News & Publications - Braumiller Law Group

USMCA Joint Review Process Part 1

By: Adrienne Braumiller, Founder of Braumiller Law Group and Gavin Andersen, Senior Trade Advisor, Braumiller Consulting Group and Law Clerk

This is the first of a three-part series about the USMCA joint review process, focusing on China, Mexico, and competing visions of a “worker-centered” trade policy. Part one introduces the USMCA joint review process and explores how US trade policy would likely operate during Trump’s second term. Part two outlines some of the major trade issues that will be on the table during joint review, focusing on the Mexico-US relationship, and anticipates Harris’s likely approach to trade policy. Part three offers a critique of the worker-centered trade policy developed under the Biden administration, presents an alternative, and suggests new avenues for multi-stakeholder participation that Harris’s approach might create.

Coming Soon: A New Polar Icebreaker Competition in the Arctic Region for Trade Route Supremacy

By Bob Brewer, Braumiller Law Group

The US, Canada, and Finland are launching a joint partnership to build more ice-breaking ships to compete with China and Russia in Arctic. Sad but true, here we go again. Whether it’s the South China sea, or even the moon, there will be territorial disputes to challenge ownership where no ownership should actually exist. The pact aims to produce a fleet of ice-breaking ships to display a posture of power in the polar regions and enforce international norms and treaties.

A Head Scratcher

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!?

Using a Contract Review Checklist for Commercial International Trade Contracts

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

In the complex world of commercial international trade, contracts serve as the foundation for successful transactions. A well-prepared contract review checklist provides a basis for lawyers to ensure that all necessary terms and conditions are covered, protecting all parties involved. This article outlines the essential components of a contract review checklist related to goods in international trade. The goal is to provide a structured approach to reviewing and drafting contracts, beyond the basics of INCOTERMS.

New Presidential Proclamations – Section 232 Duties on Certain Steel and Aluminum Products from Mexico

By Paul Fudacz, Partner, Braumiller Law Group and Senior Associate Attorney Megan Mohler

On July 10, 2024, the President issued two Presidential Proclamations related to the imposition of Section 232 duties on certain steel and aluminum products from Mexico. The first establishes a “melt and pour” requirement for imports of steel articles that are products of Mexico and will increase the section 232 duty rate for imports of steel articles and derivative steel articles that are products of Mexico that are melted and poured in a country other than Mexico, Canada, or the United States.

BRICS – Shaping the Future of Global Finance and Investment

By: Victoria Holmes, Braumiller Law Group
Imagine a world where five powerhouse nations are redefining the global economic landscape. BRICS—an acronym for Brazil, Russia, India, China, and South Africa—is not just a coalition of emerging markets; it is a formidable alliance shaping the future of global finance and investment. You can read about the coalition’s attempt to unseat the US dollar in our previous newsletter.

The Trade Powerhouse: Analyzing Texas’ Role in Global and National Trade

By: Victoria Holmes, Braumiller Law Group
Texas isn’t just celebrated for its breathtaking landscapes and rich history—it’s a dynamic powerhouse in international and interstate trade. As the second-largest state in the U.S., Texas capitalizes on its strategic location, diverse economy, and vast infrastructure to fuel an extraordinary flow of goods and services. If Texas was a country, it would be ranked as the eighth- largest economy in the world, ahead of both Canada and Russia.

Navigating the Hurdles: Challenges of Conducting an Annual CTPAT Security Review

By: Judy Davis, Senior Trade Advisor, Braumiller Consulting Group
The Customs-Trade Partnership Against Terrorism (CTPAT) program can offer a fast thoroughfare for international trade. But navigating the annual security audits that ensure CTPAT compliance can feel like a maze. Don’t worry, we’ve got you covered! Let’s explore some common hurdles faced during CTPAT security audits, along with practical tips to simplify the process.

A Day in the Life of a Trade Compliance Manager: A Corporate Parable

By Mike Smiszek, Senior Trade Advisor, Braumiller Consulting Group

A fly on the wall at an executive retreat for Acme Super Duper Widget Company overhears the following conversation between Pete, the CFO, and Saira, the General Counsel.

Judicial Deference in Customs Litigation

By Mike Smiszek, Senior Trade Advisor, Braumiller Consulting Group

One of the most anticipated decisions of the Supreme Court’s recent term was Loper Bright Enterprises v. Raimondo. While the specific underlying dispute in Loper Bright isn’t relevant to the trade community—did fishermen have to pay for government-mandated observers on their vessels?—the Court used this case to overturn the broadly applicable judicial deference test established in 1984 in Chevron U.S.A. Inc., v. Natural Resources Defense Council.

Level-Up Your CTPAT Portal

The CTPAT portal has been a work in progress for a number of years with the latest portal update (3.0) launched at the end of 2023. Let’s take a few minutes to explore a few strategies for best outcomes while avoiding common challenges and the SCSS response request for “more information”.

New Legislation Extends Statute of Limitations for Sanctions Violations

By: Adrienne Braumiller, Founder of Braumiller Law Group

Recently, President Biden signed a foreign military support bill (H.R. 815) into law, which also encompassed the 21st Century Peace Through Strength Act (the Act), a legislative proposal introduced in the House containing various U.S. sanctions-related measures. These sanctions measures extended the statute of limitations (“SOL”) from five to ten years for civil and criminal violations of sanctions programs administered by the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”).

BRICS–A Focus on De-Dollarization and Global Expansion

By Bob Brewer, Braumiller Law Group

The new world order apparently has some merit as more than 30 nations have reportedly submitted applications to join the BRICS alliance wanting to reduce reliance on the US dollar. This wave of applications is a testament to the trust in the BRICS alliance as a viable option to a traditional economic structure. The BRICS alliance has broad shoulders and is representative of considerable economic growth.

Tariffs and Trade

By: Robert Stein, Braumiller Consulting Group

“Those who cannot remember the past are condemned to repeat it.” – George Santayana. As an example of this I present to you the Smoot-Hawley Tariff Act of 1930. If you are not familiar with this, it is worth taking a moment to research. The parallels to the current situation with trade and increasing tariffs are uncanny and likely to continue, regardless of who is elected President later this year.

Summary of the Findings of the USTR Four-Year Review of Actions Taken in the Section 301 Investigation

By: James R. Holbein, Of Counsel and Brandon French, Senior Associate Attorney

On May 14, 2024, the United States Trade Representative (USTR) released its Final Report relating to the four-year review of actions taken in the Section 301 investigation. Within the Report, the USTR confirmed that it intends to take actions to raise tariffs on specific products as a result of the comprehensive review.