News & Publications - Braumiller Law Group

Assessing the Benefits and Challenges of Tokenizing Real World Assets

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

The world of cryptocurrencies on blockchains and the world of traditional assets in markets have often stood in stark contrast to one another since Bitcoin’s creation in 2008. The lack of a reliable bridge between these two worlds has limited the impact of cryptocurrencies on assets in the real-world outside of on-chain speculation and prevented adoption of the benefits that blockchain technologies can bring to real world processes.

Taiwan, Invasion & Trade, Part 2

By: Victoria Holmes, Braumiller Law Group
President elect Lai Ching-te’s victory in Taipei ignited tensions across the Taiwan strait and now the geopolitical field waits to see if China will kick off World War Three. I’m only slightly joking, but Beijing has exerted diplomatic pressure on nations maintaining close ties with the island in the past and Taiwan’s decision to remain a democracy will no doubt ramp up China’s reunification process in the coming months. But how will that affect trade relations?

USTR’s Federal Register Notice (FR 88 90225)

On December 29, 2023, the United States Trade Representative issued Federal Register Notice (FR 88 90225), Extension of Exclusions and Request for Comments: China’s Acts, Policies and Practices Related to Technology Transfer, Intellectual Property and Innovation. The FR Notice indicated that the USTR determined to extend 352 previously reinstated exclusions and 77 COVID related exclusions for five months, through May 31, 2024.

Latest Developments with The Uyghur Forced Labor Prevention Act and New Leadership at the Department of Homeland Security Signal Heavier Enforcement is Likely

By Adrienne Braumiller, Partner & Founder

In recent years, the global spotlight has illuminated the grave concerns surrounding human rights violations within China’s Xinjiang region, particularly those impacting the Uyghur population. The Uyghur Forced Labor Prevention Act (UFLPA) stands as a pivotal piece of legislation designed to address these concerns and to ensure that products imported into the United States are devoid of forced labor originating from the Xinjiang region.

U.S. Trade, Nearshoring & China
Mexico is Becoming a Popular Manufacturing Destination

By Bob Brewer, Braumiller Law Group

The implementation of trade policies in what many consider acts of protectionism and manipulation are the norm, and of course China and the U.S. are a prime example. Solutions include nearshoring, reshoring, and protectionism. It’s complicated, so for the purpose of this article, let’s stick with nearshoring.

Any Comments on FDA’s New Proposed Rule on Prior Notice Regulations?

By: Vicky Wu, Partner, and Brandon French, Associate, Braumiller Law Group

On November 1, 2023, FDA issued a proposed rule that would make changes to its prior notice regulations, if the rule is finalized. These changes include requiring the name of the mail service and a mail tracking number to be provided in prior notice for food articles arriving by international mail. In addition, the FDA proposes that food facility registration information and prior notice be submitted within a specific timeframe after receiving certain notices of refusal or hold (“post-refusal” and “post-hold” submissions).

New Antidumping and Countervailing Duty Investigation Initiated Covering Aluminum Extrusions from 15 Countries

By Paul Fudacz, Partner, Braumiller Law Group

On October 4, 2023, A coalition of 14 U.S. aluminum extrusion producers and labor unions filed petitions before the Department of Commerce, International Trade Administration (Commerce) and the International Trade Commission (ITC) seeking to impose antidumping (AD) and countervailing duties (CVD) on aluminum extrusions produced in 15 countries and exported to the U.S.

Legal Framework Governing IMMEX Operations

Brenda Cordova, Mexico Attorney, Braumiller Law Group

As we have previously explained in other articles, an IMMEX is a duty deferral program from the Mexican federal government created in 2006, which stands for Industria Manufacturera, Maquiladora y de Servicios de Exportación (Manufacturing, Maquiladora and Export Services Industry).

Overview of BIS’s Interim Final Rules, Export Controls for Advanced Computing, Supercomputing, and Artificial Intelligence

By: Megan Mohler, Associate Attorney

On October 25, 2023, the Bureau of Industry and Security (“BIS”) published interim final rules amending the Export Administration Regulations (“EAR”) to add/clarify new controls on semiconductor manufacturing equipment (“SME”), advanced computing integrated circuits (“IC”), and computer commodities containing them.

Challenges Ahead! – Requesting to be Excluded From the Xinjiang Exclusions

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.

OMB Issues Final Rule for Infrastructure Buy America Preferences

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

The Office of Management and Budget (“OMB”), Made in America Office issued a Final Rule to clarify the Build America, Buy America Act (“BABA”) provisions of the Infrastructure Investment and Jobs Act4 (“IIJA”) and to clarify existing provisions related to domestic preferences. The Final Rule amends Title 2 of the Code of Federal Regulations (“CFR”), subtitle A, chapter I by adding a new Part 184 to support implementation of BABA. OMB also amended 2 CFR 200.322 to clarify existing provisions within part 200. According to OMB, the Final Rule “is intended to improve consistency in the implementation of BABA requirements across the Federal Government.”5 The Final Rule will take effect October 23, 2023.

International Trade Compliance Consultants and The Value Proposition

By: Linnea Deeds, Braumiller Consulting Group

Maximizing value is crucial when companies contemplate bringing on external support for any organizational function. While a company may consider several value categories, this article explores five primary categories – productivity, profitability, image, experience, and convenience. By maintaining a value proposition mindset when requesting consultant resources, selecting consultants, and working with consultants, trade compliance professionals leverage the benefits of external experts.

The Domino Effect: What Would an Invasion of Taiwan Mean for Global Trade

By: Victoria Holmes, Braumiller Law Group
Tensions are escalating in the South China Sea, a vital maritime route for international trade. Taiwan remains at the center of this conflict and in an increasingly interconnected world, the prospect of a Taiwan invasion has far-reaching implications for global trade and geopolitics. It’s becoming even more crucial to understand the potential repercussions of such an event on the global economy as a potential invasion from China becomes increasingly more likely.

Employee Education in Compliance Training

By: Linnea Deeds, Braumiller Consulting Group

Employee education supports organizational growth and development. Its benefits are generally well known, but how do you ensure that training, in any form, generates the outcomes and advances you desire? Measuring and benchmarking success can be especially difficult when creating customized training programs, which are often needed for international trade compliance topics.

DHS Audit of CBP’s Centers of Excellence and Expertise Yields Evidence of Mismanagement

By Adrienne Braumiller, Partner & Founder

Uniformity, or rather the lack thereof, in procedures and practices within U.S. Customs and Border Protection’s (CBP) Centers of Excellence and Expertise (Centers) is evidently harming compliant companies within the trade community. The audit report from the Department of Homeland Security’s (DHS) Office of Inspector General (OIG) in March 2022 poignantly revealed significant weaknesses in CBP’s operational processes and internal controls and has left the trade community justifiably concerned, particularly companies committed to paying their duties in full.

Assessing the Benefits and Challenges of Tokenizing Real World Assets

Taiwan, Invasion & Trade, Part 2

USTR’s Federal Register Notice (FR 88 90225)

Latest Developments with The Uyghur Forced Labor Prevention Act and New Leadership at the Department of Homeland Security Signal Heavier Enforcement is Likely

U.S. Trade, Nearshoring & China
Mexico is Becoming a Popular Manufacturing Destination

Any Comments on FDA’s New Proposed Rule on Prior Notice Regulations?

New Antidumping and Countervailing Duty Investigation Initiated Covering Aluminum Extrusions from 15 Countries

Legal Framework Governing IMMEX Operations

Overview of BIS’s Interim Final Rules, Export Controls for Advanced Computing, Supercomputing, and Artificial Intelligence

Challenges Ahead! – Requesting to be Excluded From the Xinjiang Exclusions

OMB Issues Final Rule for Infrastructure Buy America Preferences

International Trade Compliance Consultants and The Value Proposition

The Domino Effect: What Would an Invasion of Taiwan Mean for Global Trade

Employee Education in Compliance Training

DHS Audit of CBP’s Centers of Excellence and Expertise Yields Evidence of Mismanagement

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