News Articles

Trade in the New Digital World

By Jim Holbein, Of Counsel, Braumiller Law Group
This article describes how digitization of information and development of new tools and equipment is expanding to improve efficiency, productivity, safety and almost every aspect of the movement of goods.

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Regulatory Freeze Order

The New Administration, Freeze Order and Impacts

With a new administration comes the regulatory freeze announcement and its potential impact on organizations and their strategic planning. Issuing a freeze is so common that the communications almost appear boilerplate. President Biden made interesting changes, however, in comparison to past presidents.

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trade with chinese companies

Current Relations with China: How Could this Affect Trade?

On December 2nd, the House of Representatives unanimously passed a bill that may ultimately cause Chinese companies to be delisted from the U.S. stock exchange. The purpose of the bill is to allow U.S. accounting regulators to audit Chinese companies that are traded on the U.S. stock exchange.

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ustr vietnam trade section 301

China… Vietnam…What’s Next?

Many people are aware of the Section 301 investigation into the unfair trade practices of the People’s Republic of China (PRC). However, a similar investigation has recently been initiated by the United States Trade Representative (USTR) into actions by Vietnam.

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export 2020

Export 2020 – A Year of Change

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.

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file protests

To File or Not to File Protests?

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”).

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mexico agreement

The Mexico Agreement on Trade Facilitation

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.

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export controls

Export Controls on Campus A Learning Experience

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:

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cit litigation

Section 301 CIT Litigation: Current Status and What’s Next?

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.

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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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Prior Disclosure

2022: Prior Disclosure Woes

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.

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Harmonized Tariff

Shiny New Machines – Modifications to Chapter 84 of the Harmonized Tariff Schedule

There are new tariff classifications for machinery under Chapter 84 of the Harmonized Tariff Schedule of the United States (“HTSUS”). The changes to Chapter 84, as well as many other areas of the HTSUS, took effect on January 27, 2022, pursuant to Presidential Proclamation 10326 (December 23, 2021). Many of the changes to Chapter 84 were made to keep up with technological innovations and commercial use.

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vietnam trade

Vietnam Trade, An Overview 2022

Many factors have contributed to reshaping and redefining Vietnam’s growing dynamic economy, which had once been coined by the United States as an underdeveloped country but is aggressively emerging to a developing country status.

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Countervailing Duty

New Importer, Old Baggage Successor Liability for Antidumping & Countervailing Duties

Imagine your company imports from a vendor in Vietnam and sells them at a competitive margin in the U.S. Business is so-so until the Department of Commerce conducts an Antidumping or Countervailing Duty (“AD/CVD”) review that encompasses your company or its foreign vendor and determines the origin of your goods to be China, which causes you to owe backlogged AD/CVD at rates over 100% ad valorem for the past year.

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