International Trade Compliance News Articles

News Articles

Russian Sanction Updates and Reporting Requirements: What are your Responsibilities under OFAC?

Adrienne Braumiller April 12, 2022

In response to the Russian Federations’ (“Russia”) invasion of Ukraine, the U.S. Government has recently announced expansive economic sanctions against Russia and its economy. The U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”) imposed sanctions against multiple parties in Russia to deplete Russian resources for purposes of ending the war.

Critical Updates from the U.S. Trade Representative – The U.S.-China Trade Relationship

Adrienne Braumiller April 10, 2022

Since taking office as the U.S. Trade Representative (“USTR”), Katherine Tai has prioritized trade policies focused on protecting American workers’ rights and promoting sustainable environmental practices through trade agreements.

Incursion and World Trade, Part 2: How to Commit Economic Suicide for Your Country in the Year 2022

Bob Brewer April 10, 2022

From my perspective, as well as what seems to be many others in the west and around the globe, the incredibly long table that Vladimir Putin sits behind separating himself from his minions, as well as other country’s visiting diplomats, whom he is ignoring, has gotten a lot longer, and it’s not a covid related stretch

Antiboycott Compliance for U.S. Companies

Mike Smiszek April 10, 2022

A boycott is the organized and intentional refusal to engage in activity, whether directly or indirectly, with an identifiable specific group of persons in order to achieve a discriminatory policy objective based upon national origin, religion, ethnicity, race, gender, or other group characteristic.

BIS and OEE Set New Guidelines on Export Enforcement – There’s a New Sheriff in Town

Linnea Deeds April 10, 2022

In a recent fireside chat hosted by the Silverado Policy Accelerator, Mr. Axelrod, shared many insights into the direction of Bureau of Industry and Security (BIS) priorities and what the trade may expect from the Office of Export Enforcement (OEE) in the coming year.

IMMEX – More of What You Need to Know

Brenda Cordova April 10, 2022

IMMEX is an acronym that in Spanish stands for Industria Manufacturera, Maquiladora y de Servicios de Exportacion (Manufacturing, Maquiladora and Export Services Industry). It is a program from the Mexican federal government focused on promoting foreign investment, exports, creation of jobs, development of technology, etc.

Cautions When Marking and Labeling Goods for Export from the United States

Paul Fudacz April 10, 2022

Many importers are familiar with marking and labeling requirements for products imported into, and sold in the U.S. These include mandatory requirements such as U.S. Customs country of origin marking and labeling requirements, Federal Communications Commission labeling for certain electronic equipment, specific labeling for certain consumer products under the Federal Trade Commission and Consumer products Safety Commission, as well as a host of other mandatory marking and labeling requirements of other regulatory agencies for specified products.

Executive Order on Digital Assets a Welcome Start to Responsible Regulation

James Holbein April 10, 2022

By James Holbein, Braumiller Law Group PLLC The President issued an Executive Order on Ensuring Responsible Development of Digital Assets on March 9, 2022. The value

Evolving Legal Issues for NFTs

James Holbein April 10, 2022

By Justin Holbein and James Holbein, Of Counsel, Braumiller Law Group* Introduction to NFTs Throughout 2021 and 2022, Non-fungible tokens (NFTs) have increasingly grown into public

Vietnam Trade, An Overview, Part 2 The Doi Moi Reforms Modernizing Vietnam’s Trade Economy

Cindy Le April 10, 2022

The Doi Moi reforms were officially initiated in Vietnam in 1986 following many years of struggles resulting from the reunification of North Vietnam and South Vietnam in 1975 and had adopted the Soviet Union’s economic style of central planning and self-isolation.

Refunds Available? USTR Announces Reinstated Section 301 Exclusions

Brandon French April 10, 2022

Since the end of 2020, almost all companies were forced to begin paying the Section 301 duties as most available exclusions expired. This was a major hit for companies who were relying on the exclusions, as the additional duties were either 25% (List 1, 2, and 3) or 15% (List 4A).

Tracing Country of Origin – CBP Enforcement Trends Involving Verifying Country of Origin of Imports

Harold Jackson April 10, 2022

Country of origin of imported merchandise is a cornerstone enforcement area for Customs & Border Protection (“CBP” or “Customs”) and is the accurate tracing of the country of origin of goods and materials across multiple countries and is a crucial aspect of maintaining a compliant global supply chain.

The Uyghur Forced Labor Prevention Act & The Future of Forced Labor Enforcement

Adrienne Braumiller February 9, 2022

The Uyghur Forced Labor Prevention Act (“UFLPA”), which takes effect on June 21, 2022, bans the importation of all goods made in the Xinjiang Uyghur Autonomous Region (“XUAR”) in China. President Biden signed this law on December 23, 2021, which unanimously passed both houses of Congress.

Incursion and World Trade, and What Ties Them Together The Benjamins, From a U.S. (individual’s) Perspective

Bob Brewer February 9, 2022

If you wake up each day, grab a cup of coffee, and turn on the world news, or CNN, like I do here in the U.S., one could obviously become a little pessimistic about our future together on this planet. I say, fear not, and look at the bright side.

https://www.braumillerlaw.com/how-to-choose-right-mexican-customs-broker/

How to Choose the Right Mexican Customs Broker?

Brenda Cordova February 9, 2022

Are you importing into Mexico and your customs operation requires the services of a Mexican Customs broker? If the answer is yes, then this information is important for you because errors or violations on your operation, even if committed by the broker or its personnel, might hold you as the responsible party before the eyes of the authority.

Tariff Classification and the U.S. Federal Courts: The Twenty Most Significant Precedents

Mike Smiszek February 9, 2022

Tariff classification-related court precedents have significantly shaped the way importers, brokers, consultants, lawyers, and Customs and Border Protection (CBP) classify goods today under the Harmonized Tariff Schedule of the United States (HTSUS, or simply HTS).

How Does the ACE Portal Modernization Impact You and Your Business?

Linnea Deeds February 9, 2022

In December, CBP announced a four-phase transition to a Modernized ACE Portal and decommissioning the legacy ACE Portal. We are currently in Phase I and already seeing client impacts.

Understanding the America Competes Act of 2022 – What Upcoming Major Changes to International Trade Law Should You Know About?

Jennifer Horvath February 8, 2022

The House Committee on Science, Space, and Technology recently voted to advance the America Competes Act of 2022 “the Act.” This comes after the Senate passed its version of the bill, the U.S. Innovation and Competition Act, in June of 2021. The focus of the Act is to strengthen America’s scientific and technological activities in the 21st Century, in order to be able to compete with China in these critical fields in the future.

I Just Found Out My Imported Goods are Subject to Antidumping – What Should I do?

Paul Fudacz February 8, 2022

Currently there are close to 400 active antidumping cases involving nearly 40 countries. The cases cover a wide range of products including steel commodity products and steel articles (number one category), chemical products, other metal commodities and articles, plastics and rubber products, food products, paperboard and manufactured articles. Key countries subject to ADD are China (number one country by far), Korea, Indonesia, Taiwan, Thailand, Turkey, and Vietnam.

2022: Prior Disclosure Woes

Megan Mohler February 8, 2022

The year is 2022, and companies are turning over a new leaf, making a concerted effort to become compliant with U.S. Customs laws and practices. Seemingly, there are no downsides to conducting a comprehensive Customs compliance review and submitting a Prior Disclosure under 19 U.S.C. § 1592(c)(4) and 19 C.F.R. § 162.74.

Can the U.S. Mitigate Digital Assets Fraud While Fostering Innovation?

James Holbein December 11, 2022

INTRODUCTION This article will review the options the White House has outlined for regulation and oversight of the digital assets sector, based upon a set

Complying with BIS’s Advanced Computing and Semiconductor Manufacturing Rules – Knowledge, Due Diligence, and Technology Thresholds

Harold Jackson December 11, 2022

U.S. industries supplying Chinese facilities with products, equipment, software, and technology used in semiconductor development and production are subject to regulatory controls under the Export

The FDA is Cracking Down on Supplement Manufacturers

Victoria Holmes December 11, 2022

Enter any of the more health-oriented grocery stores in the U.S., like Whole Foods, and you’ll see aisles upon aisles of supplements —everything from multivitamins

Section 301 Update: Four-Year Review, Exclusions, Litigation, and the Future of China Tariffs

Adrienne Braumiller October 10, 2022

China Tariffs are here to stay – for now. The Biden Administration continues to defend the Trump-era tariffs on goods from China with little guidance as domestic inflation climbs steadily. Meanwhile, 2022 has been a busy year for the Office of the U.S. Trade Representative (“USTR”). The agency was instructed by the Court of International Trade to provide further written justification for the Section 301 Actions for Lists 3 and 4a in the wake of the agency’s obligatory four-year review of each tariff action.

Tuas Megaport in Singapore, An Upcoming Model to the World in Port Operations, and soon to be Light Years Ahead of the Globes Largest Ports

Bob Brewer October 10, 2022

The Maritime Port Authority (MPA in Singapore) is currently in the process of building the Tuas Port, which will be the biggest port in the world with a capacity of 60 million TEU’s (twenty-foot equivalent units) once it is fully completed in 2040. PSA, the company taking the lead in the construction has implemented a four-phase process, with the first phase officially opening this September 2022, with three berths being operational.

Antidumping Duties – Can I Obtain a Separate Lower Rate?

Paul Fudacz October 10, 2022

In Antidumping (AD) investigations, the U.S. Department of Commerce (DOC) typically selects only a limited number of exporting entities for review, with these exporters referred to as “individual” or “named” respondents. Selection of these respondents is based on U.S. Customs and Border Protection Data, and in most cases due to limited DOC resources, will consist of only a few of the largest exporters.

What Have They Done to the ITAR? – Revisions and Reorganization Underway

Bruce Leeds October 10, 2022

Joe Compliance has an export control issue involving definition of some of the terms being used. Joe goes to the website of the Directorate of Defense Trade Controls (pmddtc.state.gov) and clicks on “Review the ITAR.” He opens Part 120 where the definitions are found.

The Semiconductor Industry in México

Brenda Cordova October 10, 2022

According to the science of composition, a semiconductor is a material which, when subject to light, heat or a specific electrical voltage may be transformed into a conductor. Semiconductors are used to produce memory sticks, PC cards, smart cards, microchips, microprocessors, transistors, compact flash, start media, among many other items.

Can, and Should, the U.S. Government Develop a CBDC System?

James Holbein October 10, 2022

In response to the Executive Order on Ensuring Responsible Development of Digital Assets[1] issued on March 9, 2022, both the White House Office of Science and Technology Policy (OSTP) and the Treasury Department (Treasury) have recently issued reports analyzing the possible design and feasibility of creating a U.S. Central Bank Digital Currency (CBDC).[2] The reports make clear that significant technical issues and major policy considerations need to be addressed for the U.S. to develop a CBDC.

Snapshot of Section 301 Litigation – Litigating the Adequacy of the USTR’s Rationale for List 3 and List 4a

Harold Jackson October 10, 2022

The legality of the Section 301 Actions for List 3 ($200 Billion Trade Action) and 4a ($300 Billion Trade Action) continues to be contentiously disputed before the Court of International Trade. The mass action, In re Section 301 Cases, No. 21-00052, encompasses claims of over 6,500 Plaintiffs that argue the Section 301 Duties, enacted under the Trade Act of 1974, are illegal.

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