International Trade Compliance News Articles

News Articles

Another China Competition Bill: The Future of Section 301 Exclusions

Adrienne Braumiller June 6, 2023

The Trade Act of 1974 grants the President broad powers to manage trade relationships with foreign countries. Section 301 of the act allows the President, acting through the United States Trade Representative (“USTR”), to impose retaliatory tariffs on imports from a country if the USTR determines that country’s economic conduct “is unreasonable or discriminatory and burdens or restricts United States commerce.”

Key Legal Developments in 2023 Concerning United States Customs and International Trade

Gavin Andersen June 6, 2023

By Adrienne Braumiller, Founding Partner Harold Jackson, Associate Attorney Gavin Andersen, Braumiller Consulting Trade Advisor Section 301 Tariffs on Chinese goods continues to be at the

Despite Geopolitical Tension…Can Robust Bilateral Trade Exist? Australia and China, a Good Example Perhaps

Bob Brewer June 6, 2023

It’s a little awkward, but in fact, a reality in this day and age that bilateral trade between two countries who view each other as somewhat adversarial, can co-exist economically. As the world turns, so does global trade, take Australia and China for the shining example.

Buy American – Treatment of Preferences in the Federal Acquisition Regulations

James Holbein June 6, 2023

This article provides an overview of federal procurement laws and how the Federal Acquisition Regulations (FAR) implement some of those commitments in government contracts. The FAR, found under 48 C.F.R. Part 25, comprises the list of rules governing procurement of products and materials by federal agencies for public use.

Using CBP’s Enforcement Statistics to Assess Forced Labor Risk in the Supply Chain

Jennifer Horvath June 6, 2023

The U.S. continues to spearhead enforcement against imported goods that were made using forced labor, and public enforcement statistics can help your company assess risks of forced labor.

Driving You MAD – Customs Issues in Mergers Acquisitions & Divestitures

Bruce Leeds June 6, 2023

When one company buys another there are typically two ways the purchased company will be treated: (1) It will be incorporated into the parent company and will no longer exist as a separate entity. (2) It will become a separately incorporated subsidiary of the parent company and retain its IRS number.

Legal Framework Governing Foreign Direct Investment from the United States and Canada in Mexico

Brenda Cordova June 6, 2023

A large number of companies considering relocating their business abroad have turned their eyes to Mexico, which has become an attractive place for investors to relocate their business, mainly because it is close to the United States and Canada (nearshoring), the labor costs are relatively low, the availability of IMMEX (maquiladora) program, and because there is a preferential treatment to originating goods and foreign investments from the United States and Canada that are protected under the USMCA, among other factors.

Should You File a Prior Disclosure in 2023?

Adrienne Braumiller February 6, 2023

2023 is more than a brand-new year – it is an opportunity for your company to prioritize supply chain and customs compliance. For some companies, this means filing a prior disclosure with U.S. Customs and Border Protection (CBP). Companies that are frequent importers are seriously considering disclosing entry violations under the condition that Customs will not issue civil penalties against them.

Doing Business with China Continues to Get More Difficult for U.S. Companies

Adrienne Braumiller February 6, 2023

The year 2022 saw a substantial increase in export restrictions applicable to China. The U.S. and China are not only in a trade war but there is also an effort by the U.S. to (1) prevent development of supercomputers, semiconductors and related products and technologies, and (2) prevent use of forced labor – especially involving the Uyghur minority in the Xinjiang region.

China and India trade with Russia at record levels

China and India, A Year Later, Post Invasion, Still Walking the Tightrope With the U.S. as They Continue to Set Records in Trade with Russia

Bob Brewer February 6, 2023

China’s trade with Russia hit a record $190 billion U.S. in 2022, key operative word “record.” China is setting a course to become Russia’s top trade partner and prove to the world just what the “no limits” partnership can produce. An additional “maybe some limits” friend to Russia among the world’s larger economies is India.

Exporting to Mexico

Brenda Cordova February 6, 2023

If you are relocating to Mexico, or you are a producer, distributor, seller, etc., and the recipient of your goods is in Mexico because your client, final consumer, manufacturer, distributor, service provider, etc. is there, then, it is more than likely that you will be the exporter or the party responsible for reviewing and preparing some or all of the records needed to ship the goods to Mexico.

Revisions and updates to the International Traffic in Arms Regulations (ITAR)

Hot (or at least warm) Off the Press: Updates & Revisions to the ITAR

Bruce Leeds February 6, 2023

The Directorate of Defense Trade Controls (DDTC) is continuing its project to revise and update the International Traffic in Arms Regulations (ITAR). Some of the changes are editorial and some are substantive. If you are affected by the ITAR or think you might be, you will need to stay on top of the changes because some (or all) may affect you.

Regenerative Finance (ReFi) is a growing Web3 field

Regenerative Finance (ReFi): Tokenizing Carbon Offsets and Incentives

James Holbein February 6, 2023

Regenerative Finance (ReFi) is a growing Web3 field that offers an opportunity to rethink how we approach finance, investing, and sustainable economic development. ReFi takes a holistic approach to finance and development, considering the environmental, social, and economic impacts of financial decisions, and aims to create a regenerative economic ecosystem rather than following a primarily extractive approach.

That’s Not ‘Buy America’ Various Origin Requirements in the United States for Importers

Harold Jackson February 6, 2023

You’ve probably heard about the many recent changes to the “Buy America” and procurement rules, starting with Executive Orders in the late 2010’s under then President Trump, several sessions of Congress, and modifications by President Biden. These changes have prompted questions from importers.

New Rules for Customs Brokers – Bringing Your Brokerage into Compliance with the Modernized Part 111

Adrienne Braumiller December 12, 2022

After several years of review by U.S. Customs and Border Protection (“CBP”), the Customs Broker community, and the Commercial Customs Operations Advisory Council, CBP unveiled

Is There Any Hope for Hong Kong to Regain its Special Trade Status with the U.S.? (It’s Officially Hong-China now)

Bob Brewer December 12, 2022

It seems like it was a couple decades ago, but it was only about 5 years that I was last in Hong Kong on business.

The Multi-Purpose Role of the U.S. Harmonized Tariff Schedule

Mike Smiszek December 12, 2022

When goods are imported into the United States, the importer-of-record (IOR) must, with reasonable care, file an entry (CBP Form 3461) and entry summary (CBP Form 7501), or the electronic equivalents, with U.S. Customs and Border Protection (CBP). These documents are the IOR’s preliminary and final declarations about the nature and circumstances of the import transaction, and they tell the story of the transaction through more than forty data elements.

Made in the USA Labeling Rule – What There is to Know About Increased Enforcement Within the Federal Trade Commission

Jennifer Horvath December 12, 2022

The Federal Trade Commission (“FTC”) has recently begun placing more of an emphasis on Made in the USA (“MUSA”) labeling violations. A MUSA violation occurs

Sonora Lithium

Brenda Cordova December 12, 2022

In November 2022, Mexican Foreign Secretary Marcelo Ebrard and U.S. Special Presidential Envoy John Kerry announced at COP27[1] in Sharm el-Sheikh important steps forward to address the

Update: Quartz Surface Products from China – New Certification Requirements for Shipments from Malaysia

Paul Fudacz December 12, 2022

On October 21, 2022, the Department of Commerce, International Trade Administration (The DOC) published its Final Scope Ruling on Malaysian Processed Quartz Slab. The DOC

Chess Match

BCG February 29, 2024

In the world of international trade not all regulations seem to be in black and white as there is some grey area. But if you choose to play a chess match with customs, based on our experience you stand a good chance of self-destructing. Global Trade Compliance is what we do.

CTPAT

BCG February 29, 2024

Customs Trade Partnership Against Terrorism is about building supply chain security and mitigating risk. CTPAT is an ever-evolving security program that was inaugurated by Customs and Border Protection in 2001 under the newly establish Department of Homeland Security. Today is is a multi-layer cargo strategy that works with the trade community to support and strengthen international supply chains. There are at least a dozen benefits to the program including reduced number of CBP examinations, front of the line inspections, shorter wait times at the border, possibility of enjoying additional benefits by being recognized as a trusted trading partner by foreign customs administrations that have signed a Mutual Recognition Agreement with the United States, eligibility for other U.S. government pilot programs such as the FDA’s secure supply chain program, priority consideration at CBP’s industry focused Centers of Excellence and Expertise, the best approach is to have a guide assist int he process of applying for entrance into the program and we just happen to have a CTPAT expert on campus.

Bananas

BCG February 8, 2024

WIth regard to import and export, bananas are botanical berries not fruit. The HTS code for berries is different from that of bananas which is different from the HTS code for edible fruit in general. If you need help with classification BLG can assist.

BIS Unveils Enhanced Voluntary Self Disclosure Protocols

Adrienne Braumiller February 6, 2024

On January 16, 2024, the Bureau of Industry and Security (BIS) under Assistant Secretary for Export Enforcement, Matthew Axelrod, disclosed significant enhancements to the process for Voluntary Self-Disclosures (VSDs) related to the Export Administration Regulations (EAR). These adjustments are strategically designed to streamline export control compliance for U.S. governmental bodies, the commercial sector, and academic entities.

Suspensión del Padron de Importadores

Brenda Cordova February 6, 2024

Uno de los requisitos más importantes para importar mercancías a México es estar registrado como importador en el registro de importadores mexicanos. Hay 2 tipos de registros para importadores, uno es para importadores generales (Padrón de Importadores) y el otro es para importadores de sectores industriales específicos (Padrón de Importadores de Sectores Específicos) que pueden importar mercancías identificadas por el código arancelario MX (es decir, productos químicos, armas de fuego, puros, calzado, textiles, alcohol, hidrocarburos, siderurgia, automoción, etc.). Generalmente, estos 2 registros son listados con información de personas y entidades autorizadas para importar mercancías a México.

Who is the Importer of Record: Security Interests and the Right to Act As IOR

Gavin Andersen February 5, 2024

By: Gavin Andersen, Law Clerk, LCB and Adrienne Braumiller, Founding Partner, Braumiller Law Group Last June (2023), in response to a ruling request from Your Special

Parallel Imports, A Global Phenomenon, And a Very Grey Area Regarding International Trade

Bob Brewer February 5, 2024

At the core of the definition, a Parallel import is a non-counterfeit product imported from another country without the permission of the intellectual property owner. They are also goods that are not authorized for importation into the U.S. It’s a global phenomenon, a very grey area, and their presence varies across different parts of the globe.

Suspension of Mexican Importer Registration (Padron de Importadores)

Brenda Cordova February 5, 2024

One of the most important requirements for importing goods into Mexico is to be registered as an importer under the Mexican importer’s registry. There are 2 types of registries for importers, one is for general importers (Padron de Importadores), and the other is for importers of specific industry sectors (Padron the Importadores de Sectores Especificos) which may import goods identified by the MX tariff code (i.e. chemical products, firearms, cigars, footwear, textiles, alcohol, hydrocarbons, steel, automotive, etc.). Generally, these 2 registries are lists with information of individuals and entities authorized to bring goods into Mexico.

Maximizing Duty Savings Series Leveraging Bonded Warehouse and Foreign Trade Zones

Kerry Wang February 5, 2024

Consider this scenario: a client faced the challenge of deferring duty payments while managing a significant volume of imports destined for re-exportation from the U.S. Initially considering duty drawbacks, which proved unsuitable for their specific needs, we turned our attention to bonded warehouses and free trade zones. This scenario is not uncommon in the trade world and highlights a critical decision point for many businesses: choosing between a bonded warehouse and a Foreign Trade Zone (FTZ).

What is the “First Sale” Rule and How Does it Affect Me?

Bruce Leeds February 5, 2024

The First Sale Rule applies in circumstances such as the example above. A US company places an order with a middleman in the US. The middleman in turn subcontracts to a foreign supplier. The supplier then ships the product either to the middleman or to the original US company that placed the order, meaning either could be the importer of record. The entered value could be the amount on the original purchase order or the price paid by the middleman to the foreign supplier.

News Articles

Recent Articles