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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okenization Rulebook

The Tokenization Rulebook: Compliance Strategies for the Digital Asset Revolution

James Holbein June 9, 2025

Since Bitcoin’s creation in 2008, cryptocurrencies and traditional assets have largely existed in parallel. In our previous exploration of Real World Assets (RWAs) (Assessing the Benefits and Challenges of Tokenizing Real World Assets, February 7, 2024), we identified how the lack of reliable bridges between on-chain and off-chain ecosystems has constrained the transformative potential of blockchain technology.

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uk deal

The Art of the (UK) Deal

Paul Fudacz June 9, 2025

On May 8, 2025, the United States and United Kingdom (UK) unveiled the new trade terms of an “economic prosperity” deal. This deal comes after President Trump imposed a 10% reciprocal tariff on all products from the UK and additional tariffs on steel and aluminum, and automobiles and automobile parts. While the 10% reciprocal tariff will remain in effect, the two countries were able to agree on alternative arrangements for steel and aluminum, automobiles, and other strategic sectors.

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plan b for tariffs

Trump’s Plan B for Tariffs

Olivia Van Pelt June 9, 2025

On May 28, 2025, the United States’ Court of International Trade (CIT) struck down the President’s use of the International Economic Emergency Powers Act (IEEPA) to impose tariffs. This includes tariffs imposed on Canada, China, and Mexico in response to the fentanyl crisis at U.S.’ borders and reciprocal tariffs imposed on almost all foreign imports on April 2, 2025. The Government immediately appealed the decision to the U.S. Court of Appeals for the Federal Circuit (CAFC).

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CTPAT Trade Storms

CTPAT: An Anchor for Weathering the Trade Storms

Judy Davis June 9, 2025

A few weeks ago, at the Trade and Cargo Security Summit, held in New Orleans, we learned that CBP (Customs and Border Protection) WAS NOT going to discuss the current administration’s policy during the conference. (Cue the dramatic music). Will you feel better if I tell you the groan across the audience was conspicuously audible? No? Well, I tried.

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Protectionism or free trade

Protectionism or Free Trade?

Mike Smiszek June 9, 2025

Many of our basic freedoms are guaranteed by the Constitution. Speech, press, assembly, religion: these are all accepted as sacrosanct rights by reasonable people across the political spectrum. But should we not have the same freedom when it comes to the economy?

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2025 Tariff Wave

Surviving the 2025 Tariff Wave: A Strategic Guide for U.S. Importers

James Holbein April 8, 2025

The first quarter of 2025 has reshaped the U.S. trade landscape with a flurry of executive actions by the Trump administration, introducing a new wave of tariffs on imports from almost all U.S. trading partners. The Trump Administration has also levied broad duties on imports from Canada, Mexico, and China, on the basis of emergency powers of the Executive Branch, citing national security, border control, and illicit drug interdiction.

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US Trade Deficits

All Is Fair in Love and War, But Apparently Not Trade. Closing the Gap on Global Trade Deficits with the U.S. (A monumental task for a variety of reasons)

Bob Brewer April 8, 2025

As a broad stroke of tariffs are now levied against various countries to close the trade deficit gap, without truly examining the reason(s) for the imbalance, there will most likely be automatic retaliatory tariffs in a lose-lose situation. The White House stated that currently 50 countries are on the phone with the President, but that is hard to confirm. US consumers will ultimately pay the price, as well as SME’s.

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trump tariffs

Sheinbaum’s Response to Trump´s Tariffs and the Origin of the Goods

Brenda Cordova April 8, 2025

On April 3, 2025, during the presidential daily morning briefing, Mexico’s President Claudia Sheinbaum responded to the import tariffs announced the day before by President Trump, which targeted several countries. She emphasized that, of all the nations affected by these new duties, Mexico was the least impacted. She attributed this to the strong bilateral relationship between Mexico and the United States. She also reiterated that, since Mexico does not impose tariffs on U.S. goods, it is unfair for the U.S. to impose tariffs on Mexican products.

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