By: Paul Fudacz, Partner, Braumiller Law Group It is well known going back to the founding of our country that exporting is the most beneficial form of commerce. One may note that there are tariffs on imports, but no tariffs on exports – our government doesn’t want to hinder a good thing. As a trade
Department of Commerce Announces General Approved Exclusions (GAEs) for Steel Articles Under the 232 Exclusions Process
By Paul Fudacz, Partner, Braumiller Law Group
The Grinch came early in 2020 with the introduction by the U.S. Department of Commerce of new steel licensing requirements that instruct importers to indicate the “country of melt and pour” on standard steel licenses imported after October 13, 2020, and also the introduction on December 14 of new certification requirements related to the Section 232 exclusion process.
By: Paul Fudacz, Partner, Braumiller Law Group
On September 11, 2020, the U.S. Department of Commerce International Trade Administration published a final rule modifying its regulations pertaining to the Steel Import Monitoring and Analysis (SIMA) System. These changes include requiring steel import license applicants to identify the country where the steel used in the manufacture …
Recent CBP Entry Summary Guidance for Pipe Spools from Multiple Countries of Origin – Shapes of Things to Come?
By: Paul Fudacz, Partner, Braumiller Law Group On March 24, 2020, U.S. Customs and Border Protection published Cargo Systems Messaging Service # 42133823 “Entry Summary Guidance for Pipe Spools from Multiple Countries of Origin” (the Message). The Message provided: Pipe spools are prefabricated components of a piping system consisting of various types of pipes, flanges,
By: Paul Fudacz, Partner, Braumiller Law Group U.S. Department of Homeland Security (DHS) data shows that between the years 2000 and 2018, seizures of counterfeit goods at U.S. borders have increased 10-fold, from 3,244 seizures per year to 33,810. In response to this surge, in April of last year, the Trump Administration published its Memorandum
By: Paul Fudacz, Senior Associate Attorney With the advent of the Section 301 tariffs, an issue that has been raised frequently is how to accurately determine the country of origin for Section 301 tariff purposes for goods imported from a NAFTA country. The NAFTA sets forth rules for determining the “country of origin” of products
New NAFTA? – What NAFTA Practitioners Can Expect Under the United States-Mexico-Canada Agreement (USMCA)
By: Paul Fudacz, Senior Associate Attorney, Braumiller Law Group, PLLC Many importers are aware that the United States, Canada, and Mexico have negotiated a replacement treaty for the North American Free Trade Agreement (NAFTA). The new agreement is called the United States-Mexico-Canada Agreement (USMCA) and was announced by President Trump on October 1, 2018.
Are My Goods of Chinese Origin? Update on Country of Origin Rules in view of the Section 301 Tariffs
By BLG Senior Attorney Paul Fudacz With the first round of Section 301 tariffs in place as of July 6, and with the second round of tariffs coming into effect August 23, many U.S. importers are paying more attention to the country of origin of their imported merchandise, especially when these products undergo final production
President Announces Updated Steps to Address China’s Trade Practices to Protect U.S. Technology and Intellectual Property
By Paul Fudacz, Senior Attorney BLG On May 29, 2018 President Trump updated the steps his administration initially announced in March related to trade actions designed to protect domestic technology and intellectual property from certain discriminatory and burdensome trade practices by China. The Chinese trade practices targeted relate to technology transfer, intellectual property, and innovation.
By Paul Fudacz, Senior Attorney As negotiators from Canada, Mexico and the United States prepare for the eighth round of NAFTA discussions, there is increasing pressure to reach a deal on a revised framework due to several impending deadlines, prompting U.S. Trade Representative Robert Lighthizer to press the NAFTA partners to conclude negotiations on a
By Paul Fudacz, Senior Associate Attorney, Braumiller Law Group U.S. domestic manufacturers of steel mill and aluminum products, as well as their consumer and importer counterparts, are waiting in anticipation for President Trump’s decision related to two Section 232 investigations into whether imports of steel and aluminum products are having a negative impact on U.S.
By Paul Fudacz, Senior Attorney, Braumiller Law Group Most trade professionals are quite familiar with the long-standing country of origin marking rules applicable to foreign produced goods imported and sold into the U.S., but many are not quite so familiar with the country of origin rules applicable to goods traded between the three NAFTA
On June 1, 2017, the United States International Commission (Commission) initiated a safeguard investigation under section 201 / 202 of the Trade Act of 1974 (‘‘the Act’’) to determine whether crystalline silicon photovoltaic (‘‘CSPV’’) cells (whether or not partially or fully assembled into other products) are being imported into the United States in such increased
In April, the Trump administration initiated an investigation under Section 232 of the Trade Expansion Act of 1962. Section 262 is titled “Safeguarding national security”, and the Act requires the Department of Commerce (Commerce), in coordination with the Department of Defense (DOD), to conduct an investigation to determine the “effects on national security of imports
Most trade compliance professionals are aware of CBP’s ruling program, but many are not sure when it is appropriate to seek a customs ruling, exactly how to go about obtaining a customs ruling, and what types of issues are covered under the ruling program. A general principle under customs laws and regulations is that an
By: Paul Fudacz, Senior Attorney In June 2014, the Bureau of Customs and Border Protection (CBP) announced the Trusted Trader Pilot Program, described as a holistic cargo and conveyance security and compliance program designed to unify the supply chain security aspects of the Customs-Trade Partnership against Terrorism (C-TPAT) program, and the internal controls of the
By: Paul Fudacz, Senior Attorney Many trade compliance professionals have a general understanding of the De minimis rule found under NAFTA Note 12(f)(i) and 12 (f)(ii), which can be applied in certain cases to qualify a good as originating when the good otherwise fails to qualify on a tariff shift or RVC basis. The 12(f)(i)
By: Paul Fudacz, Senior Attorney On May 26, 2016, the United States International Trade Commission (USITC) initiated an investigation under 19 U.S Code Section 1337 – Unfair practices in import trade, (“section 337”) directed at certain carbon and alloy steel products from China, Investigation No. 337-TA-1002. Under section 337, the USITC determines whether there is
By: Paul Fudacz, Senior Attorney Over the past two years, two major developments occurred that further defined the extent the government can seek to impose personal liability on individuals engaged in international trade transactions absent a showing of actual fraud. The first was the U.S. Court of Appeals for the Federal Circuit decision in United
By: Paul Fudacz, Senior Attorney Both the Federal Trade Commission (FTC) and the U.S. Customs and Border Protection (CBP) have regulatory authority related to the use of country-of-origin claims. While CBP regulates marking requirements related to foreign-origin markings on imported products (e.g., “Made in China”), the FTC regulates claims of U.S. origin such as “Made