) alleging that the U.S. Trade Representative (āUSTRā) exceeded its authority when it issued tariffs under Section 301 of the Trade Act of 1974 (āTrade Actā).
On April 6, 2017, Mexico published in the Mexican Official Gazette an enactment decree to amend the Marrakech Agreement that created the World Trade Organization (WTO). This amendment consisted of the incorporation of the Agreement on Trade Facilitation (ATF) set out in Annex 1A to the WTO Agreement.
On September 11, 2020, the U.S. Department of Commerce International Trade Administration published a final rule modifying its regulations pertaining to the Steel Import Monitoring and Analysis (SIMA) System.
Colleges and universities ā Ivy covered buildings with students and faculty engaged in academic pursuits.
Colleges and universities ā Hotbeds of export control concerns. What??
The halls of academia have increasingly become involved with export control issues. There are several ways that universities are potentially affected by export controls, including:
As many importers are aware, a lawsuit was brought against the United States arguing that the List 3 and List 4A tariffs violated The Trade Act of 1974, as well as the Administrative Procedure Act (APA). Once the initial lawsuit was filed by HMTX on September 10th, companies rushed to find trade counsel to submit a lawsuit on their behalf.
On the morning of September 15th our firm released a notification to importers that there was a case filed with the CIT that may possibly pave the way to refunds on the Section 301 tariffs. We expected a fairly decent response, and what we got was 10xās that in importerās knocking on our door to file a case.
Since the outbreak of the COVID 19 pandemic weāve witnessed a myriad of businesses in all areas of commerce crash or even succumb all together to the drastic, unforeseen and continuing prohibitions and restrictions which have dramatically changed our ways of life around the world.
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.
A quick scroll through the social media app TikTok will lead you to āthirst trapā videos, Sheena Melwani playing a beautiful song on her keyboard while her ādadā provides hilarious quips, dogs like Tina the Chi doing crazy chihuahua things, and couples like Thirsty on Main providing relationship advice and looks into their daily lives.
Have you heard about the Mexican āFourth Transformation (4T)ā? Well, this is how Mexican President Andres Manuel Lopez Obrador (AMLO) wants his term in office to be known as. He says, throughout the course of the history, Mexico has gone through 3 important episodes: 1. Independence, 2. Reform, 3. Revolution, and 4ā¦: the 4T.
Determining the country of origin of imported articles has become increasingly important in recent years. There has long been a requirement that imported articles be marked with the name of the country of origin. Country of origin also determines eligibility for special duties or free trade agreements.
The USMCA recently went into effect on July 1, 2020, which ended the twenty-six years reign of NAFTA. A major focus of the new agreement was to update the regulations relating to the automotive sector.
The new agreement is similar to NAFTA in many respects, and the commitments that pertain specifically to machinery, equipment and computers in Chapter 84 have not changed very much, with the exception of the rules of origin calculations for motor vehicles and parts, which impacts several categories of goods in Chapter 84.
The enactment of the āUnited States Mexico Canada Trade Agreementā (āUSMCAā) on July 1st, 2020, heralded the first new tri-lateral trade agreement since the enactment of its predecessor, NAFTA in 1994.
In recent years, the global spotlight has illuminated the grave concerns surrounding human rights violations within China’s Xinjiang region, particularly those impacting the Uyghur population. The Uyghur Forced Labor Prevention Act (UFLPA) stands as a pivotal piece of legislation designed to address these concerns and to ensure that products imported into the United States are devoid of forced labor originating from the Xinjiang region.
The implementation of trade policies in what many consider acts of protectionism and manipulation are the norm, and of course China and the U.S. are a prime example. Solutions include nearshoring, reshoring, and protectionism. Itās complicated, so for the purpose of this article, letās stick with nearshoring.
On November 1, 2023, FDA issued a proposed rule that would make changes to its prior notice regulations, if the rule is finalized. These changes include requiring the name of the mail service and a mail tracking number to be provided in prior notice for food articles arriving by international mail. In addition, the FDA proposes that food facility registration information and prior notice be submitted within a specific timeframe after receiving certain notices of refusal or hold (āpost-refusalā and āpost-holdā submissions).
On October 4, 2023, A coalition of 14 U.S. aluminum extrusion producers and labor unions filed petitions before the Department of Commerce, International Trade Administration (Commerce) and the International Trade Commission (ITC) seeking to impose antidumping (AD) and countervailing duties (CVD) on aluminum extrusions produced in 15 countries and exported to the U.S.
As we have previously explained in other articles, an IMMEX is a duty deferral program from the Mexican federal government created in 2006, which stands for Industria Manufacturera, Maquiladora y de Servicios de ExportaciĆ³n (Manufacturing, Maquiladora and Export Services Industry).
On October 25, 2023, the Bureau of Industry and Security (“BIS”) published interim final rules amending the Export Administration Regulations (“EAR”) to add/clarify new controls on semiconductor manufacturing equipment (āSMEā), advanced computing integrated circuits (āICā), and computer commodities containing them.
In April of this year U.S. Customs & Border Protection (CBP) issued Headquarters Ruling H330077. The ruling was in response to a protest filed by an importer that had a shipment of wearing apparel excluded from entry under a Withhold Release Order (WRO) at the port of Newark, NJ. The wearing apparel was processed from cotton produced in India, made into yarn and fabric in China, and converted to wearing apparel in Cambodia. None of the parties to the transaction were located in the Xinjiang Region of China.
The Office of Management and Budget (āOMBā), Made in America Office issued a Final Rule to clarify the Build America, Buy America Act (āBABAā) provisions of the Infrastructure Investment and Jobs Act4 (āIIJAā) and to clarify existing provisions related to domestic preferences. The Final Rule amends Title 2 of the Code of Federal Regulations (āCFRā), subtitle A, chapter I by adding a new Part 184 to support implementation of BABA. OMB also amended 2 CFR 200.322 to clarify existing provisions within part 200. According to OMB, the Final Rule āis intended to improve consistency in the implementation of BABA requirements across the Federal Government.ā5 The Final Rule will take effect October 23, 2023.
Tensions are escalating in the South China Sea, a vital maritime route for international trade. Taiwan remains at the center of this conflict and in an increasingly interconnected world, the prospect of a Taiwan invasion has far-reaching implications for global trade and geopolitics. Itās becoming even more crucial to understand the potential repercussions of such an event on the global economy as a potential invasion from China becomes increasingly more likely.
Maximizing value is crucial when companies contemplate bringing on external support for any organizational function. While a company may consider several value categories, this article explores five primary categories ā productivity, profitability, image, experience, and convenience. By maintaining a value proposition mindset when requesting consultant resources, selecting consultants, and working with consultants, trade compliance professionals leverage the benefits of external experts.
