News Articles

environmental protection

The Future of Environmental Protection Laws and Trade Agreements

Victoria Holmes October 8, 2024

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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usmca joint review

USMCA Joint Review Process Part 1

Adrienne Braumiller August 21, 2024

This is the first 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. Part three offers a critique of the worker-centered trade policy developed under the Biden administration, presents an alternative, and suggests new avenues for multi-stakeholder participation that Harris’s approach might create.

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arctic region

Coming Soon: A New Polar Icebreaker Competition in the Arctic Region for Trade Route Supremacy

Bob Brewer August 21, 2024

The US, Canada, and Finland are launching a joint partnership to build more ice-breaking ships to compete with China and Russia in Arctic. Sad but true, here we go again. Whether it’s the South China sea, or even the moon, there will be territorial disputes to challenge ownership where no ownership should actually exist. The pact aims to produce a fleet of ice-breaking ships to display a posture of power in the polar regions and enforce international norms and treaties.

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a head scratcher

A Head Scratcher

Bruce Leeds August 21, 2024

A product has a country of origin of China, is not subject to China 301 duties and is eligible for USMCA benefits when imported from Canada – Whaaat!?

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Commercial International Trade Contracts

Using a Contract Review Checklist for Commercial International Trade Contracts

James Holbein August 21, 2024

In the complex world of commercial international trade, contracts serve as the foundation for successful transactions. A well-prepared contract review checklist provides a basis for lawyers to ensure that all necessary terms and conditions are covered, protecting all parties involved. This article outlines the essential components of a contract review checklist related to goods in international trade. The goal is to provide a structured approach to reviewing and drafting contracts, beyond the basics of INCOTERMS.

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brics

BRICS – Shaping the Future of Global Finance and Investment

Victoria Holmes August 21, 2024

Imagine a world where five powerhouse nations are redefining the global economic landscape. BRICS—an acronym for Brazil, Russia, India, China, and South Africa—is not just a coalition of emerging markets; it is a formidable alliance shaping the future of global finance and investment. You can read about the coalition’s attempt to unseat the US dollar in our previous newsletter.

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texas

The Trade Powerhouse: Analyzing Texas’ Role in Global and National Trade

Victoria Holmes August 21, 2024

Texas isn’t just celebrated for its breathtaking landscapes and rich history—it’s a dynamic powerhouse in international and interstate trade. As the second-largest state in the U.S., Texas capitalizes on its strategic location, diverse economy, and vast infrastructure to fuel an extraordinary flow of goods and services. If Texas was a country, it would be ranked as the eighth- largest economy in the world, ahead of both Canada and Russia.

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steel and aluminum

New Presidential Proclamations – Section 232 Duties on Certain Steel and Aluminum Products from Mexico

Paul Fudacz August 12, 2024

On July 10, 2024, the President issued two Presidential Proclamations related to the imposition of Section 232 duties on certain steel and aluminum products from Mexico. The first establishes a “melt and pour” requirement for imports of steel articles that are products of Mexico and will increase the section 232 duty rate for imports of steel articles and derivative steel articles that are products of Mexico that are melted and poured in a country other than Mexico, Canada, or the United States.

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CTPAT security review

Navigating the Hurdles: Challenges of Conducting an Annual CTPAT Security Review

Judy Davis August 9, 2024

The Customs-Trade Partnership Against Terrorism (CTPAT) program can offer a fast thoroughfare for international trade. But navigating the annual security audits that ensure CTPAT compliance can feel like a maze. Don’t worry, we’ve got you covered! Let’s explore some common hurdles faced during CTPAT security audits, along with practical tips to simplify the process.

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judicial deference

Judicial Deference in Customs Litigation

Mike Smiszek August 9, 2024

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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customs

New Executive Order Strengthening CBP Enforcement

Vicky Wu June 9, 2026

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

James Holbein June 9, 2026

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?

Victoria Holmes June 9, 2026

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

Eiyack-Cacho Ayala June 9, 2026

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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