News Articles

Coercion in International Trade

Is Coercion the Best Approach to North American Trade?

The Trump Administration has demonstrated a willingness to apply new tariffs to goods entering the U.S. as a viable tactic under its America First strategy to achieve greater fairness in its dealings with other countries. The application of tariffs is authorized under a number of standard legal procedures, such as trade remedy investigations to mitigate dumping of goods at less than fair value into the U.S. market or eliminating the unfair price advantages of government subsidies, and use of section 301 duties to respond to unfair trade practices by other countries. However, the broad-brush use of tariffs to coerce our trading partners to make concessions in non-trade areas to resolve a domestic crisis is relatively new.

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madman theory

Trade War and the Madman Theory: A Personal Reflection

I can’t help but reflect on a negotiation seminar I took in law school, where we studied the Madman Theory, popularized by Richard Nixon. The theory suggests that acting unpredictably or being willing to take extreme actions can create leverage. If your opponent believes you might “blow it all up,” they may feel forced to make concessions. This strategy clearly echoes Trump’s approach to trade policy.

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external revenue service

The External Revenue Service: A Bureaucratic Overreach or Necessary Reform?

President Donald Trump made headlines when he announced an External Revenue Service (ERS) agency to collect tariff incomes. The announcement sparked a heated debate among trade experts, economists, and business leaders. But, what exactly would be the purpose of the agency? Well, we can take the words spoken from his inauguration address as an answer.

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china's growing influence in latin america

China’s Growing Influence in Latin America: Infrastructure Investments and Implications for the Panama Canal

China has significantly expanded its economic and geopolitical footprint in Latin America, particularly through the acquisition and development of critical infrastructure such as ports, airfields, and railways. This strategic move has raised questions about the long-term implications for regional sovereignty, global trade routes, and the future of the Panama Canal, a linchpin of international maritime commerce.

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Chemical Classification

Chemical Classification, It Matters, Now More Than Ever-To Most

If you have a company that imports chemicals – whether they are used as raw materials or components for onward manufacturing, or finished goods containing chemical components – you have been facing significant challenges over the last half-dozen years. Some of these challenges include the trade wars with China (I’m looking at you, Section 301) and the disruptive impact of COVID-19 to global supply chains. In response to these challenges, you have maybe modified your supply chain to reduce your dependence on Chinese chemical imports.  Or perhaps your supply chain was not largely affected by Section 301 tariffs (if so, consider yourself lucky – and may your luck hold!).

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Customs broker license exam

The U.S. Customs Broker License Exam: Tips and Perspectives

A customs broker license is issued to a person who has successfully passed a grueling licensing exam (after paying the exam fee), submitted a license application (along with another fee), and passed the subsequent FBI background investigation. The open-book exam, which lasts 4½ hours and comprises 80 multiple-choice questions, is ostensibly intended to measure one’s knowledge about various customs-related regulations and practices yet experience or employment in a customs-related job is not a prerequisite.

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Harmonized Tax Schedule

Punctuation in the Harmonized Tariff Schedule of the United States

Punctuation matters. I’ve always remembered a poster on the wall of a co-worker’s office—this was back in the 80s—that showed baby seals dancing at a disco under a four-word caption: STOP CLUBBING, BABY SEALS. The poster (which has become an internet meme forty years later) cleverly showed how something as seemingly minor as a comma can change the meaning of a phrase or sentence. If a comma can flip the meaning of a four-word sentence, is it hard to imagine the effect that punctuation, or lack of punctuation, might have on our interpretation of a law or regulation?

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tariffs

Beyond the Tariff: Proactive Strategies to Mitigate Trade Remedy Impacts

In today’s complex global marketplace, businesses are increasingly confronted with the challenges of supply chain disruptions, rising costs, and fierce competition—all exacerbated by trade remedy tariffs. While many of these tariffs are already in play, President-elect Trump has promised to impose new tariffs and increase old ones.

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Mercosur

Mercosur-EU – A New Potential Powerhouse in Trade Blocs if Ratified

After 25 years of negotiations, the European Union and the Southern Common Market, commonly known as Mercosur, comprised of Brazil, Argentina, Uruguay, and Paraguay, signed a free trade agreement. I think this, among many more regional deals to come was suddenly expedited due to the anticipated land mines with the upcoming Trump 2.0 administration and trade policy regarding tariffs for all.

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tariffs

Tariffs, and the Temptation to Use Them as Geopolitical Leverage

The United States has a long history of using tariffs. The first significant tariff legislation was the Tariff Act of 1789, signed by President George Washington. Tariffs have been used for various purposes over the years, including protecting domestic industries, generating government revenue, and negotiating trade agreements. The use of tariffs however has evolved, with significant changes during different historical periods, such as the high tariffs of the 19th century and the shift towards free trade in the mid-20th century, as well as the current U.S. trade war with China, and possibly soon to be with Mexico and Canada.

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Canada Carney

Goodbye USA – Canadian Prime Minister Mark Carney’s MiddlePowers Playbook is Officially in Play, Part 2

One of my recently published articles covered the World Economic Forum Davos speech by Canadian Prime Minister Mark Carney, where he summoned the middle powers of the earth to unite against the US forces who are demanding that they take a knee and capitulate, per Governor Newsom who was in attendance handing out knee pads. (Really) Well, to say the least, that’s not happening by even the longest stretch of anyone’s imagination.

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CTPAT Investigation

Keeping the Chain Secure: A Deep Dive into the Latest CTPAT Investigation

The global supply chain is the backbone of the U.S. economy, moving millions of tons of cargo daily. To keep things running smoothly and safely, U.S. Customs and Border Protection (CBP) place a significant reliance on the Customs Trade Partnership Against Terrorism (CTPAT). This voluntary program trades “gold star” benefits—like fewer inspections, business resumption priority, and faster border crossings—for a company’s commitment to high-level security.


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Statute of Limitations

CBP Statute of Limitations Waivers – Overview of Issues and Operation

Many trade practitioners that have had experience with a CBP prior disclosure or penalty action have encountered a request by CBP to execute a Statute of Limitations (SOL) waiver. These are usually accompanied by a request for the importer to provide a corporate resolution or the equivalent evidencing the authority of the SOL waiver signatory to sign the waiver on behalf of the importer / company.

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Mexico

Contratos Celebrados por Importadores Mexicanos (Su Relevancia en la Materialidad de las Operaciones Aduaneras y de Comercio Exterior)

El marco jurídico mexicano en materia aduanera y de comercio exterior ha evolucionado hacia un modelo de cumplimiento más estricto y controlado.  Las autoridades ya no solo exigen que los importadores identifiquen cual es la mercancía objeto de la importación, sino también que acrediten bajo que términos y condiciones se realiza la operación de comercio exterior.

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USMCA

USMCA: Negotiation Preparations

The United States-Mexico-Canada Agreement (USMCA) is a trilateral free trade agreement that went into effect on July 1, 2020, as a replacement for its predecessor, the North American Free Trade Agreement (NAFTA). The three involved governments are preparing to initiate the first formal joint review in July 2026 as part of the sixth anniversary of the agreement entering into effect.

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IEEPA

IEEPA Litigation – Should you be Involved?

Hundreds of importers have rushed to file lawsuits challenging tariffs imposed under the International Emergency Economic Powers Act (IEEPA) as they await a Supreme Court ruling on the statute’s overall legality.

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AI

Uncertainty Surrounding the Use of Artificial Intelligence (AI) in Tax and Customs / Foreign Trade Compliance

AI is now deeply embedded in the internet and social media, producing everything from humorous content and realistic simulations to advanced automation. These capabilities have expanded beyond entertainment and productivity, reaching into areas of public administration and government oversight. This raises a critical question: if AI is transforming nearly every sector, how will it reshape tax and customs compliance, and how will it be regulated?

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