By Bruce Leeds, Senior Counsel, Braumiller Law Group
A product has a country of origin of China, is not subject to China 301 duties and is eligible for USMCA benefits when imported from Canada – Whaaat!?
By Bruce Leeds, Senior Counsel, Braumiller Law Group
Canada has long enjoyed International Traffic in Arms Regulations (ITAR) license exemptions and minimal controls for items subject to the Export Administration Regulations (EAR). What about some of our other friends, such as Australia and United Kingdom? There are ITAR license exemptions for these countries in Parts 126.16 and 126.17 of the ITAR.
By Bruce Leeds, Senior Counsel, Braumiller Law Group
The First Sale Rule applies in circumstances such as the example above. A US company places an order with a middleman in the US. The middleman in turn subcontracts to a foreign supplier. The supplier then ships the product either to the middleman or to the original US company that placed the order, meaning either could be the importer of record. The entered value could be the amount on the original purchase order or the price paid by the middleman to the foreign supplier.
By Bruce Leeds, Senior Counsel, Braumiller Law Group
In April of this year U.S. Customs & Border Protection (CBP) issued Headquarters Ruling H330077. The ruling was in response to a protest filed by an importer that had a shipment of wearing apparel excluded from entry under a Withhold Release Order (WRO) at the port of Newark, NJ. The wearing apparel was processed from cotton produced in India, made into yarn and fabric in China, and converted to wearing apparel in Cambodia. None of the parties to the transaction were located in the Xinjiang Region of China.
By Bruce Leeds, Senior Counsel, Braumiller Law Group
U.S. Customs & Border Protection (CBP) published the Final Rule on continuing education for individual customs broker license holders in the Federal Register on June 23, 2023. This Final Rule made several changes to Part 111 of the Customs Regulations and imposed a continuing education requirement on individual license holders.
A good part of the background discussion in the Final Rule involved where to get the required educational hours and who is to provide them.
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.
By Bruce Leeds, Senior Counsel, Braumiller Law Group
The Directorate of Defense Trade Controls (DDTC) is continuing its project to revise and update the International Traffic in Arms Regulations (ITAR). Some of the changes are editorial and some are substantive. If you are affected by the ITAR or think you might be, you will need to stay on top of the changes because some (or all) may affect you.
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.
By Bruce Leeds, Senior Counsel, Braumiller Law Group
The Directorate of Defense Trade Controls (DDTC) is continuing its project to revise and update the International Traffic in Arms Regulations (ITAR). Some of the changes are editorial and some are substantive. If you are affected by the ITAR or think you might be, you will need to stay on top of the changes because some (or all) may affect you.
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.
Bruce Leeds discusses the changing landscape for customs brokers amid changes recommended by COAC (Commercial Customs Advisory Committee) which is an advisory committee to U.S. customs. The result are changes to modernize regulations through an overhaul of part 111 of the customs the regulations, including responsible supervision and control.
By: Bruce Leeds, Senior Counsel, Braumiller Law Group
Joe Compliance has an export control issue involving definition of some of the terms being used. Joe goes to the website of the Directorate of Defense Trade Controls (pmddtc.state.gov) and clicks on “Review the ITAR.” He opens Part 120 where the definitions are found.
By: Bruce Leeds, Senior Counsel, Braumiller Law Group
Some may be familiar with Open General Licenses (OGLs) used in the United Kingdom and some other countries. They allow export of dual-use, strategic and other controlled articles to specific destinations under certain conditions.
By: Bruce Leeds, Senior of Counsel
On Oct. 28, 2020, U.S. Customs and Border Protection (CBP) published an Advance Notice of Proposed Rulemaking on continuing education for individually licensed customs brokers. After receiving comments and feedback from the trade, CBP published a Notice of Proposed Rulemaking (NPRM) on this proposal on Sept. 10, 2021.
By: Bruce Leeds, Senior Counsel to Braumiller Law Group and George Alfonso, Of Counsel to Braumiller Law Group and President of Reigncore Lobbying
On behalf of our example, we’d like to introduce you to “Joe Compliance.” Imagine Joe Compliance is going through the International Traffic in Arms Regulations (ITAR) and notices license exemptions for Australia and the UK in Part 126.16 126.17.
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
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 Determining the country of origin of imported articles has become increasingly important in recent years. There
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
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trade law firm based in Dallas, TX, U.S.A. Braumiller
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