News & Publications - Braumiller Law Group

Forced Labor Questionnaires: Another Helpful Hint

By: Adrienne Braumiller, Partner & Founder and Gavin Andersen, Trade Advisor

In February 2024, Customs and Border Protection (CBP) began taking a new approach to Uyghur Forced Labor Prevention Act (UFLPA) enforcement—questionnaires. Once again, the solar industry is among the first targets, vanguards among importers, hacking their way through new regulatory growth, hopefully exposing a clear way through for all who follow. Active enforcement mechanisms like questionnaires—and the Forced Labor Enforcement Task Force (FLETF) itself—are still evolving.

BIS Updates Freight Forwarder Guidance And Best Practices

By: Adrienne Braumiller, Founder of Braumiller Law Group

The Bureau of Industry and Security (BIS) has recently published a guidance document on its new website aimed at helping freight forwarders and exporters uphold compliance with U.S. export controls and regulatory requirements. The document emphasizes the significant role that freight forwarders play in securing the global supply chain and preventing the proliferation of illegal exports.

Maximizing Duty Savings Series –Section 321 Duty Exemptions or De Minimis Exemptions

By: Kerry Wang, Senior Associate, Braumiller Law Group

Welcome to the second installment in our series on duty-saving strategies. After discussing the utilization of Foreign Trade Zones and Bonded Warehouses in our previous article, we now turn to Section 321, a topic of significant importance and, as you’ll see, considerable debate.

De Minimis An Ever-Growing Problem of De Maximus ProportionDe Minimis

By Bob Brewer, Braumiller Law Group

De minimis is a term that refers to a threshold below which certain goods are exempt from import duties or taxes. However, in the landscape of international trade, it has become a contentious issue for the United States. Those “bad actors”, and even some, not so bad, but willing to take advantage of a loophole have found a way around the tariffs. This so-called loophole of allowing goods with a fair retail value of $800 or less to enter the U.S. without paying an import tariff has become a monster that Customs needs to find a way to deal with conclusively.

The Importance of Pedimento Codes for the IMMEX Customs Regime

By: Brenda Cordova, Mexico Attorney, Braumiller Law Group

In Mexico, a customs regime is the destination or treatment for goods subject to customs control in accordance with the nature and purposes of a customs operation. Companies with an IMMEX program may perform operations under the so-called customs regime of “temporary importation for elaboration, transformation or repair under a maquila program”. This name by itself implies several facts to consider.

The Unsung Hero of Trade: Why CTPAT Matters

By: Judy Davis, Braumiller Consulting Group
In the ever-changing world of trade, where predicting the future is a constant challenge, looking back at the past decade offers valuable insights into the evolution of the supply chain and the tools that have developed to contribute to efficiency and security.

Evolving Legal Norms for Artificial Intelligence in the European Union and the United States

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

Artificial Intelligence (AI) has been a hot topic for the last 2-3 years for politicians, technologists, and many people in civil societies globally. The use of the technology has obvious benefits for increasing productivity and value produced by businesses and organizations, along with dangers from misuse, such as deep fake propaganda and serious security risks. Two recent efforts to develop legislation addressing AI technology offer an opportunity to compare and contrast the differing approaches in the European Union (EU) and the United States (US).

Aluminum Extrusions II – Scope Modifications Proposed, Dept. of Commerce Questioning Manageability

By Paul Fudacz, Partner, Braumiller Law Group

Since the last update on the AD / CVD aluminum extrusions investigation (dubbed Extrusions II) in what appears to be a response to strong opposition from trade industry groups, legislators, governments, and other interested parties, as well as dubious signals from the Department of Commerce, (Commerce) the Petitioners in the ongoing Aluminum Extrusions investigation have proposed modifications to the scope of the investigation.

The Nexus of Trade and Food Security Amid Global Conflicts

By: Victoria Holmes, Braumiller Law Group
The intricate interplay between trade and food security has emerged as a vital global issue, one that is closely interwoven with the tapestry of international conflicts and political instability. Remember the 2019 pandemic when toilet paper supply chains were interrupted? Now imagine that on a much larger scale with basic food staples like rice, wheat or corn.

La importancia de las Claves de Pedimento en el Régimen Aduanero de las IMMEX

Por: Brenda Cordova, Mexico Attorney, Braumiller Law Group

En México, un régimen aduanero es el destino o tratamiento que se da a los bienes objeto de control aduanero de conformidad con la naturaleza y propósitos de una operación aduanera. Las empresas con un programa IMMEX pueden realizar operaciones al amparo del régimen aduanero llamado “importación temporal para elaboración, transformación o reparación en programas de maquila”.

BIS Unveils Enhanced Voluntary Self Disclosure Protocols

By: Adrienne Braumiller, Founder of Braumiller Law Group

On January 16, 2024, the Bureau of Industry and Security (BIS) under Assistant Secretary for Export Enforcement, Matthew Axelrod, disclosed significant enhancements to the process for Voluntary Self-Disclosures (VSDs) related to the Export Administration Regulations (EAR). These adjustments are strategically designed to streamline export control compliance for U.S. governmental bodies, the commercial sector, and academic entities.

Who is the Importer of Record: Security Interests and the Right to Act As IOR

By: Adrienne Braumiller, Partner & Founder and Gavin Andersen, Trade Advisor
Last June (2023), in response to a ruling request from Your Special Delivery Services Specialty Logistics (YSDS), Customs and Border Protection (CBP) issued HQ H324098, clarifying what it means to be an “owner or purchaser” with sufficient financial interest to act as importer of record (IOR).

Suspensión del Padron de Importadores

Por Brenda Cordova, Mexico Attorney, Braumiller Law Group

Uno de los requisitos más importantes para importar mercancías a México es estar registrado como importador en el registro de importadores mexicanos. Hay 2 tipos de registros para importadores, uno es para importadores generales (Padrón de Importadores) y el otro es para importadores de sectores industriales específicos (Padrón de Importadores de Sectores Específicos) que pueden importar mercancías identificadas por el código arancelario MX (es decir, productos químicos, armas de fuego, puros, calzado, textiles, alcohol, hidrocarburos, siderurgia, automoción, etc.). Generalmente, estos 2 registros son listados con información de personas y entidades autorizadas para importar mercancías a México.

Suspension of Mexican Importer Registration (Padron de Importadores)

By: Brenda Cordova, Mexico Attorney, Braumiller Law Group

One of the most important requirements for importing goods into Mexico is to be registered as an importer under the Mexican importer’s registry. There are 2 types of registries for importers, one is for general importers (Padron de Importadores), and the other is for importers of specific industry sectors (Padron the Importadores de Sectores Especificos) which may import goods identified by the MX tariff code (i.e. chemical products, firearms, cigars, footwear, textiles, alcohol, hydrocarbons, steel, automotive, etc.). Generally, these 2 registries are lists with information of individuals and entities authorized to bring goods into Mexico.

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

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.