By Bruce Leeds, Senior Counsel, Braumiller Law Group
New tariffs, changed tariffs, and reduced tariffs are announced with short notice. The duties on merchandise can change while a shipment is in the middle of the ocean. The status of free trade agreements has become uncertain. New detailed duties are assessed on steel and aluminum and their derivatives. Artificial intelligence is playing an increasing role.
By: James R. Holbein, Of Counsel, Braumiller Law Group and Justin Holbein Web3 Developer
The convergence of payment stablecoins, blockchain settlement infrastructure, and the regulatory clarity provided by the GENIUS Act of 2025 has created conditions for HTTP 402’s activation. The x402 protocol, developed by Coinbase in collaboration with Cloudflare and others through the x402 Foundation, operationalizes this long-reserved status code to enable instant, automated payments: particularly for autonomous AI agents conducting machine-to-machine commerce.
By: James R. Holbein, Of Counsel, Braumiller Law Group
The Trump Administration is pursuing a new style of trade management based on use of tariffs to rectify trade deficits and to set new “reciprocal” tariff rates to level the playing field for all of its trading partners. Critical minerals are a key component of the strategy, because the U.S. is heavily dependent of foreign sources for most of the critical minerals used in modern manufacturing. In response to Trump-imposed tariffs and threats of other trade actions, China has repeatedly used export controls on rare earths and other critical minerals as leverage. This article looks at the current state of critical minerals trade actions, starting with new US agreements with multiple trading partners, then reviewing international norms and proceeding through other trade actions involving critical minerals.
By: Megan Mohler, Associate Attorney
On November 10, 2025, the U.S. Bureau of Industry and Security (“BIS”) delayed the effective date of its new Affiliates Rule for a one-year period, until November 9, 2026, after U.S. and China trade talks. The Affiliates Rule, announced on September 29, 2025, expands export controls under the Export Administration Regulations (“EAR”) to extend to non-listed “affiliates” owned or controlled by listed entities (on the Entity List, the Military End User List “MEU”, or certain sanctioned parties) 50% or more in the aggregate.
By Paul Fudacz, Partner, Braumiller Law Group and Olivia Van Pelt, Law Clerk at Braumiller Law Group
On February 10, 2025, the President issued Presidential Proclamations Under Section 232 of the U.S. Code adjusting imports of steel and aluminum into the United States. These Proclamations provided an expanded listing of steel and aluminum derivative articles but also instructed the Secretary of Commerce (Secretary) to establish a process for including additional derivative aluminum and steel articles within the scope of the ad valorem duties.
By: Victoria Holmes, Braumiller Law Group
Could BRICS break the dollar’s grip? The answer is coming into sharper focus, and it’s more complicated than either the optimists or skeptics predicted. Since our previous analysis, BRICS has made concrete moves toward de-dollarization while simultaneously confronting harsh economic and political realities. The gap between ambition and achievement has never been clearer.
By Bob Brewer, Braumiller Law Group
General Motors (GM) has instructed thousands of its suppliers to phase out sourcing parts and materials from China by 2027. The exit strategy began in early 2024, with the directive gaining momentum in spring of this year, 2025. This directive is part of GM’s broader strategy to enhance supply chain resiliency and reduce exposure to geopolitical risks, particularly amid escalating, or let’s just say, continuously fluctuating, U.S.–China trade tensions.
By: Adrienne Braumiller, Founder of Braumiller Law Group
Importers who have paid tariffs imposed under the International Emergency Economic Powers Act (IEEPA) should take immediate steps to preserve their eligibility for potential refunds. Multiple lawsuits are currently challenging the legality of these tariffs, and the Supreme Court is set to decide the issue in November. If the Court ultimately invalidates the tariffs, importers may be entitled to recover duties paid. However, securing refunds depends on preserving jurisdictional options—especially given the uncertainty about whether these tariffs constitute a protestable decision under customs law. There are three potential refund mechanisms at play.
By Bob Brewer, Braumiller Law Group
China owns outright or has majority control in 17 overseas ports globally, according to recent estimates. However, its broader footprint is much larger with 129 port projects worldwide that involve Chinese investment, construction, or operational control. 115 of these are active, spanning every continent except Antarctica, which is next.
By Bob Brewer, Braumiller Law Group
It’s been more than a little concerning to the Trump Administration as these deposits have everything to do with international security as they are needed in the production of the very high-end microchips. So, now that it has been discovered that Greenland apparently has one of the largest deposits on the planet, Trump has stated that we will have Greenland, one way or another. While he hasn’t explicitly committed to military action, he’s made it clear that he won’t rule it out.
By: James R. Holbein, Of Counsel, Braumiller Law Group and Justin Holbein Web3 Developer
On August 29, 2025, Wyoming made history becoming the first state in the United States to issue its own stablecoin, the Frontier (FRNT) token, marking a groundbreaking moment in state-level cryptocurrency adoption. Wyoming’s pioneering move represents more than just technological innovation. It signals a fundamental shift in how states can leverage blockchain technology with robust legal frameworks to modernize their financial infrastructure and maintain competitive advantages in the evolving digital economy.
By: James R. Holbein, Of Counsel, Braumiller Law Group
On May 28, 2025, a three-judge panel at the Court of International Trade (CIT) ruled in two cases (VOS Selections, Inc. v. Trump and the State of Oregon v. Trump) that the Presidential actions taken under the International Emergency Economic Powers Act (IEEPA) (50 U.S.C. §§ 1701–1707) to impose tariffs on Canada, Mexico and China for illegal immigration and fentanyl smuggling are unconstitutional. The CIT said that the tariff actions did not directly address the declared emergency and were not delegated by Congress to the Executive Branch and therefore exceed the President’s tariff setting authority under the Constitution.
By: Victoria Holmes, Braumiller Law Group
For decades, the U.S. dollar has ruled the world. Whether a Brazilian farmer sells soybeans to China or an Indian company buys oil from the Middle East, chances are the transaction runs through greenbacks. Nearly 80 percent of global trade is still denominated in dollars—even when neither the buyer nor the seller is American.
But a new club of rising powers is asking: why?
By: Brenda Cordova Braumiller Law Group Mexico Legal Counsel and Judith Montes de Oca
The steel trade with Mexico is particularly strategic at this moment. Companies are shifting supply chains to North America, and Mexico which has been an attractive manufacturing hub for various industries, such as automotive, aerospace, construction, electronics, household appliances, and more. This trend is driving strong demand for imported steel while simultaneously creating new export opportunities for Mexican producers. Much of this advantage stems from the USMCA, because steel originating within the USCMA region can qualify for preferential tariff treatment when traded within the United States and Canada, provided that the applicable rules of origin are fully met.
By Bruce Leeds, Senior Counsel, Braumiller Law Group
Prior to August 29 of this year, 19 USC 321 – popularly known as a Section or de minimis clearance – allowed imported shipments valued at less than $800 to enter the US free of duty and entry requirements. The idea behind this was (1) the cost of processing an entry and duty payment would be more than the duty collected, and (2) setting the threshold at this level would promote eCommerce. It would also allow US Customs & Border Protection (CBP) to use its resources more effectively.