News Articles

bad apples

When a Few Bad Apples Create Havoc in the Orchard

To a certain extent, it goes without saying that the pandemic has certainly opened the door for PPE opportunity, and at the same time, obviously, those who would choose to simply try and take advantage of the situation. I’m not talking about price gouging, although that has certainly happened (as always) in abundance.

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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.

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covid asian apparel industry

COVID-19 and the Impact on the Asian Apparel Industry

At the time of this writing, it’s not exactly another day in paradise, over 103,000 Americans are no longer with us, there are an estimated 1,500,000 confirmed U.S. cases of the coronavirus, and I am also ballparking at 40,000,000+ unemployment claims filed at the time of this writing, because just two weeks ago it was at 36,500,000.

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get certified under usmca

Are You Gonna Sign That Thing? Getting Certified Under USMCA

One of the major changes to come out of this trade agreement is elimination of the NAFTA Certificate of Origin. Instead, the USMCA replaces the Certificate of Origin with a certification. In this regard, the USMCA will more closely resemble other free trade agreements, such as the Korean and Australian, which also utilize a certification.

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solving trade problems usmca

Solving Trade Problems Under the New 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.

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force majeure provisions

Time to Revisit How We Define “Act of War” in 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]

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covid 19 regulatory changes

COVID-19 Regulatory Changes Impacting Importers and Exporters

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.

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force majeure definition covid 19 coronavirus

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

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.

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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.

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china trade

Time to Play Nice With China on 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?”

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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.

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section 301 updates

Section 301 Updates: The Coronavirus

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.

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exporting under usmca

Exporting Under the USMCA. No Problem – Right?

Your company exports to Canada and Mexico. So:

So long as you can produce a Certificate of Origin everything is taken care of
NAFTA and USMCA are import things, so if you are an exporter you have no concerns
The importers in Canada and Mexico are the only ones who have to deal with the requirements

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covid 19 us sanctions export controls.

How COVID-19 is Impacting U.S. Sanctions and Export Controls

Since the emergence of COVID-19 in the U.S. beginning in February of 2020, there is general uncertainty over how the pandemic could affect the regulatory landscape, including regulations relating to U.S. sanctions and export controls. A review of the actions taken to date suggest that little has changed with respect to U.S. economic sanctions.

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section 301 tariff exclusions

Using Section 301 Tariff Exclusions

The window for filing a request for exclusions from the tariffs imposed by the Trump Administration on goods from China closed in late January. However, the process of granting exclusions is unfolding very slowly.

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Forced Labor ULFPA

Forced Labor

WRO and ULFPA detentions are happening much more often with China, Malaysia and Vietnam. The supplier to your supplier is where you may often be unfamiliar with the source of manufacturing and whether forced labor is involved. How to overcome the obstacles regarding importing a product to the U.S. from these countries. Braumiller Law Group can help.

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Shipping Containers Exam

Braumiller Law Group Shipping Containers Exam

There are three main exams customs will conduct to determine whether they will release or confiscate a shipment on hold. One is the x-ray exam or VACIS exam, the second is the tail gate exam or break the seal and enter, and the third is the intensive exam where they empty the container and open all contents. Not passing the exam can be very expensive. Braumiller Consulting Group can help.

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