Adrienne Braumiller, Author at Braumiller Law Group

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

August 4, 2023

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.

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.

The CBP Forced Labor Expo: Spotlight on Forced Labor Compliance

April 5, 2023

By Adrienne Braumiller, Partner & Founder

U.S. Customs and Border Protection (CBP) held The Forced Labor Technical Expo: Tools for Supply Chain Transparency from March 14-15, 2023, which involved members of the U.S. importing community, partner government agencies, and non-governmental organizations.

Should You File a Prior Disclosure in 2023?

February 5, 2023

By Adrienne Braumiller and Harold Jackson

2023 is more than a brand-new year – it is an opportunity for your company to prioritize supply chain and customs compliance. For some companies, this means filing a prior disclosure with U.S. Customs and Border Protection (CBP). Companies that are frequent importers are seriously considering disclosing entry violations under the condition that Customs will not issue civil penalties against them.

Doing Business with China Continues to Get More Difficult for U.S. Companies

February 5, 2023

By: Bruce Leeds, Senior Counsel and Adrienne Braumiller, Partner & Founder

The U.S. and China are not only in a trade war but there is also an effort by the U.S. to (1) prevent development of supercomputers, semiconductors and related products and technologies, and (2) prevent use of forced labor – especially involving the Uyghur minority in the Xinjiang region. U.S. companies planning to export to China are facing a new or revised set of restrictions that may make their business more challenging.

New Rules for Customs Brokers – Bringing Your Brokerage into Compliance with the Modernized Part 111

December 9, 2022

By: Adrienne Braumiller Founding Partner and Bruce Leeds, Senior Counsel

After several years of review by U.S. Customs and Border Protection (“CBP”), the Customs Broker community, and the Commercial Customs Operations Advisory Council, CBP unveiled the new Customs Broker Regulations under 19 C.F.R. Part 111. On October 18, 2022, CBP published the final rules, Modernization of the Customs Broker Regulations, 87 FR 63267, and Elimination of Customs Broker District Permit Fee, 87 FR 63262, which go into effect on Monday, December 19, 2022.

Section 301 Update: Four-Year Review, Exclusions, Litigation, and the Future of China Tariffs

October 2, 2022

By: Adrienne Braumiller, Partner & Founder, Braumiller Law Group

China Tariffs are here to stay – for now. The Biden Administration continues to defend the Trump-era tariffs on goods from China with little guidance as domestic inflation climbs steadily. Meanwhile, 2022 has been a busy year for the Office of the U.S. Trade Representative (“USTR”). The agency was instructed by the Court of International Trade to provide further written justification for the Section 301 Actions for Lists 3 and 4a in the wake of the agency’s obligatory four-year review of each tariff action.

Forced Labor Due Diligence – Supply Chain Tracing Requirements to Comply with UFLPA, Withhold Release Orders, and More

August 10, 2022

By: Adrienne Braumiller, Partner & Founder, Braumiller Law Group

We can all agree that goods made from forced labor, indentured labor or child labor should not be introduced into the U.S. market. Indeed, U.S. law prohibits the entry of goods made from forced labor. The Uyghur Forced Labor Prevention Act (“UFLPA”) which went into effect as of June 21, 2022, expands on this prohibition by placing a ban on goods from the Xinjiang Uyghur Autonomous Region (“XUAR”) where ethnic minorities are being exploited or certain specified entities that are involved in using forced labor

Primer on Forced Labor Enforcement for U.S. Importers

August 10, 2022

By: Adrienne Braumiller, Partner & Founder, Braumiller Law Group and Harold Jackson, Associate

This Primer provides introductory guidance to complying with U.S. forced labor laws for importers, and includes an introductory overview to forced labor laws, U.S. Customs and Border Protection’s (CBP) authority to enforce forced labor laws, outlines importer requirements under The Uyghur Forced Labor Prevention Act, describes the detention processes for imported goods made with forced labor, lists key recommended compliance actions for adhering to U.S. forced labor laws, and provides helpful resources for complying with U.S. forced labor laws.

U.S. Initiates Indo-Pacific Economic Framework in the South Pacific

June 12, 2022

By: Adrienne Braumiller, Partner & Founder, Braumiller Law Group

On May 23 in Tokyo, Japan, the U.S., and other countries in the Pacific region launched the Indo-Pacific Economic Framework for Prosperity (“IPEF”). The countries included are Australia, Brunei, India, Indonesia, Japan, South Korea, Malaysia, New Zealand, the Philippines, Singapore, Thailand, and Vietnam.

CBP Releases Guidance related to Complying with the Uyghur Forced Labor Prevention Act

June 12, 2022

By: Adrienne Braumiller, Partner & Founder, Braumiller Law Group

U.S. Customs and Border Protection (“CBP”) released its first set of guidance relating to the Uyghur Forced Labor Prevention Act (“UFLPA”), which is set to take effect on June 21, 2022. CBP’s guidance takes the form of a website that is a homepage for UFLPA-related guidance, FAQs, webinars, graphics, and CBP contact information. This essential UFLPA homepage can be accessed at: www.cbp.gov/trade/forced-labor/UFLPA.

Russian Sanction Updates and Reporting Requirements: What are your Responsibilities under OFAC?

April 10, 2022

By: Adrienne Braumiller, Partner & Founder, Braumiller Law Group

In response to the Russian Federations’ (“Russia”) invasion of Ukraine, the U.S. Government has recently announced expansive economic sanctions against Russia and its economy. The U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”) imposed sanctions against multiple parties in Russia to deplete Russian resources for purposes of ending the war.

Critical Updates from the U.S. Trade Representative – The U.S.-China Trade Relationship

April 10, 2022

By: Adrienne Braumiller (Partner and Founder) and Harold Jackson (Associate)

Since taking office as the U.S. Trade Representative (“USTR”), Katherine Tai has prioritized trade policies focused on protecting American workers’ rights and promoting sustainable environmental practices through trade agreements.

The Uyghur Forced Labor Prevention Act & The Future of Forced Labor Enforcement

February 7, 2022

By: Adrienne Braumiller, Partner & Founder, Braumiller Law Group

The Uyghur Forced Labor Prevention Act (“UFLPA”), which takes effect on June 21, 2022, bans the importation of all goods made in the Xinjiang Uyghur Autonomous Region (“XUAR”) in China. President Biden signed this law on December 23, 2021, which unanimously passed both houses of Congress.

Trump-Era Tariffs – Any Relief On The Horizon?

December 6, 2021

By: Adrienne Braumiller, Partner & Founder, Braumiller Law Group

The costly Trump-Era tariffs and trade policies have largely remained in effect nearly a year into the Biden Administration. Now more than ever, importers are looking for ways to avoid or mitigate duty exposure. Below is the lowdown of present relief from the Trump tariffs and a forecast of further relief to come.

Latest Update on Section 301 Litigation

June 7, 2021

By: Adrienne Braumiller, Founding Partner, Braumiller Law Group On June 1, 2021, the U.S. Government, in the ongoing Court of International Trade (“CIT”) litigation over

Why the Meyer Decision isn’t a Lemon: Modern Use of “First Sale”

April 6, 2021

By Adrienne Braumiller, Braumiller Law Group

A March 1st decision out of the CIT has caused a stir in the global trade industry because of the CIT opinion’s apparent uncertainty of the applicability of the “first sale” rule in transactions with non-market economy manufacturers and the broader implications of that uncertainty.

The Art of Deal Making: Using External Expertise Effectively

January 14, 2021

By Adrienne Braumiller and Bob Brewer, Braumiller Law Group

Adrienne Braumiller is the founder of Braumiller Law Group PLLC and an innovative force in international trade law. With more than 25 years of experience, she is widely recognized as a leading authority in Customs, import, export, foreign-trade zones, free trade agreements and ITAR compliance.

Author: Adrienne Braumiller

Adrienne Braumiller