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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Section 232 Iron

Section 232 and Iron: What CBP’s New Guidance Means for Your Imports – The Difference Between Steel and Iron Has Never Mattered More

Kerry Wang April 1, 2026

We are operating in one of the most volatile trade environments in recent memory. Tariff policy is shifting faster than most compliance programs can absorb. In that context, CBP’s March 15 guidance on Section 232 content value is not just a technical update. It brings meaningful clarity and importers who move quickly may find real money on the table.

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301 Tariffs

Section 301 Tariffs: A New Phase in U.S. Trade Policy

Adrienne Braumiller April 1, 2026

The resurgence of Section 301 tariff investigations marks a pivotal shift in U.S. trade policy. Following the Supreme Court’s invalidation of tariffs imposed under the International Emergency Economic Powers Act (IEEPA), the Office of the U.S. Trade Representative (USTR) has turned to Section 301 of the Trade Act of 1974 as a more durable legal pathway to reimpose and potentially expand tariff measures.

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AI Legislation

AI Legislative Framework Proposed by the White House

James Holbein March 31, 2026

On March 20, 2026, the Trump Administration announced that it, “is committed to winning the AI race to usher in a new era of human flourishing, economic competitiveness, and national security for the American people.“ The White House issued a new comprehensive national legislative framework that addresses six key objectives.

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IEEPA

Supreme Court Clarifies Separation of Powers in IEEPA Tariffs Decision

James Holbein March 31, 2026

In the final analysis, this case stands as one of the most important separation of powers decisions in the economic domain in U.S. history. It clarifies that tariffs are a form of taxation reserved to Congress, embeds the major questions doctrine in trade law, and reasserts the structural boundary between legislative and executive authority.

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Canada Carney

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

Bob Brewer March 20, 2026

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

Judy Davis March 20, 2026

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

Paul Fudacz March 13, 2026

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)

BCG February 25, 2026

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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