News & Publications - Braumiller Law Group

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.

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.

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.

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.

The Future of Environmental Protection Laws and Trade Agreements

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.

Wyoming’s DUNA Law – A Legal Framework for Non-Profit DAOs and Open-Source Blockchain Networks

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

Decentralized Autonomous Organizations (DAOs) are a novel form of governance for blockchain-based protocols. Unlike traditional companies or non-profits, DAOs are member-controlled organizations that operate without a central authority or hierarchical management. Instead, DAOS use smart contracts, often on the Ethereum blockchain. DAOs often use governance tokens to enable members to vote on proposals, make collective decisions about the organization’s operations, treasury, and future development.

USMCA Joint Review Process Part 1

By: Adrienne Braumiller, Founder of Braumiller Law Group and Gavin Andersen, Senior Trade Advisor, Braumiller Consulting Group and Law Clerk

This is the first 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. Part three offers a critique of the worker-centered trade policy developed under the Biden administration, presents an alternative, and suggests new avenues for multi-stakeholder participation that Harris’s approach might create.

Coming Soon: A New Polar Icebreaker Competition in the Arctic Region for Trade Route Supremacy

By Bob Brewer, Braumiller Law Group

The US, Canada, and Finland are launching a joint partnership to build more ice-breaking ships to compete with China and Russia in Arctic. Sad but true, here we go again. Whether it’s the South China sea, or even the moon, there will be territorial disputes to challenge ownership where no ownership should actually exist. The pact aims to produce a fleet of ice-breaking ships to display a posture of power in the polar regions and enforce international norms and treaties.

A Head Scratcher

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!?

Using a Contract Review Checklist for Commercial International Trade Contracts

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

In the complex world of commercial international trade, contracts serve as the foundation for successful transactions. A well-prepared contract review checklist provides a basis for lawyers to ensure that all necessary terms and conditions are covered, protecting all parties involved. This article outlines the essential components of a contract review checklist related to goods in international trade. The goal is to provide a structured approach to reviewing and drafting contracts, beyond the basics of INCOTERMS.

New Presidential Proclamations – Section 232 Duties on Certain Steel and Aluminum Products from Mexico

By Paul Fudacz, Partner, Braumiller Law Group and Senior Associate Attorney Megan Mohler

On July 10, 2024, the President issued two Presidential Proclamations related to the imposition of Section 232 duties on certain steel and aluminum products from Mexico. The first establishes a “melt and pour” requirement for imports of steel articles that are products of Mexico and will increase the section 232 duty rate for imports of steel articles and derivative steel articles that are products of Mexico that are melted and poured in a country other than Mexico, Canada, or the United States.

BRICS – Shaping the Future of Global Finance and Investment

By: Victoria Holmes, Braumiller Law Group
Imagine a world where five powerhouse nations are redefining the global economic landscape. BRICS—an acronym for Brazil, Russia, India, China, and South Africa—is not just a coalition of emerging markets; it is a formidable alliance shaping the future of global finance and investment. You can read about the coalition’s attempt to unseat the US dollar in our previous newsletter.

The Trade Powerhouse: Analyzing Texas’ Role in Global and National Trade

By: Victoria Holmes, Braumiller Law Group
Texas isn’t just celebrated for its breathtaking landscapes and rich history—it’s a dynamic powerhouse in international and interstate trade. As the second-largest state in the U.S., Texas capitalizes on its strategic location, diverse economy, and vast infrastructure to fuel an extraordinary flow of goods and services. If Texas was a country, it would be ranked as the eighth- largest economy in the world, ahead of both Canada and Russia.

Navigating the Hurdles: Challenges of Conducting an Annual CTPAT Security Review

By: Judy Davis, Senior Trade Advisor, Braumiller Consulting Group
The Customs-Trade Partnership Against Terrorism (CTPAT) program can offer a fast thoroughfare for international trade. But navigating the annual security audits that ensure CTPAT compliance can feel like a maze. Don’t worry, we’ve got you covered! Let’s explore some common hurdles faced during CTPAT security audits, along with practical tips to simplify the process.

A Day in the Life of a Trade Compliance Manager: A Corporate Parable

By Mike Smiszek, Senior Trade Advisor, Braumiller Consulting Group

A fly on the wall at an executive retreat for Acme Super Duper Widget Company overhears the following conversation between Pete, the CFO, and Saira, the General Counsel.