June 2023 - Braumiller Law Group

Recent Update on Forced Labor in Mexico

June 12, 2023

Brenda Cordova, Mexico Attorney, Braumiller Law Group

Mexico has recently published several legal instruments aimed to prevent and investigate forced and compulsory labor, including child forced or compulsory labor (forced labor). This impacts labor standards implemented by employers not just within the Mexican territory, but also from abroad, because starting May 18, 2023, goods produced in any country under forced labor conditions are restricted for importation into Mexico.

USTR Use of Section 301 to Impose Tariffs on China

Another China Competition Bill: The Future of Section 301 Exclusions #2

June 5, 2023

By Adrienne Braumiller, Partner & Founder

The Trade Act of 1974 grants the President broad powers to manage trade relationships with foreign countries. Section 301 of the act allows the President, acting through the United States Trade Representative (“USTR”), to impose retaliatory tariffs on imports from a country if the USTR determines that country’s economic conduct “is unreasonable or discriminatory and burdens or restricts United States commerce.”

Key Legal Developments in 2023 Concerning United States Customs and International Trade

June 5, 2023

By Adrienne Braumiller, Partner & Founder, Harold Jackson, Associate Attorney, and Gavin Anderson, Braumiller Consulting Trade Advisor

Section 301 Tariffs on Chinese goods continues to be at the forefront of international trade relations with China and the United States. As part of the four-year review required under the relevant statute (19 USC § 2417), the United States Trade Representative (USTR) began a two-phase notice-and-comment period in May 2022.

Despite Geopolitical Tension…Can Robust Bilateral Trade Exist? Australia and China, a Good Example Perhaps

June 5, 2023

By Bob Brewer, Braumiller Law Group

It’s a little awkward, but in fact, a reality in this day and age that bilateral trade between two countries who view each other as somewhat adversarial, can co-exist economically. As the world turns, so does global trade, take Australia and China for the shining example.

Legal Framework Governing Foreign Direct Investment from the United States and Canada in Mexico

June 5, 2023

By Brenda Cordova, Braumiller Law Group Mexico Legal Counsel

A large number of companies considering relocating their business abroad have turned their eyes to Mexico, which has become an attractive place for investors to relocate their business, mainly because it is close to the United States and Canada (nearshoring), the labor costs are relatively low, the availability of IMMEX (maquiladora) program, and because there is a preferential treatment to originating goods and foreign investments from the United States and Canada that are protected under the USMCA, among other factors.

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.

Using CBP’s Enforcement Statistics to Assess Forced Labor Risk in the Supply Chain

June 5, 2023

By Jennifer Horvath, Partner and Harold Jackson, Associate Attorney at Braumiller Law Group

The U.S. continues to spearhead enforcement against imported goods that were made using forced labor, and public enforcement statistics can help your company assess risks of forced labor.

Buy American – Treatment of Preferences in the Federal Acquisition Regulations

June 5, 2023

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

This article provides an overview of federal procurement laws and how the Federal Acquisition Regulations (FAR) implement some of those commitments in government contracts. The FAR, found under 48 C.F.R. Part 25, comprises the list of rules governing procurement of products and materials by federal agencies for public use.