April 2024 - Braumiller Law Group

Forced Labor Questionnaires: Another Helpful Hint

April 1, 2024

By: Adrienne Braumiller, Partner & Founder and Gavin Andersen, Trade Advisor

In February 2024, Customs and Border Protection (CBP) began taking a new approach to Uyghur Forced Labor Prevention Act (UFLPA) enforcement—questionnaires. Once again, the solar industry is among the first targets, vanguards among importers, hacking their way through new regulatory growth, hopefully exposing a clear way through for all who follow. Active enforcement mechanisms like questionnaires—and the Forced Labor Enforcement Task Force (FLETF) itself—are still evolving.

BIS Updates Freight Forwarder Guidance And Best Practices

April 1, 2024

By: Adrienne Braumiller, Founder of Braumiller Law Group

The Bureau of Industry and Security (BIS) has recently published a guidance document on its new website aimed at helping freight forwarders and exporters uphold compliance with U.S. export controls and regulatory requirements. The document emphasizes the significant role that freight forwarders play in securing the global supply chain and preventing the proliferation of illegal exports.

Maximizing Duty Savings Series –Section 321 Duty Exemptions or De Minimis Exemptions

April 1, 2024

By: Kerry Wang, Senior Associate, Braumiller Law Group

Welcome to the second installment in our series on duty-saving strategies. After discussing the utilization of Foreign Trade Zones and Bonded Warehouses in our previous article, we now turn to Section 321, a topic of significant importance and, as you’ll see, considerable debate.

De Minimis An Ever-Growing Problem of De Maximus Proportion

April 1, 2024

By Bob Brewer, Braumiller Law Group

De minimis is a term that refers to a threshold below which certain goods are exempt from import duties or taxes. However, in the landscape of international trade, it has become a contentious issue for the United States. Those “bad actors”, and even some, not so bad, but willing to take advantage of a loophole have found a way around the tariffs. This so-called loophole of allowing goods with a fair retail value of $800 or less to enter the U.S. without paying an import tariff has become a monster that Customs needs to find a way to deal with conclusively.

The Importance of Pedimento Codes for the IMMEX Customs Regime

April 1, 2024

By: Brenda Cordova, Mexico Attorney, Braumiller Law Group

In Mexico, a customs regime is the destination or treatment for goods subject to customs control in accordance with the nature and purposes of a customs operation. Companies with an IMMEX program may perform operations under the so-called customs regime of “temporary importation for elaboration, transformation or repair under a maquila program”. This name by itself implies several facts to consider.

The Unsung Hero of Trade: Why CTPAT Matters

April 1, 2024

By: Judy Davis, Braumiller Consulting Group
In the ever-changing world of trade, where predicting the future is a constant challenge, looking back at the past decade offers valuable insights into the evolution of the supply chain and the tools that have developed to contribute to efficiency and security.

Evolving Legal Norms for Artificial Intelligence in the European Union and the United States

April 1, 2024

By: James R. Holbein, Of Counsel and Justin Holbein

Artificial Intelligence (AI) has been a hot topic for the last 2-3 years for politicians, technologists, and many people in civil societies globally. The use of the technology has obvious benefits for increasing productivity and value produced by businesses and organizations, along with dangers from misuse, such as deep fake propaganda and serious security risks. Two recent efforts to develop legislation addressing AI technology offer an opportunity to compare and contrast the differing approaches in the European Union (EU) and the United States (US).

Aluminum Extrusions II – Scope Modifications Proposed, Dept. of Commerce Questioning Manageability

April 1, 2024

By Paul Fudacz, Partner, Braumiller Law Group

Since the last update on the AD / CVD aluminum extrusions investigation (dubbed Extrusions II) in what appears to be a response to strong opposition from trade industry groups, legislators, governments, and other interested parties, as well as dubious signals from the Department of Commerce, (Commerce) the Petitioners in the ongoing Aluminum Extrusions investigation have proposed modifications to the scope of the investigation.

The Nexus of Trade and Food Security Amid Global Conflicts

April 1, 2024

By: Victoria Holmes, Braumiller Law Group
The intricate interplay between trade and food security has emerged as a vital global issue, one that is closely interwoven with the tapestry of international conflicts and political instability. Remember the 2019 pandemic when toilet paper supply chains were interrupted? Now imagine that on a much larger scale with basic food staples like rice, wheat or corn.

La importancia de las Claves de Pedimento en el Régimen Aduanero de las IMMEX

April 1, 2024

Por: Brenda Cordova, Mexico Attorney, Braumiller Law Group

En México, un régimen aduanero es el destino o tratamiento que se da a los bienes objeto de control aduanero de conformidad con la naturaleza y propósitos de una operación aduanera. Las empresas con un programa IMMEX pueden realizar operaciones al amparo del régimen aduanero llamado “importación temporal para elaboración, transformación o reparación en programas de maquila”.

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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