News Articles

vsd policies privacy

Updated VSD Policies: How Could this Affect you?

While the United States Trade Representative is currently inundated with Section 301 exclusion requests, the Department of Justice’s (DOJ) National Security Division’s (NSD) recent update could be encouraging an influx of voluntary self-disclosures (VSDs) to the U.S. export agencies and the DOJ in the near future.

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japan us free trade

Japan-US Free Trade Agreement – Not All it Appears to Be

On Jan. 1, 2020 the Japan-United States Free Trade Agreement went into effect. The agreement provides duty-free, or reduced duty treatment, for certain Japanese imports into the U.S. and certain U.S. exports to Japan. The implementation details were printed in the Federal Register on Dec. 30, 2019 (84 FR 72187).

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emerging technologies

Emerging Technologies Rule-making is Upon Us!

On January 6, 2020, BIS published an interim final rule adding “software specially designed to automate the analysis of geospatial imagery” to the EAR and requiring a license to export and reexport such items to all countries, with the exception of Canada. This rule classifies “software specially designed to automate the analysis of geospatial imagery”

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incoterms 2020

Incoterms 2020 – What to Expect

Incoterms are rules issued by the International Chamber of Commerce that facilitate global trade and are updated every ten years or so in an effort to keep up with the changes that take place in international trade. The current version is Incoterms 2010, but a new version, Incoterms 2020, is expected to be released in the last quarter of 2019 and will take effect on January 1, 2020.

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china immex

China Plus One and the IMMEX

Having heard the proverbial expression of “Not putting all of one’s eggs in one basket” since I was about 7 years old, I can’t imagine laying out a marketing strategy and business expansion plan in this day and age without looking at all options, especially for the manufacturing location.

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chinese retaliatory tariffs

Chinese Retaliatory Tariffs and List 4

In light of President Trump’s decision to increase tariffs on the $200 billion list of Chinese imports, China has decided to raise tariffs on $60 billion worth of U.S. goods. These retaliatory tariffs affect approximately 5,000 products and the total duty ranges from 20-25% depending on the commodity.

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usmca update

USMCA Update – Just when we thought we had a deal…

Many are wondering whether the updated NAFTA is going to make it. By make it, of course, we mean ratification of the agreement so that it may replace NAFTA. More and more, it seems that the “United States-Mexico-Canada Agreement” is a misnomer because the only agreement we are seeing is that there are still kinks to work out.

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huawei

Which Way with Huawei?

The Bureau of Industry & Security (BIS) of the Department of Commerce announced that it was adding Huawei Technologies Co., Ltd. to the Entity List on May 16, 2019. Not just this Huawei company in China, but also 68 non-US affiliates of Huawei located in 26 countries.

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special 301 duties aircraft

Special 301 Duties on Aircraft – Are They Just Winging It?

In a Federal Register Notice dated April 12, 2019, the Office of the US Trade Representative (USTR) announced the initiation of an investigation into European Union (EU) subsidies of large aircraft. The notice also contained a list of European origin aircraft and other products targeted for potential additional duties.

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false claims act

Department of Justice Issues: Guidance on False Claims Act

On May 6, 2019, the Department of Justice (DOJ) issued guidance explaining how the DOJ awards credit to defendants who cooperate during a False Claims Act investigation. The policy states that the DOJ will consider (1) voluntary disclosure of wrongdoing, (2) cooperation in an ongoing investigation, and (3) taking remedial measures in response to the violation.

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a.i. and classification

A.I. and Classification: Could the Robots Do a Better Job?

Are the robots taking over? Last week, I stopped by McDonalds, placed my order on a computer, pulled out my phone and used an app to make a doctor’s appointment, and then later deposited a check through a different app on my phone. All of these jobs that used to be performed by humans are now being taken over by technology.

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cit jury trial

CIT‘s First Jury Trial in 20 Years

The Court of International Trade (CIT) is slated for its first jury trial in 20 years. The case? U.S. v. Univar USA Inc. What’s so special about it? On March 26, 2019, Judge Barnett of the Court of International Trade ruled that a jury can, indeed, rule on the ultimate question of 19 U.S.C. § 1592 (Penalties for Fraud, Gross Negligence or Negligence) liability, but the jury cannot rule on the amount of civil penalties stemming from § 1592 liability.

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section 301 importing

Section 301 Considerations When Importing from a NAFTA Country

With the advent of the Section 301 tariffs, an issue that has been raised frequently is how to accurately determine the country of origin for Section 301 tariff purposes for goods imported from a NAFTA country. The NAFTA sets forth rules for determining the “country of origin” of products traded within the NAFTA territory under 19 CFR Section 102.

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russian sanctions

Imposition of Russian Sanctions

One of the more interesting developments in the trade world is the recent addition of Russian businesses and individuals to the Specially Designated Nationals List (SDN List) by the U.S., Canada, and EU. On March 15th, the U.S. Treasury Department announced that the Office of Foreign Asset Controls (OFAC) added six individuals…

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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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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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