August 2023 - Braumiller Law Group

Water on Mars

August 23, 2023

Scientists discovered evidence of a large reservoir of water on approximately 13 miles below the Martian surface inside the pores of the planet’s crust. They believe there is enough to cover the entire planet with an ocean about one mile deep. Imagine a populated planet in the future with trade routes navigated by sub-mars-ines towing containers. The discovery is a promising sign that Mars could one day reveal the most sough-after discovery in human history. Life beyond Earth. And subsequently eventual trade beyond earth. We love the science behind Universal Trade Compliance. Braumiller Law Group is your partner in international trade law.

Managed Services and FTZs

August 6, 2023

Bob Brewer, VP Marketing/NBD discusses Managed Services (what they are, how we can assist) and FTZs with VP of Braumiller Consulting Group, Robert Stein. Robert explains the differences between a bonded warehouse and FTZ, and provides a definition for managed services. They discuss the importance of appropriate records retention understanding how different provisions and rulings apply to importers.

DHS Audit of CBP’s Centers of Excellence and Expertise Yields Evidence of Mismanagement

August 4, 2023

By Adrienne Braumiller, Partner & Founder

Uniformity, or rather the lack thereof, in procedures and practices within U.S. Customs and Border Protection’s (CBP) Centers of Excellence and Expertise (Centers) is evidently harming compliant companies within the trade community. The audit report from the Department of Homeland Security’s (DHS) Office of Inspector General (OIG) in March 2022 poignantly revealed significant weaknesses in CBP’s operational processes and internal controls and has left the trade community justifiably concerned, particularly companies committed to paying their duties in full.

Taiwan – U.S. 21st Century Trade Initiative, More Than Just a Trade Agreement. A Statement to Beijing Perhaps

August 4, 2023

By Bob Brewer, Braumiller Law Group

A little over a year ago on June 1, 2022, the United States and Taiwan launched the United States-Taiwan Initiative on 21st-Century Trade to deepen their economic ties and trade relationship, and advance mutual trade priorities based on shared values, promoting innovation, and economic growth for workers and businesses. About 2 months ago the agreement was made official.

CAFC Refuses to Reverse CIT Decision on Reliquidation Order, Target, Home Products Litigation

August 4, 2023

By Jennifer Horvath, Partner at Braumiller Law Group

This article examines Target Corporation v. United States, Slip Op. 23-106 (Ct Int’l Trade July 20, 2023), a recent ruling by the Court of International Trade (CIT) and its implications on liquidation matters. The court granted the government’s request to dismiss Target’s case, which aimed to invalidate a CIT order instructing Customs and Border Protection (CBP) to reliquidate Target’s metal-top iron tables at a higher dumping rate.

Requirements for Bottling/Packing Tequila in the United States

August 4, 2023

Brenda Cordova, Mexico Attorney, Braumiller Law Group

The United States Mexico Agreement (USMCA – the free trade agreement signed between Mexico, the United States and Canada) promotes and protects the trading of tequila between these 3 countries as it acknowledges it is a distinctive product of Mexico. Accordingly, Canada and the United States shall not permit the sale of any product as Tequila unless it has been manufactured in Mexico in accordance with the laws and regulations of Mexico governing the manufacture of Tequila.

Customs Brokers: Giving Credit to Accreditors

August 4, 2023

By Bruce Leeds, Senior Counsel, Braumiller Law Group

U.S. Customs & Border Protection (CBP) published the Final Rule on continuing education for individual customs broker license holders in the Federal Register on June 23, 2023. This Final Rule made several changes to Part 111 of the Customs Regulations and imposed a continuing education requirement on individual license holders.
A good part of the background discussion in the Final Rule involved where to get the required educational hours and who is to provide them.

Voluntary Self-Disclosures of Export Violations:Understanding the Consequences

August 4, 2023

By: Harold Jackson, Associate Attorney, Braumiller Law Group

The realm of international trade and commerce operates under a complicated system of export control regimes that are designed to protect national security, curb the proliferation of sensitive technologies, and ensure strict adherence to economic and trade sanctions. In the United States, violating these export controls can result in severe penalties and legal repercussions for companies involved in export activities. This article delves into the significance of voluntary self-disclosures when a company becomes aware of export control law violations.

Is Trade Compliance Even Manageable?

August 4, 2023

By Gavin Andersen, Braumiller Law Group

Whether you are creating a new in-house trade compliance function or evaluating an established one, there is no getting around the perpetual question: Where should Trade Compliance report? The answer depends on the business. Operational realities, departmental needs, available staff, budgets, and other limitations unique to your company can practically make the choice for you.

Compliance Issues in Government “Buy America” Solicitations

August 4, 2023

By: James R. Holbein, Of Counsel and Harold Jackson, Associate Attorney, Braumiller Law Group

This article discusses compliance “Buy America” provisions in federal procurement laws and how the Federal Acquisition Regulations (FAR) implement some of those commitments in government contracts. It also outlines the application of the Trade Agreements Act to many large solicitations and how that can impact compliance of goods, services and construction.

International Trade Build America Buy America (BABA) with Kerry Wang, Senior Associate at BLG

August 3, 2023

Bob Brewer interview Kerry Wang international trade and the Build American/Buy American Act (BABA) which is bipartisan infrastructure legislation with the key objective of using taxpayer money to build infrastructure using domestic materials. It covers a wide range of infrastructure including public transit, roads, bridges, broadband, and energy. Federal agencies are given broad discretion on what is considered an infrastructure project. The domestic materials requirement can add complications to completing projects.

Once Upon a Time

August 3, 2023

Once upon a time there was a country that found a way to circumvent the import tariffs on steel and aluminum by smelting the metal at home, and then sending the ingots to another country to be finished and then exported into the 3rd country taking full advantage of the free trade agreement in place to which they were not a member. And then U.S. Customs stepped in and slapped a 25% tariff on all steel and aluminum that wasn’t smelted within the free trade agreement countries. The moral of the story: Circumventing Customs regulations is like poking the bear. Reality can really bite.

Brendita Cordova BLG Intern

August 3, 2023

Bob Brewer interviews BLG intern Brendita Cordova. Brendita is a university student in Mexico where she is studying to become a lawyer. Brendita discusses that at the beginning of university studies a student can focus on their long-term career, so with 4-5 years of university study someone can be a lawyer in Mexico. They discuss some of the things Brendita has learned as an intern, including differences between Mexican and American business culture. BLG hopes to have Brendita join her mother their team after graduation to strengthen their Mexico trade practice.

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

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