Regulations on Space and Spacecraft

Out of This World!  Proposed New Regulations on Space and Spacecraft

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.

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Presidential Authority

Presidential Authority to Unilaterally Raise Tariffs

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 Congress has delegated tariff authorities to the President. The U.S. is a party to numerous multilateral and regional trade agreements that have binding tariff commitments that will be impacted as well.

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CDSOA

The Ghost of CDSOA Still Haunts Us

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 a U.S. antidumping and countervailing duty law enacted in October of 2000 called the Continued Dumping and Subsidy Offset Act (CDSOA). It became known more informally as the Byrd Amendment in recognition of its sponsor, Senator Robert Byrd of West Virginia. Antidumping duties (AD) are assessed when imported goods are, or are likely to be, sold in the United States at prices below their “normal” fair market value.

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CTPAT Training

From Awareness to Action:  A Deep Dive into CTPAT Training

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 to your business.  Customs and Border Protection (CBP) the folks behind CTPAT, are getting serious about proof. Your Supply Chain Security Specialist (SCSS) is like the detective, always asking, show me the proof!’

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Tariffs, Trade & Trump

Tariffs, Trade & Trump

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 considered a separate issue, addressed primarily through national regulations or multilateral environmental agreements like the Paris Agreement. However, recent developments suggest that trade and environmental concerns are converging, with many new trade agreements incorporating specific environmental provisions.

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Jurisdiction and History of Tariff Classification Litigation in the U.S.

Jurisdiction and History of Tariff Classification Litigation in the U.S.

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 the trial and appellate levels, and even the Supreme Court has played a significant role in these disputes. The jurisdiction and structure of these courts evolved as the complexities and volume of trade disputes grew.

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MX Customs

Amendments to the MX Customs General Rules for 2024 and to Annexes 1, 2, 5 and 24  (Reglas Generales de Comercio Exterior para 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 decree to amend, add, and abolish several provisions of the Mexican Constitution regarding the Judicial Power. This reform, as it is being called, is one of the major changes to the Mexican Judicial System and has been met with heated debates by opponents who fear it will put the balance and separation of power at risk as it will result in a weakened and deteriorated judicial system overpassed by the legislative and executive powers.

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usmca

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  

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 series about the USMCA joint review process, focusing on China, Mexico, and competing visions of a “worker-centered” trade policy. Part one introduces the USMCA joint review process and explores how US trade policy would likely operate during Trump’s second term. Part two outlines some of the major trade issues that will be on the table during joint review, focusing on the Mexico-US relationship, and anticipates Harris’s likely approach to trade policy.

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china

China and Walmart, Please, for the Love of ____, Let’s Observe a Silver Lining Partnership in an Otherwise Dismal Global Landscape

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 most descriptions would be “dismal” at best. This is of course accurate to a certain extent but looking at trade and commerce between the two countries, let’s take a look at the largest retailer in the U.S. as Walmart gives us a prime example of where we stand regarding unity as nations.

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Mexico Judicial

The Reform to the Mexico Judicial System

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 decree to amend, add, and abolish several provisions of the Mexican Constitution regarding the Judicial Power. This reform, as it is being called, is one of the major changes to the Mexican Judicial System and has been met with heated debates by opponents who fear it will put the balance and separation of power at risk as it will result in a weakened and deteriorated judicial system overpassed by the legislative and executive powers.

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de minimis

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

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.

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Aluminum Extrusion

Aluminum Extrusions from 13 Countries – Commerce Makes Affirmative Final AD and CVD Determinations 

By Paul Fudacz, Partner, Braumiller Law Group
On September 27, 2024, Commerce announced its affirmative final determination in the ongoing AD / CVD aluminum extrusions investigation. On the same day Commerce also posted its Final Scope Issues and Decision Memorandum. In both, Commerce almost uniformly deferred to Petitioners in dismissing numerous comments of interested parties primarily challenging the scope of the investigation on a wide range of legal theories and practical considerations.

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port strike

Legal and Other Issues Being Resolved by Port Strike

By: James R. Holbein, Of Counsel

The union and management teams reached a settlement agreement that was announced on October 4, 2024 to end the port strike. The settlement does not resolve the issues, but extends the master contract to Jan. 15, 2025, to allow the sides to negotiate outstanding issues. A final agreement must be ratified by union members.

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