News Articles

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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amazon import china

Amazon, A-Z Direct from China

When you look at the breakdown in manufacturing and retail, and what percent of that comes into the U.S. from China, it’s a no-brainer to someone like Jeff Bezos to want to “own” the entire logistics operation of getting product direct from China into an Amazon warehouse, and to your doorstep.

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tariff hearings

301 Tariff Hearings and the Value of Effective Testimony

In August of 2018, I published an article entitled “301 Tariff Hearings and the Value of Testifying” [see link to previously published article on BLG Newsletter]. This article was based upon my experiences as Of Counsel to Braumiller Law Group, PLLC (“Braumiller”) in working closely with their attorneys to organize, format, draft, and testify…

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Tariffs and wally world Walmart

Tariffs and Walmart…. What’s Going on in Wally World?

A few weeks ago, Walmart’s top brass in Bentonville Arkansas kindly asked the Trump administration to scale back on its plan to put tariffs on Christmas lights, shampoo, dog food, luggage, mattresses, handbags, backpacks, vacuum cleaners, bicycles, cooking grills, cable cords and air conditioners.

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new nafta

New NAFTA: Who ‘dis?

NAFTA is out. USMCA is in. Just before the September 30 deadline to submit the full text of the new US-MX trade pact to Congress, Canada was able to agree to updated terms and sign on to the deal, narrowly preserving the tri-lateral trade agreement that will replace the North American Free Trade Agreement.

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nafta 2.0 fraud

Does NAFTA 2.0 Modernization Mean More Opportunity for Fraud?

Many new technologies have erupted in the last 24 years, so sure, NAFTA was due for an update. Ecommerce has certainly also sparked the need for a facelift. But modernized provisions for certification of origin (which is how countries determine which shipments qualify for duty-free status) may lead to…

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immex maquiladoras mexico

Navigating IMMEX/maquiladoras in Mexico

In November of 2006, the Mexican government abolished the Maquiladora and PITEX Programs and created the IMMEX Program. IMMEX stands for Industrial Manufacturera Maquiladora y de Servicios de Exportacion (literarily translated into English as Manufacturing Maquiladora and Export Services Industry).

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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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bad apples

When a Few Bad Apples Create Havoc in the Orchard

To a certain extent, it goes without saying that the pandemic has certainly opened the door for PPE opportunity, and at the same time, obviously, those who would choose to simply try and take advantage of the situation. I’m not talking about price gouging, although that has certainly happened (as always) in abundance.

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preparing for changes to nafta

USMCA –Key Changes to NAFTA and Preparing for Implementation

The United-States-Mexico-Canada Agreement (“USMCA”) is currently slated to take effect beginning on July 1, 2020. A review of the text of the USMCA reveals that USMCA retains many elements of the North American Trade Agreement (“NAFTA”), while displacing others with new or enhanced rules.

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