News Articles

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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covid 19 regulatory changes

COVID-19 Regulatory Changes Impacting Importers and Exporters

The ongoing COVID-19 crisis has presented unique challenges for the U.S. supply chain, and for the U.S. economy as a whole. Front and center is the shortage of critical medical equipment and personal protective equipment (“PPE”), including ventilators, respirators, masks, gloves, swabs and other related equipment.

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usmca implementation

USMCA Implementation, What’s Next?

The United States-Mexico-Canada Agreement (USMCA) has officially been ratified by all three North American parties, now what? For one thing, the United States, Canada, and Mexico must develop uniform regulations with an effective date prior to, or on June 1, 2020 which is the official implementation date of the USMCA.

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china trade

Time to Play Nice With China on Trade?

I know, I know, some would say, “Are you kidding? They started this pandemic”? Yes, it did start in Wuhan, in China, but finger pointing at this time is not going to help either of us rebound from the economic impact that it has caused both countries.
Living in the current somewhat apocalyptic world, one would be justified in asking the proverbial question, “Why can’t we all just get along?”

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import valuation

Import Valuation

Determining the appropriate value for merchandise that you import can be a tricky task. In general, you need to start by determining the basis of appraisement that is appropriate for your situation. I’ll list them below but note that you should try to use the first one.

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section 301 updates

Section 301 Updates: The Coronavirus

The United States Trade Representative (USTR) has recently opened a comment period to address the ongoing COVID-19 pandemic. The USTR is inviting interested parties to submit a comment explaining whether a product currently covered by the Section 301 tariff action is needed for the medical and public health response against the virus.

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exporting under usmca

Exporting Under the USMCA. No Problem – Right?

Your company exports to Canada and Mexico. So:

So long as you can produce a Certificate of Origin everything is taken care of
NAFTA and USMCA are import things, so if you are an exporter you have no concerns
The importers in Canada and Mexico are the only ones who have to deal with the requirements

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covid 19 us sanctions export controls.

How COVID-19 is Impacting U.S. Sanctions and Export Controls

Since the emergence of COVID-19 in the U.S. beginning in February of 2020, there is general uncertainty over how the pandemic could affect the regulatory landscape, including regulations relating to U.S. sanctions and export controls. A review of the actions taken to date suggest that little has changed with respect to U.S. economic sanctions.

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section 301 tariff exclusions

Using Section 301 Tariff Exclusions

The window for filing a request for exclusions from the tariffs imposed by the Trump Administration on goods from China closed in late January. However, the process of granting exclusions is unfolding very slowly.

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cbp forced labor supply chain

CBP’s Forced Labor Initiative: Will this Affect your Supply Chain?

The U.S. government, including Customs and Border Protection (CBP), has recently put an emphasis on preventing forced labor in global supply chains. For instance, On March 11, 2020, the House Rules Committee introduced a new bill that would create a rebuttable presumption regarding forced labor in Xinjiang, China.

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industry in covid 19

Industry in the Midst of COVID-19

The U.S. aerospace and defense industry is feeling the impact of the COVID-19 pandemic as individuals and companies are trying to adjust to coronavirus recommendations. While U.S. companies remain operational, many have experienced supply chain disruptions leading to concerns that contractual requirements will not be met.

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export controls

Export Controls on Campus A Learning Experience

Colleges and universities – Ivy covered buildings with students and faculty engaged in academic pursuits.

Colleges and universities – Hotbeds of export control concerns. What??

The halls of academia have increasingly become involved with export control issues. There are several ways that universities are potentially affected by export controls, including:

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cit litigation

Section 301 CIT Litigation: Current Status and What’s Next?

As many importers are aware, a lawsuit was brought against the United States arguing that the List 3 and List 4A tariffs violated The Trade Act of 1974, as well as the Administrative Procedure Act (APA). Once the initial lawsuit was filed by HMTX on September 10th, companies rushed to find trade counsel to submit a lawsuit on their behalf.

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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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