Bruce Leeds, Author at Braumiller Law Group

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 Regulations (ITAR) affecting exports of spacecraft and launch vehicles and related activities. Subsequently the department extended the comment period from Nov. 22 to Dec. 23, 2024. The Bureau of Industry & Security (BIS) of the Department of Commerce published corresponding proposed changes to the Export Administration Regulations on Oct. 23, 2024.

What’s Going on With Section 321 De Minimis Entries?

October 7, 2024

By Bruce Leeds, Senior Counsel, Braumiller Law Group

Not only are shipments under $800 exempt from duty but they are also exempt from Section 301 duties on Chinese products, Consumer Product Safety Commission requirements, import quotas and other requirements. Although they are supposed to be subject to Antidumping and Countervailing duty and Food & Drug Administration requirements, many low value shipments pass through the system without meeting these requirements.

A Head Scratcher

August 9, 2024

By Bruce Leeds, Senior Counsel, Braumiller Law Group

A product has a country of origin of China, is not subject to China 301 duties and is eligible for USMCA benefits when imported from Canada – Whaaat!?

Australia and United Kingdom License Exemptions on the Way!

June 7, 2024

By Bruce Leeds, Senior Counsel, Braumiller Law Group

Canada has long enjoyed International Traffic in Arms Regulations (ITAR) license exemptions and minimal controls for items subject to the Export Administration Regulations (EAR). What about some of our other friends, such as Australia and United Kingdom? There are ITAR license exemptions for these countries in Parts 126.16 and 126.17 of the ITAR.

What is the “First Sale” Rule and How Does it Affect Me?

February 5, 2024

By Bruce Leeds, Senior Counsel, Braumiller Law Group

The First Sale Rule applies in circumstances such as the example above. A US company places an order with a middleman in the US. The middleman in turn subcontracts to a foreign supplier. The supplier then ships the product either to the middleman or to the original US company that placed the order, meaning either could be the importer of record. The entered value could be the amount on the original purchase order or the price paid by the middleman to the foreign supplier.

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.

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.

Driving You MAD – Customs Issues in Mergers Acquisitions & Divestitures

June 5, 2023

By Bruce Leeds, Senior Counsel, Braumiller Law Group

When one company buys another there are typically two ways the purchased company will be treated: (1) It will be incorporated into the parent company and will no longer exist as a separate entity. (2) It will become a separately incorporated subsidiary of the parent company and retain its IRS number.

Revisions and updates to the International Traffic in Arms Regulations (ITAR)

Hot (or at least warm) Off the Press: Updates & Revisions to the ITAR

April 5, 2023

By Bruce Leeds, Senior Counsel, Braumiller Law Group

The Directorate of Defense Trade Controls (DDTC) is continuing its project to revise and update the International Traffic in Arms Regulations (ITAR). Some of the changes are editorial and some are substantive. If you are affected by the ITAR or think you might be, you will need to stay on top of the changes because some (or all) may affect you.

Doing Business with China Continues to Get More Difficult for U.S. Companies

February 5, 2023

By: Bruce Leeds, Senior Counsel and Adrienne Braumiller, Partner & Founder

The U.S. and China are not only in a trade war but there is also an effort by the U.S. to (1) prevent development of supercomputers, semiconductors and related products and technologies, and (2) prevent use of forced labor – especially involving the Uyghur minority in the Xinjiang region. U.S. companies planning to export to China are facing a new or revised set of restrictions that may make their business more challenging.

Hot (or at least warm) Off the Press: Updates & Revisions to the ITAR

February 2, 2023

New Rules for Customs Brokers – Bringing Your Brokerage into Compliance with the Modernized Part 111

December 9, 2022

By: Adrienne Braumiller Founding Partner and Bruce Leeds, Senior Counsel

After several years of review by U.S. Customs and Border Protection (“CBP”), the Customs Broker community, and the Commercial Customs Operations Advisory Council, CBP unveiled the new Customs Broker Regulations under 19 C.F.R. Part 111. On October 18, 2022, CBP published the final rules, Modernization of the Customs Broker Regulations, 87 FR 63267, and Elimination of Customs Broker District Permit Fee, 87 FR 63262, which go into effect on Monday, December 19, 2022.

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.

DDTC is Open to Open General Licenses

August 9, 2022

By: Bruce Leeds, Senior Counsel, Braumiller Law Group

Some may be familiar with Open General Licenses (OGLs) used in the United Kingdom and some other countries. They allow export of dual-use, strategic and other controlled articles to specific destinations under certain conditions.

In the Middle of Changing the MID CBP Proposal for Global Business Identifier

December 6, 2021

By: Bruce Leeds, Senior Counsel, Braumiller Law Group

In a Federal Register Notice on Oct. 6, 2021, U.S. Customs and Border Protection published a 60-Day Notice and request for comments for a Global Business Identifier (GBI) Evaluative Proof of Concept (EPoC).

Continuing the Proposal for Customs Broker Continuing Education

October 5, 2021

By: Bruce Leeds, Senior of Counsel

On Oct. 28, 2020, U.S. Customs and Border Protection (CBP) published an Advance Notice of Proposed Rulemaking on continuing education for individually licensed customs brokers. After receiving comments and feedback from the trade, CBP published a Notice of Proposed Rulemaking (NPRM) on this proposal on Sept. 10, 2021.

The ITAR Australia and UK Exemptions – Better Read the Regulations Carefully

August 4, 2021

By: Bruce Leeds, Senior Counsel to Braumiller Law Group and George Alfonso, Of Counsel to Braumiller Law Group and President of Reigncore Lobbying

On behalf of our example, we’d like to introduce you to “Joe Compliance.” Imagine Joe Compliance is going through the International Traffic in Arms Regulations (ITAR) and notices license exemptions for Australia and the UK in Part 126.16 126.17.

Navigating the Export Controls on Semiconductors

June 6, 2021

By Bruce Leeds, Senior Counsel, Braumiller Law Group Determining what export controls apply to semiconductor devices can be a challenging task. Most controls on semiconductor

Exporting to Russia? Things Just Got (More) Difficult

April 6, 2021

By Bruce Leeds, Braumiller Law Group

Exporting to Russia is already a challenge. There are OFAC sanctions arising out of the Ukraine/Crimea situation, Military End User controls, and the usual export licensing requirements.

What’s Happening with Trade in 2021

February 1, 2021

By Bruce Leeds, Senior Counsel, Braumiller Law Group

A new year, a new administration, and new trade initiatives. Well…at least 2 out of 3. Let’s take a look at some import and Customs subjects, then turn to export controls.