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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Global Chaos

Global Chaos and Global Trade – The New World Disorder and the Ensuing Economic Carnage

On any given morning so far in 2026, looking around the globe, one could easily surmise that chaos rules, and the world of trade as result is on fire. The global landscape is filled with trade barriers, tariffs, sanctions, and export controls, from microchips and dairy to lumber, steel and aluminum. We have seen where geopolitical disputes often escalate into trade wars, where countries impose tariffs or targeted restrictions on each other’s goods, but an actual invasion, that’s on a totally different level regarding how it affects trade and global economies.

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usmca

The Upcoming USMCA/CUSMA/T-MEC Review The Options are: A Renegotiation, A Few Revisions, or a Formal Exit

The exit of a country, such as the U.S., from the USMCA, well, that’s just crazy, right? Afterall, it’s a powerhouse of a trade agreement between the three nations. According to the U.S. International Trade Administration, the United States conducts over $1.3 trillion in annual trade with Mexico and Canada under the USMCA framework and supports roughly 17 million jobs across North America.

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IEEPA Refund

Potential IEEPA Refunds Guidance

The legality of the Fentanyl IEEPA tariffs and the Reciprocal IEEPA tariffs is currently pending in the Supreme Court. A decision is expected in January, although it could come sooner, though the Court may not directly address refund mechanics. Instead, it could remand the issue to the Court of International Trade (CIT), which would delay guidance for several months.

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BRICS

BRICS and the Drive Towards De-Dollarization: Has It Stalled?

Could BRICS break the dollar’s grip? The answer is coming into sharper focus, and it’s more complicated than either the optimists or skeptics predicted. Since our previous analysis, BRICS has made concrete moves toward de-dollarization while simultaneously confronting harsh economic and political realities. The gap between ambition and achievement has never been clearer.

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tariffs

Taxing Imports: Tracing the Role of Tariffs in U.S. Economic Policy

In the Chinese zodiac calendar, 2025 is the year of the snake. The snake is said to represent wisdom and strategy. As it occasionally sheds its skin, it is also said to represent a change or an inflection point. Whether American trade policy in the year of the snake exemplifies wisdom and strategy depends on one’s political perspective. Whether it exemplifies a major transformation and inflection point is unquestionable.

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Mexican Customs

New Mexican Customs Law – Nueva Ley Aduanera de Mexico

On November 19, 2025, a Decree amending, adding and repealing various legal provisions of the Mexican Customs law was published in the Diario Oficial de la Federacion (Mexican Official Gazette). This reform will enter into force on January 1, 2026. Although the Customs Law has been amended multiple times in the last 30 years, this reform is widely considered the most significant since December 15, 1995.

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tequila

Developing a Tequila Brand for Export from Mexico

The development of a tequila brand begins with a foundational step: registering a trademark in Mexico, the United States, or any other intended markets. However, trademark protection is only the starting point. Building a tequila brand requires a broader business and regulatory strategy involving multiple teams—Customs and trade, finance, marketing, and legal—to plan for production, cost structures, distribution, sales, and export-related compliance.

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New Value Manifest

New Value Manifest/Manifestacion de Valor – via VUCEM

Beginning December 9, 2025, importers in Mexico will be required to complete and submit the Electronic Value Manifest through VUCEM (Mexico’s Electronic Single Window). This measure increases the importer’s direct participation and responsibility in determining and declaring the correct customs value of imported goods.

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tariffs

Tariffs, Deals, Steel, Aluminum and AI – Oh My!  Welcome to the New Normal

New tariffs, changed tariffs, and reduced tariffs are announced with short notice. The duties on merchandise can change while a shipment is in the middle of the ocean. The status of free trade agreements has become uncertain. New detailed duties are assessed on steel and aluminum and their derivatives. Artificial intelligence is playing an increasing role.

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