In the ever-changing world of trade, where predicting the future is a constant challenge, looking back at the past decade offers valuable insights into the evolution of the supply chain and the tools that have developed to contribute to efficiency and security.
On January 16, 2024, the Bureau of Industry and Security (BIS) under Assistant Secretary for Export Enforcement, Matthew Axelrod, disclosed significant enhancements to the process for Voluntary Self-Disclosures (VSDs) related to the Export Administration Regulations (EAR). These adjustments are strategically designed to streamline export control compliance for U.S. governmental bodies, the commercial sector, and academic entities.
Uno de los requisitos más importantes para importar mercancías a México es estar registrado como importador en el registro de importadores mexicanos. Hay 2 tipos de registros para importadores, uno es para importadores generales (Padrón de Importadores) y el otro es para importadores de sectores industriales específicos (Padrón de Importadores de Sectores Específicos) que pueden importar mercancías identificadas por el código arancelario MX (es decir, productos químicos, armas de fuego, puros, calzado, textiles, alcohol, hidrocarburos, siderurgia, automoción, etc.). Generalmente, estos 2 registros son listados con información de personas y entidades autorizadas para importar mercancías a México.
By: Gavin Andersen, Law Clerk, LCB and Adrienne Braumiller, Founding Partner, Braumiller Law Group Last June (2023), in response to a ruling request from Your Special
At the core of the definition, a Parallel import is a non-counterfeit product imported from another country without the permission of the intellectual property owner. They are also goods that are not authorized for importation into the U.S. It’s a global phenomenon, a very grey area, and their presence varies across different parts of the globe.
One of the most important requirements for importing goods into Mexico is to be registered as an importer under the Mexican importer’s registry. There are 2 types of registries for importers, one is for general importers (Padron de Importadores), and the other is for importers of specific industry sectors (Padron the Importadores de Sectores Especificos) which may import goods identified by the MX tariff code (i.e. chemical products, firearms, cigars, footwear, textiles, alcohol, hydrocarbons, steel, automotive, etc.). Generally, these 2 registries are lists with information of individuals and entities authorized to bring goods into Mexico.
Consider this scenario: a client faced the challenge of deferring duty payments while managing a significant volume of imports destined for re-exportation from the U.S. Initially considering duty drawbacks, which proved unsuitable for their specific needs, we turned our attention to bonded warehouses and free trade zones. This scenario is not uncommon in the trade world and highlights a critical decision point for many businesses: choosing between a bonded warehouse and a Foreign Trade Zone (FTZ).
The First Sale Rule applies in circumstances such as the example above. A US company places an order with a middleman in the US. The middleman in turn subcontracts to a foreign supplier. The supplier then ships the product either to the middleman or to the original US company that placed the order, meaning either could be the importer of record. The entered value could be the amount on the original purchase order or the price paid by the middleman to the foreign supplier.
The world of cryptocurrencies on blockchains and the world of traditional assets in markets have often stood in stark contrast to one another since Bitcoin’s creation in 2008. The lack of a reliable bridge between these two worlds has limited the impact of cryptocurrencies on assets in the real-world outside of on-chain speculation and prevented adoption of the benefits that blockchain technologies can bring to real world processes.
President elect Lai Ching-te’s victory in Taipei ignited tensions across the Taiwan strait and now the geopolitical field waits to see if China will kick off World War Three. I’m only slightly joking, but Beijing has exerted diplomatic pressure on nations maintaining close ties with the island in the past and Taiwan’s decision to remain a democracy will no doubt ramp up China’s reunification process in the coming months. But how will that affect trade relations?
In the complex world of international trade compliance, few people possess the expertise, dedication and problem-solving skills that Brad Menard, President of Braumiller Consulting Group, brings to his clients.
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. It’s complicated, so for the purpose of this article, let’s 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 (“post-refusal” and “post-hold” 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 Exportación (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 (“SME”), advanced computing integrated circuits (“IC”), 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 (“OMB”), Made in America Office issued a Final Rule to clarify the Build America, Buy America Act (“BABA”) provisions of the Infrastructure Investment and Jobs Act4 (“IIJA”) and to clarify existing provisions related to domestic preferences. The Final Rule amends Title 2 of the Code of Federal Regulations (“CFR”), 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 “is intended to improve consistency in the implementation of BABA requirements across the Federal Government.”5 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. It’s 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.
Canada has long enjoyed International Traffic in Arms Regulations (ITAR) license exemptions and minimal controls for items subject to the Export Administration Regulations (EAR). What about some of our other friends, such as Australia and United Kingdom? There are ITAR license exemptions for these countries in Parts 126.16 and 126.17 of the ITAR.
The United States Trade Representative (USTR) recently released a list of Section 301 exclusions that would be extended through May 31, 2025. Within the Notice, the USTR explained that extending these exclusions will support efforts to shift sourcing out of China, or provide additional time where, despite efforts to source products from alternative sources, availability of the product outside of China remains limited.
China’s foreign direct investment (FDI) in Mexico has seen substantial growth in recent years, reflecting a strategic alignment with global economic shifts and regional trade dynamics. This trend positions China as one of the fastest-growing sources of foreign investment in Mexico, with the majority of investments flowing into the manufacturing sector.
Digital assets, including blockchain and cryptocurrency protocols and companies, have been in a defensive posture for much of 2022, 2023 and 2024. The collapse of crypto exchange FTX and numerous enforcement actions taken by the Securities Exchange Commission (SEC) and Commodities Futures Trading Commission (CFTC) have forced the sector to retrench and upgrade their abilities to meet the higher standards of securities laws.
Foreign Direct Investment (FDI) is a driving force behind global economic growth and development, acting as a lifeline of funding for nations around the world. Imagine a company from one corner of the globe setting up shop or acquiring a business in another – that’s FDI in action.
中国在墨西哥的外国直接投资 (FDI) 近年来显着增长，这反映了中国与全球经济格局转变和区域贸易动态的战略性协调。这一趋势使中国成为墨西哥增长最快的外国投资来源国之一，其中大部分投资流向制造业。
Scientists have discovered a new planet which they say could potentially support human life. Gliese 12b is a rocky planet just 40 light years away from our own with its size between Venus and Earth. The planet was discovered by an international team, in collaboration with NASA and the European Space Agency using data from NASA’s Transiting Exoplanet Survey Satellite (TESS). Gliese 12b falls into what astronomers call a “goldilocks zone,” with an average temperature of 107 degrees Fahrenheit, which is common in summer in various parts of earth. It makes on ponder…are we not alone? Scientists are also on the verge of discovering how to bend space and travel in quantum leaps with warp speed. Can you say “intergalactic trade”? I know you can, with fond memory of Fred McFeely Rogers, better known as Mister Rogers. We love the science behind global trade compliance which is what we do at BLG.
Your product originated in China and now Customs has detained your shipment at the U.S. port citing the Uyghur Forced Labor Prevention Act as the reason. Keep in mind you are considered guilty until proven innocent which is an uphill climb. Don’t take too long deciding what to do as storage and then demurrage fees could pile up.
In our decades of experience within international trade there is one thing we have yet to encounter: a transshipment via planet of origin Mars and that’s about the only thing we haven’t seen. We love the science behind global trade compliance. Global Trade Compliance is what we do at BLG.
In this Hot Topics podcast, Bob Brewer intenviews Robert Stein, VP Braumiller Consulting on International Trade De Minimis. The full term is de minimus non carat lex which means the law does not concern itself with something so inconsequential. The de minims threshold was raised to $800 to relieve businesses of administrative burden but U.S. customs is looking at how the provision is being misused by exporters, especially China, to get around forced labor and fentanyl.
