October 2022 - Braumiller Law Group

Section 301 Update: Four-Year Review, Exclusions, Litigation, and the Future of China Tariffs

October 2, 2022

By: Adrienne Braumiller, Partner & Founder, Braumiller Law Group

China Tariffs are here to stay – for now. The Biden Administration continues to defend the Trump-era tariffs on goods from China with little guidance as domestic inflation climbs steadily. Meanwhile, 2022 has been a busy year for the Office of the U.S. Trade Representative (“USTR”). The agency was instructed by the Court of International Trade to provide further written justification for the Section 301 Actions for Lists 3 and 4a in the wake of the agency’s obligatory four-year review of each tariff action.

Tuas Megaport in Singapore, An Upcoming Model to the World in Port Operations, and soon to be Light Years Ahead of the Globes Largest Ports

October 2, 2022

By: Bob Brewer, Braumiller Law Group
The Maritime Port Authority (MPA in Singapore) is currently in the process of building the Tuas Port, which will be the biggest port in the world with a capacity of 60 million TEU’s (twenty-foot equivalent units) once it is fully completed in 2040. PSA, the company taking the lead in the construction has implemented a four-phase process, with the first phase officially opening this September 2022, with three berths being operational.

OFAC Reissues Cyber-Related Sanctions Regulations

October 2, 2022

By: Mike Smiszek, Senior Trade Advisor, Braumiller Consulting Group

An inherent aspect of any new technology is that it doesn’t take long for bad actors to figure out how it can be weaponized for nefarious purposes. Cyber-related technologies represent an increasingly dangerous area of risk for everyone, whether they are individual citizens, business and infrastructure entities, or governments. Adversaries of the U.S., including China, Russia, and North Korea have engaged in acts of cyberespionage, often intended not only to cause actual harm, but also to test our ability to counter acts of malicious cyber-intrusion.

What is the CHIPS Act, and Will it Fix the Semiconductor Supply Chain Issues?

October 2, 2022

By: Craig McClure, Senior Trade Advisor, Braumiller Consulting Group

Unless you’ve been living on a lost island in the South Pacific, you are no doubt aware of the shortage of semiconductors. The shortage and supply chain issues have been highlighted in media reports that feature video images of parking lots and fields full of partially assembled automobiles at many U.S. auto manufacturing locations.

Antidumping Duties – Can I Obtain a Separate Lower Rate?

October 2, 2022

By: Paul Fudacz, Partner, Braumiller Law Group
In Antidumping (AD) investigations, the U.S. Department of Commerce (DOC) typically selects only a limited number of exporting entities for review, with these exporters referred to as “individual” or “named” respondents. Selection of these respondents is based on U.S. Customs and Border Protection Data, and in most cases due to limited DOC resources, will consist of only a few of the largest exporters. If the selected respondents cooperate fully with the government investigation, and can demonstrate fair export pricing, they can obtain an individual AD rate that is generally favorable, or possibly de minimis, resulting in a zero rate.

What Have They Done to the ITAR? – Revisions and Reorganization Underway

October 2, 2022

By: Bruce Leeds, Senior Counsel, Braumiller Law Group
Joe Compliance has an export control issue involving definition of some of the terms being used. Joe goes to the website of the Directorate of Defense Trade Controls (pmddtc.state.gov) and clicks on “Review the ITAR.” He opens Part 120 where the definitions are found.

The Semiconductor Industry in México

October 2, 2022

By: Brenda Cordova and Francisco de la Cruz, Of Counsel, Braumiller Law Group

According to the science of composition, a semiconductor is a material which, when subject to light, heat or a specific electrical voltage may be transformed into a conductor. Semiconductors are used to produce memory sticks, PC cards, smart cards, microchips, microprocessors, transistors, compact flash, start media, among many other items.

Can, and Should, the U.S. Government Develop a CBDC System?

October 2, 2022

By: James Holbein, Braumiller Law Group PLLC
In response to the Executive Order on Ensuring Responsible Development of Digital Assets issued on March 9, 2022, both the White House Office of Science and Technology Policy (OSTP) and the Treasury Department (Treasury) have recently issued reports analyzing the possible design and feasibility of creating a U.S. Central Bank Digital Currency (CBDC). The reports make clear that significant technical issues and major policy considerations need to be addressed for the U.S. to develop a CBDC. Both reports look at time frames in years, not weeks or months, for such a system.

Snapshot of Section 301 Litigation – Litigating the Adequacy of the USTR’s Rationale for List 3 and List 4a

October 2, 2022

By: Harold Jackson, Braumiller Law Group Associate
The legality of the Section 301 Actions for List 3 ($200 Billion Trade Action) and 4a ($300 Billion Trade Action) continues to be contentiously disputed before the Court of International Trade. The mass action, In re Section 301 Cases, No. 21-00052, encompasses claims of over 6,500 Plaintiffs that argue the Section 301 Duties, enacted under the Trade Act of 1974, are illegal.

China’s Economic Cost of Invading Taiwan

October 2, 2022

By: Victoria Holmes, Braumiller Law Group
China and Taiwan have been locked in a tussle for decades over who gets to call the island country home. China considers Taiwan a breakaway province, while Taiwan sees itself as a sovereign nation. The recent increase in tensions between China and Taiwan has many experts worried that Chinese forces may soon attempt to retake the mainland by force, but that won’t happen anytime soon. China would face a prolonged conflict on its doorstep that would worsen its already strained economic conditions.

Punctuation in the Harmonized Tariff Schedule of the United States

December 19, 2024

By Mike Smiszek, Senior Trade Advisor, Braumiller Consulting Group

Punctuation matters. I’ve always remembered a poster on the wall of a co-worker’s office—this was back in the

Beyond the Tariff: Proactive Strategies to Mitigate Trade Remedy Impacts

December 11, 2024

By: Adrienne Braumiller, Founder of Braumiller Law Group

In today’s complex global marketplace, businesses are increasingly confronted with the challenges of supply chain disruptions, rising costs, and

Mercosur-EU – A New Potential Powerhouse in Trade Blocs if Ratified

December 11, 2024

By Bob Brewer, Braumiller Law Group

After 25 years of negotiations, the European Union and the Southern Common Market, commonly known as Mercosur, comprised of Brazil, Argentina,

Tariffs, and the Temptation to Use Them as Geopolitical Leverage

December 11, 2024

By Bob Brewer, Braumiller Law Group

The United States has a long history of using tariffs. The first significant tariff legislation was the Tariff Act of 1789,

Trump import duties on goods from Mexico

Mexico’s Response to Trump’s Increase to Import Duties on Goods Coming from Mexico into the United States

December 11, 2024

By: Brenda Cordova, Mexico Attorney, Braumiller Law Group

Recently, US elected President Trump threatened that when he takes office one of his first orders will be a

Out of This World! Proposed New Regulations on Space and Spacecraft

December 11, 2024

By Bruce Leeds, Senior Counsel, Braumiller Law Group

On October 23, 2024, the Directorate of Defense Trade Controls published proposed changes to the International Traffic in Arms

Presidential Authority to Unilaterally Raise Tariffs

December 11, 2024

By: James R. Holbein, Of Counsel

This article examines the constitutional authorities and various statutes that reserve tariff authorities for Congress and some legal authorities in which

The Ghost of CDSOA Still Haunts Us

December 11, 2024

By Mike Smiszek, Senior Trade Advisor, Braumiller Consulting Group

For the better part of a decade, the United States waged an ugly dispute with the WTO over

From Awareness to Action: A Deep Dive into CTPAT Training

December 11, 2024

By: Judy Davis, Senior Trade Advisor, Braumiller Consulting Group
In the global trade universe, where time holds huge importance, weak security practices in your international operations could be detrimental

Tariffs, Trade & Trump

December 11, 2024

By: Victoria Holmes, Braumiller Law Group
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

Customs Fraud Investigations Expected to Increase Under Trump Tariffs

December 11, 2024

By Sarah Wirskye, Wirskye Law Firm, Of Counsel, Braumiller Law Group

President-elect Trump has repeatedly stated that he will increase tariffs. While it is unclear to what

Jurisdiction and History of Tariff Classification Litigation in the U.S.

December 4, 2024

By Mike Smiszek, Senior Trade Advisor, Braumiller Consulting Group

Several tribunals and courts were established at various periods of America’s history to resolve trade-related litigation, both at

Amendments to the MX Customs General Rules for 2024 and to Annexes 1, 2, 5 and 24 (Reglas Generales de Comercio Exterior para 2024)

October 21, 2024

By: Brenda Cordova, Mexico Attorney, Braumiller Law Group

On September 15th, 2024, the Mexican Congress published on the Diario Oficial de la Federacion (Mexican Official Gazette) a

Navigating Trade Waters: A Deep Dive into the USMCA Joint Review Process and Its Impact on China and Mexico – Part Two: The Mexico-US Trade Landscape and Harris’s Potential Vision

October 7, 2024

By: Adrienne Braumiller, Founder of Braumiller Law Group and Gavin Andersen, Senior Trade Advisor, Braumiller Consulting Group and Law Clerk

This is the second of a three-part

China and Walmart, Please, for the Love of ____, Let’s Observe a Silver Lining Partnership in an Otherwise Dismal Global Landscape

October 7, 2024

By Bob Brewer, Braumiller Law Group

At a glance, gauging where we stand in our relationship with China overall, one would assume the key operative word in