By Bruce Leeds, Senior Counsel, Braumiller Law Group Determining what export controls apply to semiconductor devices can be a challenging task. Most controls on semiconductor devices are found in Export Commodity Classification Number (ECCN) 3A001 of the Commerce Control List (CCL) in the Export Administration Regulations (EAR). That ECCN has nearly 16 pages of detailed
By Bruce Leeds, Braumiller Law Group
Exporting to Russia is already a challenge. There are OFAC sanctions arising out of the Ukraine/Crimea situation, Military End User controls, and the usual export licensing requirements.
By Bruce H. Leeds, Senior of Counsel, Braumiller Law Group
In a Federal Register Advance Notice of Proposed Rulemaking, dated Oct. 28, 2020, U.S. Customs & Border Protection (CBP) proposed a program for continuing education for licensed individual customs brokers.
By: Bruce H. Leeds Senior Counsel, Braumiller Law Group
Colleges and universities – Ivy covered buildings with students and faculty engaged in academic pursuits. Colleges and universities – Hotbeds of export control concerns. What?? The halls of academia have increasingly become involved with export control issues. There are several ways that universities are potentially affected …
By: Bruce H. Leeds, Senior Counsel, Braumiller Law Group Determining the country of origin of imported articles has become increasingly important in recent years. There has long been a requirement that imported articles be marked with the name of the country of origin. Country of origin also determines eligibility for special duties or free trade
By: Bruce Leeds, Senior Counsel, Braumiller Law Group The US-Mexico-Canada Agreement (USMCA) replaces NAFTA and goes into effect on July 1 of this year. One of the major changes to come out of this trade agreement is elimination of the NAFTA Certificate of Origin. Instead, the USMCA replaces the Certificate of Origin with a certification.
By: Bruce Leeds, Of Counsel, Braumiller Law Group The United States-Mexico-Canada Agreement (USMCA) will replace NAFTA and likely go into effect by Jan. 1, 2021. Your company exports to Canada and Mexico. So: So long as you can produce a Certificate of Origin everything is taken care of NAFTA and USMCA are import things, so
By: Bruce Leeds, Senior Counsel, Braumiller Law Group On Jan. 1, 2020 the Japan-United States Free Trade Agreement went into effect. The agreement provides duty-free, or reduced duty treatment, for certain Japanese imports into the U.S. and certain U.S. exports to Japan. The implementation details were printed in the Federal Register on Dec. 30, 2019
By: Bruce Leeds, Senior Counsel, Braumiller Law Group Section 301 duties on French merchandise? How can that be? Doesn’t Section 301 only apply to China? The answers are yes and no. The US Trade Representative announced that the US was planning to impose up to 100% additional duties on a variety of French origin products
By: Bruce Leeds, Of Counsel, Braumiller Law Group Section 232? Doesn’t that apply to duties on aluminum and steel? Yes – but it could soon also apply to automobiles and parts. Section 232 of the Trade Expansion Act of 1962 authorizes the President of the United States, through tariffs or other means, to adjust the
By: Bruce Leeds, Senior Counsel, Braumiller Law Group On June 24th of this year, FedEx filed a suit against the Department of Commerce “seeking to enjoin the US Department of Commerce from enforcing prohibitions contained in the Export Administration Regulations.” In its filing FedEx stated that it “believes that the EAR violates common carrier rights
By: Bruce Leeds, Senior Counsel, Braumiller Law Group The Bureau of Industry & Security (BIS) of the Department of Commerce announced that it was adding Huawei Technologies Co., Ltd. to the Entity List on May 16, 2019. Not just this Huawei company in China, but also 68 non-US affiliates of Huawei located in 26 countries.
By: Bruce Leeds, Senior Counsel, Braumiller Law Group In a Federal Register Notice dated April 12, 2019, the Office of the US Trade Representative (USTR) announced the initiation of an investigation into European Union (EU) subsidies of large aircraft. The notice also contained a list of European origin aircraft and other products targeted for potential
Go Get Registered with Customs: CBP Form 5106 Create/Update Importer Identity Form – Updated and Revised
By: Bruce Leeds, Senior Counsel, Braumiller Law Group CBP Form 5106 is used to identify the importer of record to U.S. Customs & Border Protection (CBP). It is typically used by surety agents when filing a bond, customs brokers for a new client. or importers to establish or change their number or address. If an
By: Bruce Leeds, Senior Counsel, Braumiller Law Group, PLLC 2018 saw a number of administrative and legislative changes to U.S. export controls. Many of them have not been implemented, and others have gone into place. Let’s take a look: Export Control Reform Act (ECRA) of 2018 This legislation had bipartisan sponsorship, was passed by both
By Bruce Leeds, Senior Counsel, Braumiller Law Group If you go to the Trade tab at CBP.gov one of the featured items on the menu is Priority Trade Issues. There you will find information on Intellectual Property Rights (IPR). This primarily deals with CBP enforcement of trademarks and copyrights. U.S. copyright and trademark holders lose
By Bruce Leeds, Senior Counsel, Braumiller Law Group Acme Corporation receives a shipment by ocean freight from Japan. The terms of shipment on the purchase order are CIF Long Beach, California, meaning the price includes the cost of the goods plus prepaid ocean freight and insurance from Japan to Long Beach. The commercial invoice accompanying
By Bruce Leeds, BLG Senior Counsel Export Control Reform has been underway since 2009. The process has been to revise the U.S. Munitions List (USML) categories one by one with the goal of better defining what is controlled under the International Traffic in Arms Regulations (ITAR) and transferring jurisdiction of articles – particularly at the
By Bruce Leeds, Senior Counsel, Braumiller Law Group On March 22, the President announced that the United States will be imposing special duties on certain Chinese products in retaliation for claimed theft of U.S. intellectual property rights and the use of pressure and intimidation to obtain trade secrets. The proposed actions against China also included