Article Library Archives - Page 8 of 26

Red Flags for Software and Sanctions – OFAC Enforcement Wells Fargo Case Study

April 5, 2023

By Harold Jackson, Associate Attorney, Braumiller Law Group

On March 30, 2023, Wells Fargo agreed to remit $30,000,000 to settle its penalty liability across multiple sanctions programs with U.S. Department of the Treasury’s Office of Foreign Asset Controls. Across several years, Wells Fargo and its predecessor in Europe, Wachovia Bank, provided software that was used to process transactions with U.S.-sanctioned jurisdictions and persons.

Court of International Trade (CIT) and USTR

China Section 301 Litigation:
CIT Issues Order: The Tariffs are Here to Stay

April 5, 2023

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

The long-awaited decision by the Court of International Trade (“CIT”) was not the outcome thousands of importer companies were hoping for. On March 17, 2023, the CIT determined that the United States Trade Representative (“USTR”) legally followed Section 307 of the Trade Act of 1974.

Russia remains one of the world’s top aluminum producers

Recent U.S. Actions Affecting Imports of Aluminum Products and More from Russia

April 5, 2023

By: Megan Mohler, Associate Attorney

With the signing of two recent Presidential Proclamations, the U.S. has chosen to take another hardline stance on Russia from an import perspective. Currently, Russia remains one of the world’s top aluminum producers, among other base metals and ore producers. This is troublesome for U.S. importers who still import base metals or derivative metal products from Russia, specifically aluminum.

Preferential Tariff Treatment (PTT) compliance

Origin Verification Procedures Under the USMCA

April 5, 2023

By Francisco de la Cruz, Braumiller Law Group Mexico Legal Counsel

The customs authority is empowered to verify whether a good imported into its territory under Preferential Tariff Treatment (PTT), complies with the rules of origin and other requirements set out in USMCA.

United States the E-1 International Trade Visa

The USA International Trade Visa – Does Your Company Qualify?

April 5, 2023

By Kalani Hawks Villafranca,
Managing Attorney – Hawks Villafranca Law

The U.S. immigration system can be both complex and tedious, but for anyone involved in international trade with the United States the E-1 International Trade Visa offers a swift and effective path to U.S. immigration status.

Should You File a Prior Disclosure in 2023?

February 5, 2023

By Adrienne Braumiller and Harold Jackson

2023 is more than a brand-new year – it is an opportunity for your company to prioritize supply chain and customs compliance. For some companies, this means filing a prior disclosure with U.S. Customs and Border Protection (CBP). Companies that are frequent importers are seriously considering disclosing entry violations under the condition that Customs will not issue civil penalties against them.

Doing Business with China Continues to Get More Difficult for U.S. Companies

February 5, 2023

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.

China and India trade with Russia at record levels

China and India, A Year Later, Post Invasion, Still Walking the Tightrope With the U.S. as They Continue to Set Records in Trade with Russia

February 5, 2023

By Bob Brewer, Braumiller Law Group

China’s trade with Russia hit a record $190 billion U.S. in 2022, key operative word “record.” China is setting a course to become Russia’s top trade partner and prove to the world just what the “no limits” partnership can produce. An additional “maybe some limits” friend to Russia among the world’s larger economies is India.

Exporting to Mexico

February 4, 2023

By Brenda Cordova, Braumiller Law Group Mexico Legal Counsel

This article covers some of the legal requirements that should be taken into consideration if your company is already exporting to Mexico or is considering doing so.

Revisions and updates to the International Traffic in Arms Regulations (ITAR)

Hot (or at least warm) Off the Press: Updates & Revisions to the ITAR

February 2, 2023

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.

Regenerative Finance (ReFi) is a growing Web3 field

Regenerative Finance (ReFi): Tokenizing Carbon Offsets and Incentives

February 1, 2023

By: James R. Holbein, Braumiller Law Group PLLC, Justin Holbein, Web3 Consulting LLC

Introduction to ReFi. Regenerative Finance (ReFi) is a growing Web3 field that offers an opportunity to rethink how we approach finance, investing, and sustainable economic development. ReFi takes a holistic approach to finance and development, considering the environmental, social, and economic impacts of financial decisions, and aims to create a regenerative economic ecosystem rather than following a primarily extractive approach.

That’s Not ‘Buy America’ Various Origin Requirements in the United States for Importers

February 1, 2023

By Harold Jackson, Associate Attorney, Braumiller Law Group

You’ve probably heard about the many recent changes to the “Buy America” and procurement rules, starting with Executive Orders in the late 2010’s under then President Trump, several sessions of Congress, and modifications by President Biden. These changes have prompted questions from importers. What is Buy America? What sort of waivers will, or will not, apply to my imported merchandise?

China Section 301 Litigation:
CIT Issues Order: The Tariffs are Here to Stay

February 1, 2023

New Rules for Customs Brokers – Bringing Your Brokerage into Compliance with the Modernized Part 111

December 9, 2022

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.

Is There Any Hope for Hong Kong to Regain its Special Trade Status with the U.S.? (It’s Officially Hong-China now)

December 9, 2022

By Bob Brewer, Braumiller Law Group

It seems like it was a couple decades ago, but it was only about 5 years that I was last in Hong Kong on business. I was staying at a very nice upscale hotel (plenty to choose from) directly across from a massive port, marveling at the operations that seemed to go 24/7 with the incoming ships stacked with a mountain of containers.

Can the U.S. Mitigate Digital Assets Fraud While Fostering Innovation?

December 9, 2022

By James Holbein, Of Counsel, Braumiller Law Group PLLC

This article will review the options the White House has outlined for regulation and oversight of the digital assets sector, based upon a set of reports issued in the last six months. The collapse in November 2022 of FTX, the second largest cryptocurrency exchange, has precipitated calls for better oversight for digital assets.

The Multi-Purpose Role of the U.S. Harmonized Tariff Schedule

December 9, 2022

By Mike Smiszek, Senior Trade Advisor, Braumiller Consulting Group

When goods are imported into the United States, the importer-of-record (IOR) must, with reasonable care, file an entry (CBP Form 3461) and entry summary (CBP Form 7501), or the electronic equivalents, with U.S. Customs and Border Protection (CBP). These documents are the IOR’s preliminary and final declarations about the nature and circumstances of the import transaction, and they tell the story of the transaction through more than forty data elements.

Defense Technology and Security Administration DTSA

U.S. Bill Introduced to Move Export Controls From Commerce to DTSA. Is This a Good Idea?

December 9, 2022

By Craig McClure, Senior Trade Advisor, Braumiller Consulting Group

On October 28, 2022, on the eve of the mid-term elections, a bill was introduced in the House that, unless you are an export control/compliance nerd, most would not have given it any thought. This bill, H.R. 9241, called the “Prioritizing National Security in Export Controls Act of 2022” was introduced by Representative Jim Banks, (R-Indiana) and co-sponsored by Robert Wittman, (R-Virginia), and Gregory Steube, (R-Florida).

Made in the USA Labeling Rule – What There is to Know About Increased Enforcement Within the Federal Trade Commission

December 8, 2022

By Jennifer Horvath, Partner, and Brandon French, Associate, BLG

The Federal Trade Commission (“FTC”) has recently begun placing more of an emphasis on Made in the USA (“MUSA”) labeling violations. A MUSA violation occurs when a company labels its product with “Made in the United States” or “USA Made Products,” among other similar phrases, when in fact the country of origin (“COO”) of the product is not the United States.

Update: Quartz Surface Products from China – New Certification Requirements for Shipments from Malaysia

December 8, 2022

By Paul Fudacz, Partner, Braumiller Law Group

On October 21, 2022, the Department of Commerce, International Trade Administration (The DOC) published its Final Scope Ruling on Malaysian Processed Quartz Slab. The DOC determined that imports of quartz slab manufactured in the People’s Republic of China (China) and processed in Malaysia are covered by the scope of the antidumping duty (AD) and countervailing duty (CVD).

Category: Article Library

Red Flags for Software and Sanctions – OFAC Enforcement Wells Fargo Case Study

China Section 301 Litigation:
CIT Issues Order: The Tariffs are Here to Stay

Recent U.S. Actions Affecting Imports of Aluminum Products and More from Russia

Origin Verification Procedures Under the USMCA

The USA International Trade Visa – Does Your Company Qualify?

Should You File a Prior Disclosure in 2023?

Doing Business with China Continues to Get More Difficult for U.S. Companies

China and India, A Year Later, Post Invasion, Still Walking the Tightrope With the U.S. as They Continue to Set Records in Trade with Russia

Exporting to Mexico

Hot (or at least warm) Off the Press: Updates & Revisions to the ITAR

Regenerative Finance (ReFi): Tokenizing Carbon Offsets and Incentives

That’s Not ‘Buy America’ Various Origin Requirements in the United States for Importers

China Section 301 Litigation:
CIT Issues Order: The Tariffs are Here to Stay

New Rules for Customs Brokers – Bringing Your Brokerage into Compliance with the Modernized Part 111

Is There Any Hope for Hong Kong to Regain its Special Trade Status with the U.S.? (It’s Officially Hong-China now)

Can the U.S. Mitigate Digital Assets Fraud While Fostering Innovation?

The Multi-Purpose Role of the U.S. Harmonized Tariff Schedule

U.S. Bill Introduced to Move Export Controls From Commerce to DTSA. Is This a Good Idea?

Made in the USA Labeling Rule – What There is to Know About Increased Enforcement Within the Federal Trade Commission

Update: Quartz Surface Products from China – New Certification Requirements for Shipments from Malaysia

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