News Articles

space

Out of This World!  Proposed New Regulations on Space and Spacecraft

On October 23, 2024, the Directorate of Defense Trade Controls published proposed changes to the International Traffic in Arms Regulations (ITAR) affecting exports of spacecraft and launch vehicles and related activities. Subsequently the department extended the comment period from Nov. 22 to Dec. 23, 2024. The Bureau of Industry & Security (BIS) of the Department of Commerce published corresponding proposed changes to the Export Administration Regulations on Oct. 23, 2024.

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tariffs

Presidential Authority to Unilaterally Raise Tariffs

This article examines the constitutional authorities and various statutes that reserve tariff authorities for Congress and some legal authorities in which Congress has delegated tariff authorities to the President. The U.S. is a party to numerous multilateral and regional trade agreements that have binding tariff commitments that will be impacted as well.

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tariffs

Tariffs, Trade & Trump

Historically, trade agreements have focused on reducing barriers to trade—such as tariffs and quotas—while encouraging economic integration and growth. Environmental protection was often considered a separate issue, addressed primarily through national regulations or multilateral environmental agreements like the Paris Agreement. However, recent developments suggest that trade and environmental concerns are converging, with many new trade agreements incorporating specific environmental provisions.

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CDSOA

The Ghost of CDSOA Still Haunts Us

One of the most anticipated decisions of the Supreme Court’s recent term was Loper Bright Enterprises v. Raimondo. While the specific underlying dispute in Loper Bright isn’t relevant to the trade community—did fishermen have to pay for government-mandated observers on their vessels?—the Court used this case to overturn the broadly applicable judicial deference test established in 1984 in Chevron U.S.A. Inc., v. Natural Resources Defense Council.

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Jurisdiction and History of Tariff Classification Litigation in the U.S.

Jurisdiction and History of Tariff Classification Litigation in the U.S.

Several tribunals and courts were established at various periods of America’s history to resolve trade-related litigation, both at the trial and appellate levels, and even the Supreme Court has played a significant role in these disputes. The jurisdiction and structure of these courts evolved as the complexities and volume of trade disputes grew.

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MX Customs

Amendments to the MX Customs General Rules for 2024 and to Annexes 1, 2, 5 and 24  (Reglas Generales de Comercio Exterior para 2024)

On September 15th, 2024, the Mexican Congress published on the Diario Oficial de la Federacion (Mexican Official Gazette) a decree to amend, add, and abolish several provisions of the Mexican Constitution regarding the Judicial Power. This reform, as it is being called, is one of the major changes to the Mexican Judicial System and has been met with heated debates by opponents who fear it will put the balance and separation of power at risk as it will result in a weakened and deteriorated judicial system overpassed by the legislative and executive powers.

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USMCA

Navigating Trade Waters: A Deep Dive into the USMCA Joint Review Process and Its Impact on China and Mexico – Part Two: The Mexico-US Trade Landscape and Harris’s Potential Vision  

This is the second of a three-part series about the USMCA joint review process, focusing on China, Mexico, and competing visions of a “worker-centered” trade policy. Part one introduces the USMCA joint review process and explores how US trade policy would likely operate during Trump’s second term. Part two outlines some of the major trade issues that will be on the table during joint review, focusing on the Mexico-US relationship, and anticipates Harris’s likely approach to trade policy.

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US and Canada Investment in Mexico

Legal Framework Governing Foreign Direct Investment from the United States and Canada in Mexico

A large number of companies considering relocating their business abroad have turned their eyes to Mexico, which has become an attractive place for investors to relocate their business, mainly because it is close to the United States and Canada (nearshoring), the labor costs are relatively low, the availability of IMMEX (maquiladora) program, and because there is a preferential treatment to originating goods and foreign investments from the United States and Canada that are protected under the USMCA, among other factors.

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Prior-disclosure

Should You File a Prior Disclosure in 2023?

2023 is more than a brand-new year – it is an opportunity for your company to prioritize supply chain and customs compliance. For some companies, this means filing a prior disclosure with U.S. Customs and Border Protection (CBP). Companies that are frequent importers are seriously considering disclosing entry violations under the condition that Customs will not issue civil penalties against them.

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The U.S. and China are in a trade war

Doing Business with China Continues to Get More Difficult for U.S. Companies

The year 2022 saw a substantial increase in export restrictions applicable to China. The U.S. and China are not only in a trade war but there is also an effort by the U.S. to (1) prevent development of supercomputers, semiconductors and related products and technologies, and (2) prevent use of forced labor – especially involving the Uyghur minority in the Xinjiang region.

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China and India trade with Russia at record levels

China and India, A Year Later, Post Invasion, Still Walking the Tightrope With the U.S. as They Continue to Set Records in Trade with Russia

China’s trade with Russia hit a record $190 billion U.S. in 2022, key operative word “record.” China is setting a course to become Russia’s top trade partner and prove to the world just what the “no limits” partnership can produce. An additional “maybe some limits” friend to Russia among the world’s larger economies is India.

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Exporting to Mexico legal requirements

Exporting to Mexico

If you are relocating to Mexico, or you are a producer, distributor, seller, etc., and the recipient of your goods is in Mexico because your client, final consumer, manufacturer, distributor, service provider, etc. is there, then, it is more than likely that you will be the exporter or the party responsible for reviewing and preparing some or all of the records needed to ship the goods to Mexico.

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Revisions and updates to the International Traffic in Arms Regulations (ITAR)

Hot (or at least warm) Off the Press: Updates & Revisions to the ITAR

The Directorate of Defense Trade Controls (DDTC) is continuing its project to revise and update the International Traffic in Arms Regulations (ITAR). Some of the changes are editorial and some are substantive. If you are affected by the ITAR or think you might be, you will need to stay on top of the changes because some (or all) may affect you.

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