Author: Brandon French

Section 301 Exclusions

Refunds Available? USTR Announces Reinstated Section 301 Exclusions

By: Brandon French, Associate, Braumiller Law Group

Since the end of 2020, almost all companies were forced to begin paying the Section 301 duties as most available exclusions expired. This was a major hit for companies who were relying on the exclusions, as the additional duties were either 25% (List 1, 2, and 3) or 15% (List 4A).

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Four-year-review-of-tariffs section 301

Understanding the Statutory Four-Year Review Period of the Tariffs

By: Jennifer Horvath, Partner, and Brandon French, Associate,
Braumiller Law Group

Many importers are eagerly awaiting the United States Trade Representative’s (“USTR”) required four-year review of the Section 301 Chinese tariffs. Section 301 of the Trade Act of 1974 grants the Office of the USTR a range of responsibilities and authorities to investigate and take action to enforce U.S. rights under trade agreements and respond to certain foreign trade practices.

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Act of 2022

Understanding the America Competes Act of 2022 – What Upcoming Major Changes to International Trade Law Should You Know About?

By: Jennifer Horvath, Partner, and Brandon French, Associate,
Braumiller Law Group

The House Committee on Science, Space, and Technology recently voted to advance the America Competes Act of 2022 “the Act.” This comes after the Senate passed its version of the bill, the U.S. Innovation and Competition Act, in June of 2021. The focus of the Act is to strengthen America’s scientific and technological activities in the 21st Century, in order to be able to compete with China in these critical fields in the future.

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CBP August 2021 Operational Update

By: Brandon French, Associate

U.S. Customs and Border Protection (“CBP” or “Customs”) recently released its August 2021 operational statistics. These statistics are important for CBP to review monthly/yearly to better understand and ensure enforcement efforts continue to improve.

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2022 Harmonized System Nomenclature – Any Significant Changes?

By: Brandon French, Associate Attorney, BLG The new 2022 Harmonized System (HS) nomenclature has been accepted by all parties at the Harmonized System Convention. The HS nomenclature is used as a basis for the classification of goods around the globe. Every six months, the HS Committee of the World Customs Organization (WCO) meets to discuss

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section 301 CIT Litigation

Section 301 CIT Litigation: Current Status and What’s Next?

By: Brandon French, Associate Attorney, BLG

As many importers are aware, a lawsuit was brought against the United States arguing that the List 3 and List 4A tariffs violated The Trade Act of 1974, as well as the Administrative Procedure Act (APA). Once the initial lawsuit was filed by HMTX on September 10th, companies rushed …

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Section 301 Updates: The Coronavirus

By: Brandon French, Associate Attorney, Braumiller Law Group The United States Trade Representative (USTR) has recently opened a comment period to address the ongoing COVID-19 pandemic. The USTR is inviting interested parties to submit a comment explaining whether a product currently covered by the Section 301 tariff action is needed for the medical and public

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Updates with Chinese Trade War

By: Brandon French, Associate Attorney, Braumiller Law Group President Trump signed the Phase 1 Agreement with China on January 15, 2020. As part of the agreement, China has pledged to purchase $200 billion worth of goods and services over the next two years – this would be a 50% increase from the current levels. The

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Section 301 Tariffs – A Year and a Half in Review

By: Brandon French, Associate Attorney, BLG The majority of US businesses have felt increased pressure since the imposition of the Section 301 tariffs. Companies have been forced to find ways to mitigate the impact of the tariff through reclassification, tariff engineering, or re-sourcing outside of China. The following breakdown explains the history of each “List”

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Section 301 List #3: Current Status of the List 3 Exclusion Process

By: Brandon French, Associate Attorney, Braumiller Law Group The deadline to submit List 3 exclusion requests officially closed on September 30th. While some exclusion requests have already been granted, the majority of submitters must now wait for the United States Trade Representative (USTR) to review their requests. As each request is reviewed, they must progress

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Modernizing the World of Trade: CBP’s 21st Century Framework

By: Brandon French, Contract Attorney, Braumiller Law Group, PLLC Customs and Border Protection (CBP) has taken the initiative to modernize its current trade environment. The purpose of the initiative is to realign CBP’s current trade policies and procedures with the development of new industries, technology, and modes of conducting business. A Federal Register (FR) Notice

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