Adrienne Braumiller, Author at Braumiller Law Group

Forced Labor Questionnaires: Another Helpful Hint

April 1, 2024

By: Adrienne Braumiller, Partner & Founder and Gavin Andersen, Trade Advisor

In February 2024, Customs and Border Protection (CBP) began taking a new approach to Uyghur Forced Labor Prevention Act (UFLPA) enforcement—questionnaires. Once again, the solar industry is among the first targets, vanguards among importers, hacking their way through new regulatory growth, hopefully exposing a clear way through for all who follow. Active enforcement mechanisms like questionnaires—and the Forced Labor Enforcement Task Force (FLETF) itself—are still evolving.

BIS Updates Freight Forwarder Guidance And Best Practices

April 1, 2024

By: Adrienne Braumiller, Founder of Braumiller Law Group

The Bureau of Industry and Security (BIS) has recently published a guidance document on its new website aimed at helping freight forwarders and exporters uphold compliance with U.S. export controls and regulatory requirements. The document emphasizes the significant role that freight forwarders play in securing the global supply chain and preventing the proliferation of illegal exports.

BIS Unveils Enhanced Voluntary Self Disclosure Protocols

February 6, 2024

By: Adrienne Braumiller, Founder of Braumiller Law Group

On January 16, 2024, the Bureau of Industry and Security (BIS) under Assistant Secretary for Export Enforcement, Matthew Axelrod, disclosed significant enhancements to the process for Voluntary Self-Disclosures (VSDs) related to the Export Administration Regulations (EAR). These adjustments are strategically designed to streamline export control compliance for U.S. governmental bodies, the commercial sector, and academic entities.

Who is the Importer of Record: Security Interests and the Right to Act As IOR

February 6, 2024

By: Adrienne Braumiller, Partner & Founder and Gavin Andersen, Trade Advisor
Last June (2023), in response to a ruling request from Your Special Delivery Services Specialty Logistics (YSDS), Customs and Border Protection (CBP) issued HQ H324098, clarifying what it means to be an “owner or purchaser” with sufficient financial interest to act as importer of record (IOR).

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

November 8, 2023

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.

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.

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.

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.

Forced Labor Goods from the Uyghur Region in China through Malaysia

November 6, 2022

Companies try to shield detection of forced labor goods from the Uyghur Region in China by shipping through Malaysia to avoid accurately reporting the country of origin. Adrienne Braumiller discusses the importance of tracing your supply chain to avoid violating forced labor laws.

Hot Topics in International Trade: Forced Labor

November 6, 2022

Adrienne Braumiller discusses forced labor, its definition and how it’s regulated. U.S. forced labor prohibitions have been in place since the 1930s but an exercisable exception was repealed in 2015. In the current landscape, importers and exporters must navigate WROs (Withhold Release Order) and findings.

Hot Topics in International Trade: China & BIS Export Controls #003

November 6, 2022

Harold Jackson discusses China and BIS (Bureau of Industry and Security) action on AI, advanced computing and semiconductors that restricts exports to China. He reviews licensing and how companies can navigate through these restrictions.

Hot Topics In International Trade: Section 301 #002

November 6, 2022

Brandon French discusses section 301. He reviews China entering the WTO in 2001 and the 2017 USTR investigation that led to tariffs on Chinese imports to the U.S.. Brandon talks about the process of tariff exclusion requests for goods deemed to be only available from China.

Hot Topics In International Trade: Prior Disclosures #001

November 6, 2022

Noticed an error trade classifications? Adrienne Braumiller discusses the process and benefits of prior disclosures.

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.