News Articles

Defense Technology and Security Administration DTSA

U.S. Bill Introduced to Move Export Controls From Commerce to DTSA. Is This a Good Idea?

On October 28, 2022, on the eve of the mid-term elections, a bill was introduced in the House that, unless you are an export control/compliance nerd, most would not have given it any thought. This bill, H.R. 9241, called the “Prioritizing National Security in Export Controls Act of 2022” was introduced by Representative Jim Banks, (R-Indiana) and co-sponsored by Robert Wittman, (R-Virginia), and Gregory Steube, (R-Florida).

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China Tariffs

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

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.

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Tuas port

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

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.

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Antidumping

Antidumping Duties – Can I Obtain a Separate Lower Rate?

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.

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Semiconductor

The Semiconductor Industry in México

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.

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CBDC

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

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.

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Section 301 Actions

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

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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Taiwan

China’s Economic Cost of Invading Taiwan

China and Taiwan have been locked in a tussle for decades over who gets to call the island country home. China considers Taiwan a breakaway province, while Taiwan sees itself as a sovereign nation. The recent increase in tensions between China and Taiwan has many experts worried that Chinese forces may soon attempt to retake the mainland by force, but that won’t happen anytime soon. China would face a prolonged conflict on its doorstep that would worsen its already strained economic conditions.

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cyber related assets

OFAC Reissues Cyber-Related Sanctions Regulations

An inherent aspect of any new technology is that it doesn’t take long for bad actors to figure out how it can be weaponized for nefarious purposes. Cyber-related technologies represent an increasingly dangerous area of risk for everyone, whether they are individual citizens, business and infrastructure entities, or governments. Adversaries of the U.S., including China, Russia, and North Korea have engaged in acts of cyberespionage, often intended not only to cause actual harm, but also to test our ability to counter acts of malicious cyber-intrusion.

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forced labor

Forced Labor Due Diligence – Supply Chain Tracing Requirements to Comply with UFLPA, Withhold Release Orders, and More

We can all agree that goods made from forced labor, indentured labor or child labor should not be introduced into the U.S. market. Indeed, U.S. law prohibits the entry of goods made from forced labor. The Uyghur Forced Labor Prevention Act (“UFLPA”) which went into effect as of June 21, 2022, expands on this prohibition by placing a ban on goods from the Xinjiang Uyghur Autonomous Region (“XUAR”) where ethnic minorities are being exploited or certain specified entities that are involved in using forced labor

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primer forced labor

Primer on Forced Labor Enforcement for U.S. Importers

This Primer provides introductory guidance to complying with U.S. forced labor laws for importers, and includes an introductory overview to forced labor laws, U.S. Customs and Border Protection’s (CBP) authority to enforce forced labor laws, outlines importer requirements under The Uyghur Forced Labor Prevention Act, describes the detention processes for imported goods made with forced labor, lists key recommended compliance actions for adhering to U.S. forced labor laws, and provides helpful resources for complying with U.S. forced labor laws.

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Open General Licenses

DDTC is Open to Open General Licenses

Some may be familiar with Open General Licenses (OGLs) used in the United Kingdom and some other countries. They allow export of dual-use, strategic and other controlled articles to specific destinations under certain conditions.

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Taiwan

Taiwan, Invasion & Trade, Part 2

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?

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usmca

USMCA GURU

Of the 21 FTAs (Free Trade Agreements) that the U.S. currently has in place none is more significant than USMCA (formerly known as NAFTA). The benefits of participation can be substantial. If you need some assistance in qualifying your merchandise, BLG has USMCA Gurus (formerly known as NAFTA Gurus) on campus. Jim Holbein, D.C. counsel for Braumiller Law Group, even helped negotiate the original NAFTA agreement. Our mantra is rooted in success, drawing from decades of experience.

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ai

AI

We would like to go on the record and state that AI will not be replacing any of our attorneys in the near future. Well maybe a few by 2050 as some will be 80 years old by then. Keep in mind they will have learned everything they know from us. So they, for all intents and purposes, are us. Maybe we could all eventually just go on vacation and let our AI’s do all the work. On second thought, they are really still just infants in the machine, ever evolving but still infants. Keep in mind the next time you engage with your favorite AI app for legal advice. BLG will be here if you need us, or possibly at the beach with cell service.

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ftz

FTZs

The U.S. foreign-trade zones program was created by the Foreign-Trade Zones Act of 1934 during President Franklin D. Roosevelt’s administration. It was amended in 1950 under Harry S. Truman’s administration and really came into play with global trade in 1984 under the Reagan administration. Today, there are over 230 foreign-trade zone projects and nearly 400 sub zones in the United States, all within or adjacent to the ports of entry. Every state has at least one port of entry, and there are 314 ports of entry categorized by 19field operations offices which they report to. These FTZs are there to eliminate and/or reduce tariff burdens on the importation of foreign inputs and on exported finished products. The cost savings can be substantial relevant to: duty exemption, duty deferral, duty reduction, invited tariff, merchandise processing fee, streamlined logistics, quota avoidance, and direct delivery. BLG has experts regarding the establishment and administration of FTZs.

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hit a wall

So You Just Hit a Wall

You discovered a wrong classification on product in the supply chain and you must decide whether or not to file a Prior Disclosure. If you go down this road, you’d better keep your friends and employees close and your enemies even closer because there is a nice size cash reward via customs for whistleblowers. If they find out, it’s classified as intentional, and the penalties are now multiplied by 10x the original amount. Why not come clean and use the Prior Disclosure as the mitigation tool that it was meant to be. You’ll sleep better anyway. BLG can help with Prior Disclosure which we file on a regular basis. Global Trade Compliance is what we do.

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CF28

CF-28

Did you get a CF-28 from customs requesting additional information on a shipment? You only have 30 days to respond. Hopefully all necessary documentation will not have been sucked into the proverbial big black hold of missing information. The Importer of Record (IOR) has responsibility. If you case is bumped to a CF-29 mitigation strategies may need to be implemented, not to be confused with a next stop CF-30 which is from the State of California Health and Human Services Agency California Department of Social Services SAR 7 reminder notice. It may behoove you to internally publish best practices as laying the groundwork to be proactive is a much better plan of action via an import manual for all to follow. BLG can create the blue print specific to your business and can also provide customized training.

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Kerry Wang Podcast

Hot Topics in International Trade with Kerry Wang

Hot Topics in International Trade. Bob Brewer, VP of Marketing, Braumiller Law Group sits down with the newest member of the team, Senior Associate Attorney, Kerry Wang. Kerry was born and raised in China, and is licensed to practice law in China as well as CA. She also spent 5 years in medical school in China, got to her residency, and decided to become an international trade attorney instead. (UCLA here in the states) Smart lady!

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Free Trade Agreements

FTA and Benjamins

The U.S. currently has 21 Free Trade Agreements (FTA;s) in place with 21 countries, providing you with the leverage for your exports to compete in the global marketplace through zero or reduced tariffs, among other benefits. Do you know how to qualify? BLG can help you follow the Benjamins, all the way to your bottom line. Global Trade Compliance is what we do.

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aerospace

Aerospace and BCG

Aerospace consistently ranks among the top U.S. export industries (USEI’s) and is governed by very stringent export controls (EC’s) populated by regulations regarding ITAR, EAR, USML, CCL and ultimately the correct ECCN. Our colleagues in the sector know these acronyms well, possibly making you want to consistently TRLV (take really long vacations). At BLG we have decades of experience in this particular sector regarding GTC (Global Trade Compliance).

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