News Articles

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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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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American China Flags

Hot Topics In International Trade: Section 301 #002

Brandon French discusses section 301. He reviews China entering the WTO in 2001 and the 2017 USTR investigation that led to tariffs on Chinese imports to the U.S.. Brandon talks about the process of tariff exclusion requests for goods deemed to be only available from China.

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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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