Article Library Archives - Page 6 of 26

Parallel Imports, A Global Phenomenon, And a Very Grey Area Regarding International Trade

February 5, 2024

By Bob Brewer, Braumiller Law Group

At the core of the definition, a Parallel import is a non-counterfeit product imported from another country without the permission of the intellectual property owner. They are also goods that are not authorized for importation into the U.S. It’s a global phenomenon, a very grey area, and their presence varies across different parts of the globe.

Maximizing Duty Savings Series Leveraging Bonded Warehouse and Foreign Trade Zones

February 5, 2024

By: Kerry Wang, Senior Associate, Braumiller Law Group

Consider this scenario: a client faced the challenge of deferring duty payments while managing a significant volume of imports destined for re-exportation from the U.S. Initially considering duty drawbacks, which proved unsuitable for their specific needs, we turned our attention to bonded warehouses and free trade zones. This scenario is not uncommon in the trade world and highlights a critical decision point for many businesses: choosing between a bonded warehouse and a Foreign Trade Zone (FTZ).

What is the “First Sale” Rule and How Does it Affect Me?

February 5, 2024

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.

Assessing the Benefits and Challenges of Tokenizing Real World Assets

February 5, 2024

By: James R. Holbein, Of Counsel and Justin Holbein

The world of cryptocurrencies on blockchains and the world of traditional assets in markets have often stood in stark contrast to one another since Bitcoin’s creation in 2008. The lack of a reliable bridge between these two worlds has limited the impact of cryptocurrencies on assets in the real-world outside of on-chain speculation and prevented adoption of the benefits that blockchain technologies can bring to real world processes.

Taiwan, Invasion & Trade, Part 2

February 5, 2024

By: Victoria Holmes, Braumiller Law Group
President elect Lai Ching-te’s victory in Taipei ignited tensions across the Taiwan strait and now the geopolitical field waits to see if China will kick off World War Three. I’m only slightly joking, but Beijing has exerted diplomatic pressure on nations maintaining close ties with the island in the past and Taiwan’s decision to remain a democracy will no doubt ramp up China’s reunification process in the coming months. But how will that affect trade relations?

USTR’s Federal Register Notice (FR 88 90225)

January 22, 2024

On December 29, 2023, the United States Trade Representative issued Federal Register Notice (FR 88 90225), Extension of Exclusions and Request for Comments: China’s Acts, Policies and Practices Related to Technology Transfer, Intellectual Property and Innovation. The FR Notice indicated that the USTR determined to extend 352 previously reinstated exclusions and 77 COVID related exclusions for five months, through May 31, 2024.

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.

U.S. Trade, Nearshoring & China
Mexico is Becoming a Popular Manufacturing Destination

November 8, 2023

By Bob Brewer, Braumiller Law Group

The implementation of trade policies in what many consider acts of protectionism and manipulation are the norm, and of course China and the U.S. are a prime example. Solutions include nearshoring, reshoring, and protectionism. It’s complicated, so for the purpose of this article, let’s stick with nearshoring.

Any Comments on FDA’s New Proposed Rule on Prior Notice Regulations?

November 8, 2023

By: Vicky Wu, Partner, and Brandon French, Associate, Braumiller Law Group

On November 1, 2023, FDA issued a proposed rule that would make changes to its prior notice regulations, if the rule is finalized. These changes include requiring the name of the mail service and a mail tracking number to be provided in prior notice for food articles arriving by international mail. In addition, the FDA proposes that food facility registration information and prior notice be submitted within a specific timeframe after receiving certain notices of refusal or hold (“post-refusal” and “post-hold” submissions).

New Antidumping and Countervailing Duty Investigation Initiated Covering Aluminum Extrusions from 15 Countries

November 8, 2023

By Paul Fudacz, Partner, Braumiller Law Group

On October 4, 2023, A coalition of 14 U.S. aluminum extrusion producers and labor unions filed petitions before the Department of Commerce, International Trade Administration (Commerce) and the International Trade Commission (ITC) seeking to impose antidumping (AD) and countervailing duties (CVD) on aluminum extrusions produced in 15 countries and exported to the U.S.

Legal Framework Governing IMMEX Operations

November 8, 2023

Brenda Cordova, Mexico Attorney, Braumiller Law Group

As we have previously explained in other articles, an IMMEX is a duty deferral program from the Mexican federal government created in 2006, which stands for Industria Manufacturera, Maquiladora y de Servicios de Exportación (Manufacturing, Maquiladora and Export Services Industry).

Overview of BIS’s Interim Final Rules, Export Controls for Advanced Computing, Supercomputing, and Artificial Intelligence

November 8, 2023

By: Megan Mohler, Associate Attorney

On October 25, 2023, the Bureau of Industry and Security (“BIS”) published interim final rules amending the Export Administration Regulations (“EAR”) to add/clarify new controls on semiconductor manufacturing equipment (“SME”), advanced computing integrated circuits (“IC”), and computer commodities containing them.

Challenges Ahead! – Requesting to be Excluded From the Xinjiang Exclusions

November 8, 2023

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.

OMB Issues Final Rule for Infrastructure Buy America Preferences

November 8, 2023

By: James R. Holbein, Of Counsel and Harold Jackson, Associate Attorney

The Office of Management and Budget (“OMB”), Made in America Office issued a Final Rule to clarify the Build America, Buy America Act (“BABA”) provisions of the Infrastructure Investment and Jobs Act4 (“IIJA”) and to clarify existing provisions related to domestic preferences. The Final Rule amends Title 2 of the Code of Federal Regulations (“CFR”), subtitle A, chapter I by adding a new Part 184 to support implementation of BABA. OMB also amended 2 CFR 200.322 to clarify existing provisions within part 200. According to OMB, the Final Rule “is intended to improve consistency in the implementation of BABA requirements across the Federal Government.”5 The Final Rule will take effect October 23, 2023.

International Trade Compliance Consultants and The Value Proposition

November 8, 2023

By: Linnea Deeds, Braumiller Consulting Group

Maximizing value is crucial when companies contemplate bringing on external support for any organizational function. While a company may consider several value categories, this article explores five primary categories – productivity, profitability, image, experience, and convenience. By maintaining a value proposition mindset when requesting consultant resources, selecting consultants, and working with consultants, trade compliance professionals leverage the benefits of external experts.

The Domino Effect: What Would an Invasion of Taiwan Mean for Global Trade

November 8, 2023

By: Victoria Holmes, Braumiller Law Group
Tensions are escalating in the South China Sea, a vital maritime route for international trade. Taiwan remains at the center of this conflict and in an increasingly interconnected world, the prospect of a Taiwan invasion has far-reaching implications for global trade and geopolitics. It’s becoming even more crucial to understand the potential repercussions of such an event on the global economy as a potential invasion from China becomes increasingly more likely.

Employee Education in Compliance Training

November 8, 2023

By: Linnea Deeds, Braumiller Consulting Group

Employee education supports organizational growth and development. Its benefits are generally well known, but how do you ensure that training, in any form, generates the outcomes and advances you desire? Measuring and benchmarking success can be especially difficult when creating customized training programs, which are often needed for international trade compliance topics.

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.

Taiwan – U.S. 21st Century Trade Initiative, More Than Just a Trade Agreement. A Statement to Beijing Perhaps

August 4, 2023

By Bob Brewer, Braumiller Law Group

A little over a year ago on June 1, 2022, the United States and Taiwan launched the United States-Taiwan Initiative on 21st-Century Trade to deepen their economic ties and trade relationship, and advance mutual trade priorities based on shared values, promoting innovation, and economic growth for workers and businesses. About 2 months ago the agreement was made official.

CAFC Refuses to Reverse CIT Decision on Reliquidation Order, Target, Home Products Litigation

August 4, 2023

By Jennifer Horvath, Partner at Braumiller Law Group

This article examines Target Corporation v. United States, Slip Op. 23-106 (Ct Int’l Trade July 20, 2023), a recent ruling by the Court of International Trade (CIT) and its implications on liquidation matters. The court granted the government’s request to dismiss Target’s case, which aimed to invalidate a CIT order instructing Customs and Border Protection (CBP) to reliquidate Target’s metal-top iron tables at a higher dumping rate.

Category: Article Library

Parallel Imports, A Global Phenomenon, And a Very Grey Area Regarding International Trade

Maximizing Duty Savings Series Leveraging Bonded Warehouse and Foreign Trade Zones

What is the “First Sale” Rule and How Does it Affect Me?

Assessing the Benefits and Challenges of Tokenizing Real World Assets

Taiwan, Invasion & Trade, Part 2

USTR’s Federal Register Notice (FR 88 90225)

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

U.S. Trade, Nearshoring & China
Mexico is Becoming a Popular Manufacturing Destination

Any Comments on FDA’s New Proposed Rule on Prior Notice Regulations?

New Antidumping and Countervailing Duty Investigation Initiated Covering Aluminum Extrusions from 15 Countries

Legal Framework Governing IMMEX Operations

Overview of BIS’s Interim Final Rules, Export Controls for Advanced Computing, Supercomputing, and Artificial Intelligence

Challenges Ahead! – Requesting to be Excluded From the Xinjiang Exclusions

OMB Issues Final Rule for Infrastructure Buy America Preferences

International Trade Compliance Consultants and The Value Proposition

The Domino Effect: What Would an Invasion of Taiwan Mean for Global Trade

Employee Education in Compliance Training

DHS Audit of CBP’s Centers of Excellence and Expertise Yields Evidence of Mismanagement

Taiwan – U.S. 21st Century Trade Initiative, More Than Just a Trade Agreement. A Statement to Beijing Perhaps

CAFC Refuses to Reverse CIT Decision on Reliquidation Order, Target, Home Products Litigation

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