News Articles

huawei

Which Way with Huawei?

The Bureau of Industry & Security (BIS) of the Department of Commerce announced that it was adding Huawei Technologies Co., Ltd. to the Entity List on May 16, 2019. Not just this Huawei company in China, but also 68 non-US affiliates of Huawei located in 26 countries.

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special 301 duties aircraft

Special 301 Duties on Aircraft – Are They Just Winging It?

In a Federal Register Notice dated April 12, 2019, the Office of the US Trade Representative (USTR) announced the initiation of an investigation into European Union (EU) subsidies of large aircraft. The notice also contained a list of European origin aircraft and other products targeted for potential additional duties.

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false claims act

Department of Justice Issues: Guidance on False Claims Act

On May 6, 2019, the Department of Justice (DOJ) issued guidance explaining how the DOJ awards credit to defendants who cooperate during a False Claims Act investigation. The policy states that the DOJ will consider (1) voluntary disclosure of wrongdoing, (2) cooperation in an ongoing investigation, and (3) taking remedial measures in response to the violation.

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a.i. and classification

A.I. and Classification: Could the Robots Do a Better Job?

Are the robots taking over? Last week, I stopped by McDonalds, placed my order on a computer, pulled out my phone and used an app to make a doctor’s appointment, and then later deposited a check through a different app on my phone. All of these jobs that used to be performed by humans are now being taken over by technology.

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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.

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section 301 importing

Section 301 Considerations When Importing from a NAFTA Country

With the advent of the Section 301 tariffs, an issue that has been raised frequently is how to accurately determine the country of origin for Section 301 tariff purposes for goods imported from a NAFTA country. The NAFTA sets forth rules for determining the “country of origin” of products traded within the NAFTA territory under 19 CFR Section 102.

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russian sanctions

Imposition of Russian Sanctions

One of the more interesting developments in the trade world is the recent addition of Russian businesses and individuals to the Specially Designated Nationals List (SDN List) by the U.S., Canada, and EU. On March 15th, the U.S. Treasury Department announced that the Office of Foreign Asset Controls (OFAC) added six individuals…

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amazon import china

Amazon, A-Z Direct from China

When you look at the breakdown in manufacturing and retail, and what percent of that comes into the U.S. from China, it’s a no-brainer to someone like Jeff Bezos to want to “own” the entire logistics operation of getting product direct from China into an Amazon warehouse, and to your doorstep.

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tariff hearings

301 Tariff Hearings and the Value of Effective Testimony

In August of 2018, I published an article entitled “301 Tariff Hearings and the Value of Testifying” [see link to previously published article on BLG Newsletter]. This article was based upon my experiences as Of Counsel to Braumiller Law Group, PLLC (“Braumiller”) in working closely with their attorneys to organize, format, draft, and testify…

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Tariffs and wally world Walmart

Tariffs and Walmart…. What’s Going on in Wally World?

A few weeks ago, Walmart’s top brass in Bentonville Arkansas kindly asked the Trump administration to scale back on its plan to put tariffs on Christmas lights, shampoo, dog food, luggage, mattresses, handbags, backpacks, vacuum cleaners, bicycles, cooking grills, cable cords and air conditioners.

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new nafta

New NAFTA: Who ‘dis?

NAFTA is out. USMCA is in. Just before the September 30 deadline to submit the full text of the new US-MX trade pact to Congress, Canada was able to agree to updated terms and sign on to the deal, narrowly preserving the tri-lateral trade agreement that will replace the North American Free Trade Agreement.

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nafta 2.0 fraud

Does NAFTA 2.0 Modernization Mean More Opportunity for Fraud?

Many new technologies have erupted in the last 24 years, so sure, NAFTA was due for an update. Ecommerce has certainly also sparked the need for a facelift. But modernized provisions for certification of origin (which is how countries determine which shipments qualify for duty-free status) may lead to…

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Chinas-dual-circulation

China’s Dual Circulation Policy

Almost two years now into the global pandemic and the world’s two most powerful economies are having to take a hard long look at their supply chain shortcomings, as well as becoming economically self-sufficient to a great extent. During the pandemic it became painfully obvious that the U.S. has become far too dependent on China for imports of many essential needs.

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incoterms

Incoterms – Two Years Later

In September 2019, the International Chamber of Commerce released Incoterms 2020, heralded as a groundbreaking version of Incoterms that would bring great change to the supply chain community. Two years later, we look back on the changes that occurred and how they have affected us.

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CBP-Continuing-education

Continuing the Proposal for Customs Broker Continuing Education

On Oct. 28, 2020, U.S. Customs and Border Protection (CBP) published an Advance Notice of Proposed Rulemaking on continuing education for individually licensed customs brokers. After receiving comments and feedback from the trade, CBP published a Notice of Proposed Rulemaking (NPRM) on this proposal on Sept. 10, 2021.

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CBP-Operation-update

CBP August 2021 Operational Update

U.S. Customs and Border Protection (“CBP” or “Customs”) recently released its August 2021 operational statistics. These statistics are important for CBP to review monthly/yearly to better understand and ensure enforcement efforts continue to improve.

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Regulation-for-Decentralized-Finance

Approaches to Regulation for Decentralized Finance

Decentralized Finance (DeFi) is a term describing the assortment of different financial applications enabled by blockchain technology and cryptocurrency with the aim to decentralize financial services that are currently intermediated by financial institutions.

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