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.
The month of March has brought a deluge of cancellations of international conferences, travel and severely affected markets around the world, all due to the spread of “COVID-19” – the newest strain of the “Coronavirus” which was first discovered last December in Wuhan, China.
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.
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?”
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.
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.
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
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.
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.
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.
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.
In Part I of our NIST 800-171 series, we discussed various aspects of complying with DFARS 252.2014-7012 (NIST 800-171 compliance), including certifying under systems like EXOSTAR, identifying gaps within your systems (IT, procedural and physical), capturing CUI/CDI data …
On Friday, January 31, 2020, President Trump issued an executive order reiterating the policy of the United States regarding persons who facilitate imports of merchandise in direct violation of Federal laws and calling for the Secretary of Homeland Security to issue a notice of proposed rule-making to establish criteria an importer must meet before obtaining an importer of record (IOR) number.
“When can I get it?” Consumers have an insatiable appetite for speed. Just a few years ago, Dell made the news that you could get a customized laptop in just a few weeks. Now, Amazon sets the pace that you can get almost anything in 2 days, and some items much faster
One of the many improvements from NAFTA in the newly-ratified United States Mexico Canada Agreement (“USMCA”), is the added ability of your business to directly engage in an ongoing dialogue with a permanently established USMCA committee, whose express purpose is to work with businesses in order to clarify terms of control of the USMCA as well as improve the implementation of this brand new tripartite trade agreement.
I’m sure by now, you’ve read, or at least heard of, the Airbus SE multi-billion dollar settlement with U.S., French and UK authorities, for FCPA and Export violations—the largest penalty that I can recall in my 30+ years in international trade! Although, I’ve had extensive experience in anti-bribery and anti-corruption (ABAC) matters…
President Trump signed the Phase 1 Agreement with China on January 15, 2020. As part of the agreement, China has pledged to purchase $200 billion worth of goods and services over the next two years – this would be a 50% increase from the current levels. The $200 billion worth of goods and services is broken down into four main categories over 2020 and 2021…
The African Continental Free Trade Area (AfCFTA) is a free trade area, outlined in the African Continental Free Trade Agreement among 54 of the 55 African Union nations. The free-trade area is the largest in the world in terms of participating countries since the formation of the World Trade Organization. Nigeria and Benin were the hold outs until July of 2019.
Determining the correct classification of goods is arguably paramount to any good trade compliance program. However, many companies misclassify their goods at an astonishing rate. While this may be good for business for trade compliance consultants like myself, it isn’t good when it comes time for our client’s Customs audits.
S. Department of Homeland Security (DHS) data shows that between the years 2000 and 2018, seizures of counterfeit goods at U.S. borders have increased 10-fold, from 3,244 seizures per year to 33,810. In response to this surge, in April of last year, the Trump Administration published its Memorandum on Combating Trafficking in Counterfeit and Pirated Goods…
Although 2020 is not over yet (unfortunately), the Bureau of Industry and Security (“BIS”) has had a busy year by any measure.
By Bob Brewer, Braumiller Law Group It doesn’t seem that long ago, but it was, (October of 2018) that I wrote an article called “What’s
In the chaos of a pandemic, “the show must go on”, and indeed, the regulators in Washington D.C. did just that—in the form of far reaching and noteworthy changes in re-export restrictions to China and companies like Huawei.
On November 15, 2020, leaders of fifteen Asia-Pacific countries signed the Regional Comprehensive Economic Partnership (RCEP) via a virtual signing ceremony.
In a Federal Register Advance Notice of Proposed Rulemaking, dated Oct. 28, 2020, U.S. Customs & Border Protection (CBP) proposed a program for continuing education for licensed individual customs brokers.
On September 10, 2020, HMTX Industries and related companies, Halstead and Metroflor, filed a lawsuit in the Court of International Trade (“CIT”) alleging that the U.S. Trade Representative (“USTR”) exceeded its authority when it issued tariffs under Section 301 of the Trade Act of 1974 (“Trade Act”).
On April 6, 2017, Mexico published in the Mexican Official Gazette an enactment decree to amend the Marrakech Agreement that created the World Trade Organization (WTO). This amendment consisted of the incorporation of the Agreement on Trade Facilitation (ATF) set out in Annex 1A to the WTO Agreement.
On September 11, 2020, the U.S. Department of Commerce International Trade Administration published a final rule modifying its regulations pertaining to the Steel Import Monitoring and Analysis (SIMA) System.
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:
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.
