News Articles

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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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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Regulation-for-Decentralized-Finance

Approaches to Regulation for Decentralized Finance

Decentralized Finance (DeFi) is a term describing the assortment of different financial applications enabled by blockchain technology and cryptocurrency with the aim to decentralize financial services that are currently intermediated by financial institutions.

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forced labor

Forced Labor in Xinjiang: What you need to know

Human rights violations run rampant within China’s Uyghur Autonomous Region (Xinjiang), targeting ethnic and religious minority groups such as Uyghurs, ethnic Kazakhs, and ethnic Kyrgyz. The PRC government in Xinjiang has unjustly imprisoned more than one million individuals from these minority groups since 2017.

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Part 102 Marking Rules

USMCA Proposed Rule Change – Expanding Part 102 Marking Rules

By Jennifer Horvath, Partner, Braumiller Law Group

U.S. Customs and Border Protection (“CBP” or “Customs”) recently released a proposed rule (FR 86 35422) which would expand the usage of the U.S. – Canada – Mexico Agreement marking rules found in 19 C.F.R. Part 102 (herein after “Part 102”).

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Non-Preferential Origin Rules – Which Do You Prefer?

By: By Adrienne Braumiller, Partner & Founder, Braumiller Law Group

There are two basic sets of country of origin rules that may apply to imports: (1) The preferential origin rules for articles considered “originating” under a free trade agreement; and (2) the non-preferential rules for articles not qualifying under a free trade agreement. 

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trade war china

The U.S. Strike Force on Unfair Trade A Global Perspective, But It’s Really Just About China

By: By Bob Brewer, Braumiller Law Group

In the ongoing tit-for-tat trade war with China and the U.S., new developments are actually old policies, but seem to be resurfacing as the escalation in loss of patience continues to bring about more protectionism. It’s a global implementation, but the United States will target China with a new “strike force” to combat unfair trade practices.

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Digital Trade Finance

Developing Digital Approaches to Trade Finance

By: James R. Holbein, Counsel to Braumiller Law Group PLLC

The digital revolution affecting so much change across the world is coming to international trade processing and logistics.  The transition to all digital documentation and processing from formerly inefficient analog systems is well underway.

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mexico

UK POST BREXIT TRADE STRATEGY: MEXICO

By Joaquin-Pampin-Galan and Brenda Cordova

Five years ago, the United Kingdom (“UK”) decided in a referendum to leave the European Union (“EU”). Negotiations began for the UK to leave the bloc in an environment surrendered by uncertainty for some and optimism for others.

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