November 2023 - Braumiller Law Group

FDI in Mexico

November 23, 2023

Foreign Direct Investment (FDI) in Mexico exceeded U.S. $36 billion in 2023. In just the first six month of 2024, FDI exceeded U.S. $31 billion. Is Mexico on track for $60 bill in FDI in 2024? Nearshoring is a focal point for the new administration. Of those countries investing in Mexico in 2024: United States 44%, Germany 13.5%, Japan 10%, Spain 8%, Canada 6%, Argentina 6%, United Kingdom 3%, Netherlands 2%, Belgium 2%, South Korea 1%. Is the United States a primary market for your product? Contemplating moving manufacturing to Mexico? We have experts at BLG regarding IMMEX via our Mexico Legal Counsel.

Latest Developments with The Uyghur Forced Labor Prevention Act and New Leadership at the Department of Homeland Security Signal Heavier Enforcement is Likely

November 8, 2023

By Adrienne Braumiller, Partner & Founder

In recent years, the global spotlight has illuminated the grave concerns surrounding human rights violations within China’s Xinjiang region, particularly those impacting the Uyghur population. The Uyghur Forced Labor Prevention Act (UFLPA) stands as a pivotal piece of legislation designed to address these concerns and to ensure that products imported into the United States are devoid of forced labor originating from the Xinjiang region.

U.S. Trade, Nearshoring & China
Mexico is Becoming a Popular Manufacturing Destination

November 8, 2023

By Bob Brewer, Braumiller Law Group

The implementation of trade policies in what many consider acts of protectionism and manipulation are the norm, and of course China and the U.S. are a prime example. Solutions include nearshoring, reshoring, and protectionism. It’s complicated, so for the purpose of this article, let’s stick with nearshoring.

Any Comments on FDA’s New Proposed Rule on Prior Notice Regulations?

November 8, 2023

By: Vicky Wu, Partner, and Brandon French, Associate, Braumiller Law Group

On November 1, 2023, FDA issued a proposed rule that would make changes to its prior notice regulations, if the rule is finalized. These changes include requiring the name of the mail service and a mail tracking number to be provided in prior notice for food articles arriving by international mail. In addition, the FDA proposes that food facility registration information and prior notice be submitted within a specific timeframe after receiving certain notices of refusal or hold (“post-refusal” and “post-hold” submissions).

New Antidumping and Countervailing Duty Investigation Initiated Covering Aluminum Extrusions from 15 Countries

November 8, 2023

By Paul Fudacz, Partner, Braumiller Law Group

On October 4, 2023, A coalition of 14 U.S. aluminum extrusion producers and labor unions filed petitions before the Department of Commerce, International Trade Administration (Commerce) and the International Trade Commission (ITC) seeking to impose antidumping (AD) and countervailing duties (CVD) on aluminum extrusions produced in 15 countries and exported to the U.S.

Legal Framework Governing IMMEX Operations

November 8, 2023

Brenda Cordova, Mexico Attorney, Braumiller Law Group

As we have previously explained in other articles, an IMMEX is a duty deferral program from the Mexican federal government created in 2006, which stands for Industria Manufacturera, Maquiladora y de Servicios de Exportación (Manufacturing, Maquiladora and Export Services Industry).

Overview of BIS’s Interim Final Rules, Export Controls for Advanced Computing, Supercomputing, and Artificial Intelligence

November 8, 2023

By: Megan Mohler, Associate Attorney

On October 25, 2023, the Bureau of Industry and Security (“BIS”) published interim final rules amending the Export Administration Regulations (“EAR”) to add/clarify new controls on semiconductor manufacturing equipment (“SME”), advanced computing integrated circuits (“IC”), and computer commodities containing them.

Challenges Ahead! – Requesting to be Excluded From the Xinjiang Exclusions

November 8, 2023

By Bruce Leeds, Senior Counsel, Braumiller Law Group

In April of this year U.S. Customs & Border Protection (CBP) issued Headquarters Ruling H330077. The ruling was in response to a protest filed by an importer that had a shipment of wearing apparel excluded from entry under a Withhold Release Order (WRO) at the port of Newark, NJ. The wearing apparel was processed from cotton produced in India, made into yarn and fabric in China, and converted to wearing apparel in Cambodia. None of the parties to the transaction were located in the Xinjiang Region of China.

OMB Issues Final Rule for Infrastructure Buy America Preferences

November 8, 2023

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

The Office of Management and Budget (“OMB”), Made in America Office issued a Final Rule to clarify the Build America, Buy America Act (“BABA”) provisions of the Infrastructure Investment and Jobs Act4 (“IIJA”) and to clarify existing provisions related to domestic preferences. The Final Rule amends Title 2 of the Code of Federal Regulations (“CFR”), subtitle A, chapter I by adding a new Part 184 to support implementation of BABA. OMB also amended 2 CFR 200.322 to clarify existing provisions within part 200. According to OMB, the Final Rule “is intended to improve consistency in the implementation of BABA requirements across the Federal Government.”5 The Final Rule will take effect October 23, 2023.

International Trade Compliance Consultants and The Value Proposition

November 8, 2023

By: Linnea Deeds, Braumiller Consulting Group

Maximizing value is crucial when companies contemplate bringing on external support for any organizational function. While a company may consider several value categories, this article explores five primary categories – productivity, profitability, image, experience, and convenience. By maintaining a value proposition mindset when requesting consultant resources, selecting consultants, and working with consultants, trade compliance professionals leverage the benefits of external experts.

The Domino Effect: What Would an Invasion of Taiwan Mean for Global Trade

November 8, 2023

By: Victoria Holmes, Braumiller Law Group
Tensions are escalating in the South China Sea, a vital maritime route for international trade. Taiwan remains at the center of this conflict and in an increasingly interconnected world, the prospect of a Taiwan invasion has far-reaching implications for global trade and geopolitics. It’s becoming even more crucial to understand the potential repercussions of such an event on the global economy as a potential invasion from China becomes increasingly more likely.

Employee Education in Compliance Training

November 8, 2023

By: Linnea Deeds, Braumiller Consulting Group

Employee education supports organizational growth and development. Its benefits are generally well known, but how do you ensure that training, in any form, generates the outcomes and advances you desire? Measuring and benchmarking success can be especially difficult when creating customized training programs, which are often needed for international trade compliance topics.

Hot Topics in International Trade The Election with Kerry Wang

November 2, 2023

Bob Brewer, VP Marketing and New Business Development, Braumiller Law Group & Braumiller Consulting Group discusses trade and the 2024 election with BLG Senior Associate Attorney Kerry Wang

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