News Articles

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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china

China and Walmart, Please, for the Love of ____, Let’s Observe a Silver Lining Partnership in an Otherwise Dismal Global Landscape

At a glance, gauging where we stand in our relationship with China overall, one would assume the key operative word in most descriptions would be “dismal” at best. This is of course accurate to a certain extent but looking at trade and commerce between the two countries, let’s take a look at the largest retailer in the U.S. as Walmart gives us a prime example of where we stand regarding unity as nations.

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Mexico judicial

The Reform to the Mexico Judicial System

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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de minimis

What’s Going on With Section 321 De Minimis Entries?

Not only are shipments under $800 exempt from duty but they are also exempt from Section 301 duties on Chinese products, Consumer Product Safety Commission requirements, import quotas and other requirements. Although they are supposed to be subject to Antidumping and Countervailing duty and Food & Drug Administration requirements, many low value shipments pass through the system without meeting these requirements.

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Open-Source Blockchain

Wyoming’s DUNA Law – A Legal Framework for Non-Profit DAOs and Open-Source Blockchain Networks

Decentralized Autonomous Organizations (DAOs) are a novel form of governance for blockchain-based protocols. Unlike traditional companies or non-profits, DAOs are member-controlled organizations that operate without a central authority or hierarchical management. Instead, DAOS use smart contracts, often on the Ethereum blockchain. DAOs often use governance tokens to enable members to vote on proposals, make collective decisions about the organization’s operations, treasury, and future development.

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port strike

Legal and Other Issues Being Resolved by Port Strike

The union and management teams reached a settlement agreement that was announced on October 4, 2024 to end the port strike. The settlement does not resolve the issues, but extends the master contract to Jan. 15, 2025, to allow the sides to negotiate outstanding issues. A final agreement must be ratified by union members.

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aluminum extrusion

Aluminum Extrusions from 13 Countries – Commerce Makes Affirmative Final AD and CVD Determinations 

On September 27, 2024, Commerce announced its affirmative final determination in the ongoing AD / CVD aluminum extrusions investigation. On the same day Commerce also posted its Final Scope Issues and Decision Memorandum. In both, Commerce almost uniformly deferred to Petitioners in dismissing numerous comments of interested parties primarily challenging the scope of the investigation on a wide range of legal theories and practical considerations.

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customs

New Executive Order Strengthening CBP Enforcement

President Trump signed the new Executive Order “Strengthening Customs Enforcement.” This new order from the administration tackles different administrative priorities related to customs: Customs Reform and Combatting Customs Fraud. The order-related fact sheet goes into detail about how the Executive Order addresses these objectives and how this will affect importers moving forward.

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GENIUS Act

Agencies Request Comments on GENIUS Act Implementation

The GENIUS Act has authorized several regulatory agencies to issue regulations to develop the first comprehensive federal regulatory framework governing payment stablecoins in the United States. The statute directs multiple federal financial regulators to implement a coordinated supervisory structure governing issuance, reserve management, redemption rights, anti-money laundering compliance, custody, and market structure.

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Taiwan

The Taiwan Question – What are investors thinking after Trump’s Beijing summit?

United States President Donald Trump met with President Xi Jinping of the People’s Republic of China at a summit in Beijing in mid-May. The two leaders spoke for about two hours behind closed doors, discussing the trade relationship between the world’s two largest economies, the emergence of artificial intelligence, and energy cooperation. But it was a pointed comment from Xi about Taiwan that hinted at an unresolved issue that may make or break global relations. 

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IEEPA Refunds

What a “Mess”: IEEPA Refunds and the Emerging Wave of Consumer Litigation

When the U.S. Supreme Court invalidated certain tariffs imposed under the International Emergency Economic Powers Act (IEEPA) in Learning Resources, Inc. v. Trump, it did more than reshape trade policy. The decision triggered a complex series of questions regarding tariff refunds, consumer rights, and corporate liability – questions whose effects continue to be felt far beyond the trade community, reaching businesses and households across the US.

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