August 2023 - Braumiller Law Group

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.