A “deemed” export occurs when certain types of information are released to a foreign person. This primer seeks to describe the introductory concepts of deemed export enforcement in the United States.
Rapid growth, which usually indicates a positive stage for companies, comes with potential downsides, as seen in the cautionary tale of Toll Holdings.
In response to the Russian Federations’ (“Russia”) invasion of Ukraine, the U.S. Government has recently announced expansive economic sanctions against Russia and its economy. The U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”) imposed sanctions against multiple parties in Russia to deplete Russian resources for purposes of ending the war.
Since taking office as the U.S. Trade Representative (“USTR”), Katherine Tai has prioritized trade policies focused on protecting American workers’ rights and promoting sustainable environmental practices through trade agreements.
From my perspective, as well as what seems to be many others in the west and around the globe, the incredibly long table that Vladimir Putin sits behind separating himself from his minions, as well as other country’s visiting diplomats, whom he is ignoring, has gotten a lot longer, and it’s not a covid related stretch
A boycott is the organized and intentional refusal to engage in activity, whether directly or indirectly, with an identifiable specific group of persons in order to achieve a discriminatory policy objective based upon national origin, religion, ethnicity, race, gender, or other group characteristic.
In a recent fireside chat hosted by the Silverado Policy Accelerator, Mr. Axelrod, shared many insights into the direction of Bureau of Industry and Security (BIS) priorities and what the trade may expect from the Office of Export Enforcement (OEE) in the coming year.
IMMEX is an acronym that in Spanish stands for Industria Manufacturera, Maquiladora y de Servicios de Exportacion (Manufacturing, Maquiladora and Export Services Industry). It is a program from the Mexican federal government focused on promoting foreign investment, exports, creation of jobs, development of technology, etc.
Many importers are familiar with marking and labeling requirements for products imported into, and sold in the U.S. These include mandatory requirements such as U.S. Customs country of origin marking and labeling requirements, Federal Communications Commission labeling for certain electronic equipment, specific labeling for certain consumer products under the Federal Trade Commission and Consumer products Safety Commission, as well as a host of other mandatory marking and labeling requirements of other regulatory agencies for specified products.
By James Holbein, Braumiller Law Group PLLC The President issued an Executive Order on Ensuring Responsible Development of Digital Assets on March 9, 2022. The value
By Justin Holbein and James Holbein, Of Counsel, Braumiller Law Group* Introduction to NFTs Throughout 2021 and 2022, Non-fungible tokens (NFTs) have increasingly grown into public
The Doi Moi reforms were officially initiated in Vietnam in 1986 following many years of struggles resulting from the reunification of North Vietnam and South Vietnam in 1975 and had adopted the Soviet Union’s economic style of central planning and self-isolation.
Since the end of 2020, almost all companies were forced to begin paying the Section 301 duties as most available exclusions expired. This was a major hit for companies who were relying on the exclusions, as the additional duties were either 25% (List 1, 2, and 3) or 15% (List 4A).
Country of origin of imported merchandise is a cornerstone enforcement area for Customs & Border Protection (“CBP” or “Customs”) and is the accurate tracing of the country of origin of goods and materials across multiple countries and is a crucial aspect of maintaining a compliant global supply chain.
The Uyghur Forced Labor Prevention Act (“UFLPA”), which takes effect on June 21, 2022, bans the importation of all goods made in the Xinjiang Uyghur Autonomous Region (“XUAR”) in China. President Biden signed this law on December 23, 2021, which unanimously passed both houses of Congress.
If you wake up each day, grab a cup of coffee, and turn on the world news, or CNN, like I do here in the U.S., one could obviously become a little pessimistic about our future together on this planet. I say, fear not, and look at the bright side.
Are you importing into Mexico and your customs operation requires the services of a Mexican Customs broker? If the answer is yes, then this information is important for you because errors or violations on your operation, even if committed by the broker or its personnel, might hold you as the responsible party before the eyes of the authority.
Tariff classification-related court precedents have significantly shaped the way importers, brokers, consultants, lawyers, and Customs and Border Protection (CBP) classify goods today under the Harmonized Tariff Schedule of the United States (HTSUS, or simply HTS).
In December, CBP announced a four-phase transition to a Modernized ACE Portal and decommissioning the legacy ACE Portal. We are currently in Phase I and already seeing client impacts.
The House Committee on Science, Space, and Technology recently voted to advance the America Competes Act of 2022 “the Act.” This comes after the Senate passed its version of the bill, the U.S. Innovation and Competition Act, in June of 2021. The focus of the Act is to strengthen America’s scientific and technological activities in the 21st Century, in order to be able to compete with China in these critical fields in the future.
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?
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.
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.
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.
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.
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.
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!
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.
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).
In the complex world of international trade compliance, few people possess the expertise, dedication and problem-solving skills that Brad Menard, President of Braumiller Consulting Group, brings to his clients.
