Tariffs, and the Temptation to Use Them as Geopolitical Leverage

tariffs

The United States has a long history of using tariffs. The first significant tariff legislation was the Tariff Act of 1789, signed by President George Washington. Tariffs have been used for various purposes over the years, including protecting domestic industries, generating government revenue, and negotiating trade agreements. The use of tariffs however has evolved, with significant changes during different historical periods, such as the high tariffs of the 19th century and the shift towards free trade in the mid-20th century, as well as the current U.S. trade war with China, and possibly soon to be with Mexico and Canada.

Presidential Authority to Unilaterally Raise Tariffs

tariffs

This article examines the constitutional authorities and various statutes that reserve tariff authorities for Congress and some legal authorities in which Congress has delegated tariff authorities to the President. The U.S. is a party to numerous multilateral and regional trade agreements that have binding tariff commitments that will be impacted as well.

Tariffs, Trade & Trump

tariffs

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.

Another China Competition Bill: The Future of Section 301 Exclusions

Section 301 Exclusions

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

section 301

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 forefront of international trade relations with China and the United States. As part of the four-year review required under the relevant statute (19 USC § 2417), the United States Trade […]

Exporting to Mexico

Exporting to Mexico legal requirements

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.

A Beginners Guide to Exporting – Resources for Growth

guide to exporting

By: Paul Fudacz, Partner, Braumiller Law Group It is well known going back to the founding of our country that exporting is the most beneficial form of commerce.  One may note that there are tariffs on imports, but no tariffs on exports – our government doesn’t want to hinder a good thing. As a trade compliance […]

Current Relations with China: How Could this Affect Trade?

trade with chinese companies

On December 2nd, the House of Representatives unanimously passed a bill that may ultimately cause Chinese companies to be delisted from the U.S. stock exchange. The purpose of the bill is to allow U.S. accounting regulators to audit Chinese companies that are traded on the U.S. stock exchange.

An Update on Wally World, and Somewhat of a Digression on the Pandemic Landscape

walmart

By Bob Brewer, Braumiller Law Group It doesn’t seem that long ago, but it was, (October of 2018) that I wrote an article called “What’s Going on at Wally World”, based on the Section 301 tariffs being imposed on Chinese imports, and how it was affecting Walmart, who imports about 80% of their products from […]