News Articles

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 doctorā€™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

CITā€˜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. Whatā€™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. Ā§ 1592 (Penalties for Fraud, Gross Negligence or Negligence) liability, but the jury cannot rule on the amount of civil penalties stemming from Ā§ 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 ā€œcountry of originā€ 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, itā€™s a no-brainer to someone like Jeff Bezos to want to ā€œownā€ 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 ā€œ301 Tariff Hearings and the Value of Testifyingā€ [see link to previously published article on BLG Newsletter]. This article was based upon my experiences as Of Counsel to Braumiller Law Group, PLLC (ā€œBraumillerā€) in working closely with their attorneys to organize, format, draft, and testify…

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Tariffs and wally world Walmart

Tariffs and Walmartā€¦. Whatā€™s Going on in Wally World?

A few weeks ago, Walmartā€™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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immex maquiladoras mexico

Navigating IMMEX/maquiladoras in Mexico

In November of 2006, the Mexican government abolished the Maquiladora and PITEX Programs and created the IMMEX Program. IMMEX stands for Industrial Manufacturera Maquiladora y de Servicios de Exportacion (literarily translated into English as Manufacturing Maquiladora and Export Services Industry).

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US and Canada Investment in Mexico

Legal Framework Governing Foreign Direct Investment from the United States and Canada in Mexico

A large number of companies considering relocating their business abroad have turned their eyes to Mexico, which has become an attractive place for investors to relocate their business, mainly because it is close to the United States and Canada (nearshoring), the labor costs are relatively low, the availability of IMMEX (maquiladora) program, and because there is a preferential treatment to originating goods and foreign investments from the United States and Canada that are protected under the USMCA, among other factors.

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Prior-disclosure

Should You File a Prior Disclosure in 2023?

2023 is more than a brand-new year ā€“ it is an opportunity for your company to prioritize supply chain and customs compliance. For some companies, this means filing a prior disclosure with U.S. Customs and Border Protection (CBP). Companies that are frequent importers are seriously considering disclosing entry violations under the condition that Customs will not issue civil penalties against them.

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The U.S. and China are in a trade war

Doing Business with China Continues to Get More Difficult for U.S. Companies

The year 2022 saw a substantial increase in export restrictions applicable to China. The U.S. and China are not only in a trade war but there is also an effort by the U.S. to (1) prevent development of supercomputers, semiconductors and related products and technologies, and (2) prevent use of forced labor ā€“ especially involving the Uyghur minority in the Xinjiang region.

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China and India trade with Russia at record levels

China and India, A Year Later, Post Invasion, Still Walking the Tightrope With the U.S. as They Continue to Set Records in Trade with Russia

Chinaā€™s trade with Russia hit a record $190 billion U.S. in 2022, key operative word ā€œrecord.ā€ China is setting a course to become Russiaā€™s top trade partner and prove to the world just what the ā€œno limitsā€ partnership can produce. An additional ā€œmaybe some limitsā€ friend to Russia among the worldā€™s larger economies is India.

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Exporting to Mexico legal requirements

Exporting to Mexico

If you are relocating to Mexico, or you are a producer, distributor, seller, etc., and the recipient of your goods is in Mexico because your client, final consumer, manufacturer, distributor, service provider, etc. is there, then, it is more than likely that you will be the exporter or the party responsible for reviewing and preparing some or all of the records needed to ship the goods to Mexico.

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