News Articles

section 232

New Section 232 CIT Decision Paves Way for Import Litigation

On July 14, 2020, the U.S. Court of International Trade (CIT) ruled that the doubling of Section 232 duties on imports of Turkish steel after the initial imposition of the original national security duties at 25% is a violation of the Fifth Amendment guarantee of equal protection and due process.

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hour glass tiktok

Is the clock ticking for TikTok? What’s the big deal anyway?

A quick scroll through the social media app TikTok will lead you to “thirst trap” videos, Sheena Melwani playing a beautiful song on her keyboard while her “dad” provides hilarious quips, dogs like Tina the Chi doing crazy chihuahua things, and couples like Thirsty on Main providing relationship advice and looks into their daily lives.

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4T mexican customs regulations

4T – Recent changes to the Mexican Customs Regulations

Have you heard about the Mexican “Fourth Transformation (4T)”? Well, this is how Mexican President Andres Manuel Lopez Obrador (AMLO) wants his term in office to be known as. He says, throughout the course of the history, Mexico has gone through 3 important episodes: 1. Independence, 2. Reform, 3. Revolution, and 4…: the 4T.

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import country origin

What is the Country of Origin?

Determining the country of origin of imported articles has become increasingly important in recent years. There has long been a requirement that imported articles be marked with the name of the country of origin. Country of origin also determines eligibility for special duties or free trade agreements.

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usmca chapter 84

USMCA and Chapter 84, What You Need to Know

The new agreement is similar to NAFTA in many respects, and the commitments that pertain specifically to machinery, equipment and computers in Chapter 84 have not changed very much, with the exception of the rules of origin calculations for motor vehicles and parts, which impacts several categories of goods in Chapter 84.

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usmca chapter 25

USMCA Chapter 25 – Call to Action

The enactment of the “United States Mexico Canada Trade Agreement” (“USMCA”) on July 1st, 2020, heralded the first new tri-lateral trade agreement since the enactment of its predecessor, NAFTA in 1994.

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hong kong import export uncertainty

A Harried Hong Kong Make for Import/Export Uncertainty

On July 14, 2020, President Trump issued an executive order (EO) that stripped Hong Kong of its different and preferential treatment from mainland People’s Republic of China (PRC or China). In accordance with the 1984 Sino-British Joint Declaration, the city of Hong Kong’s sovereignty was handed over to mainland China from the U.K. in 1997, but as an autonomous city with a largely separate legal and economic system from mainland China.

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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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tca Brexit

Brexit: A process, not an event.

On December 24, 2020, the United Kingdom (“UK”) and the European Union (“EU”) concluded the EU-UK Trade and Cooperation Agreement (“TCA”) which came into force on January 1, 2021. While the UK was in the EU, trade between the two blocs was governed by the EU’s Single Market and Customs Union rules

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usmca environmental issues

Recourse for USMCA Environmental Issues

This article seeks to assist potential users of the provisions of the Agreement Between the United States of America, the United Mexican States, and Canada (USMCA) to understand the multiple layers of review required for an issue to wend its way through the environmental review bodies.

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Trade in the New Digital World

By Jim Holbein, Of Counsel, Braumiller Law Group
This article describes how digitization of information and development of new tools and equipment is expanding to improve efficiency, productivity, safety and almost every aspect of the movement of goods.

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Regulatory Freeze Order

The New Administration, Freeze Order and Impacts

With a new administration comes the regulatory freeze announcement and its potential impact on organizations and their strategic planning. Issuing a freeze is so common that the communications almost appear boilerplate. President Biden made interesting changes, however, in comparison to past presidents.

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trade with chinese companies

Current Relations with China: How Could this Affect Trade?

On December 2nd, the House of Representatives unanimously passed a bill that may ultimately cause Chinese companies to be delisted from the U.S. stock exchange. The purpose of the bill is to allow U.S. accounting regulators to audit Chinese companies that are traded on the U.S. stock exchange.

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ustr vietnam trade section 301

China… Vietnam…What’s Next?

Many people are aware of the Section 301 investigation into the unfair trade practices of the People’s Republic of China (PRC). However, a similar investigation has recently been initiated by the United States Trade Representative (USTR) into actions by Vietnam.

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