News & Publications - Braumiller Law Group

USTR Use of Section 301 to Impose Tariffs on China

Another China Competition Bill: The Future of Section 301 Exclusions

By Adrienne Braumiller, Partner & Founder

The Trade Act of 1974 grants the President broad powers to manage trade relationships with foreign countries. Section 301 of the act allows the President, acting through the United States Trade Representative (“USTR”), to impose retaliatory tariffs on imports from a country if the USTR determines that country’s economic conduct “is unreasonable or discriminatory and burdens or restricts United States commerce.”

Key Legal Developments in 2023 Concerning United States Customs and International Trade

By Adrienne Braumiller, Partner & Founder, Harold Jackson, Associate Attorney, and Gavin Anderson, Braumiller Consulting Trade Advisor

Section 301 Tariffs on Chinese goods continues to be at the forefront of international trade relations with China and the United States. As part of the four-year review required under the relevant statute (19 USC § 2417), the United States Trade Representative (USTR) began a two-phase notice-and-comment period in May 2022.

Despite Geopolitical Tension…Can Robust Bilateral Trade Exist? Australia and China, a Good Example Perhaps

By Bob Brewer, Braumiller Law Group

It’s a little awkward, but in fact, a reality in this day and age that bilateral trade between two countries who view each other as somewhat adversarial, can co-exist economically. As the world turns, so does global trade, take Australia and China for the shining example.

Legal Framework Governing Foreign Direct Investment from the United States and Canada in Mexico

By Brenda Cordova, Braumiller Law Group Mexico Legal Counsel

A large number of companies considering relocating their business abroad have turned their eyes to Mexico, which has become an attractive place for investors to relocate their business, mainly because it is close to the United States and Canada (nearshoring), the labor costs are relatively low, the availability of IMMEX (maquiladora) program, and because there is a preferential treatment to originating goods and foreign investments from the United States and Canada that are protected under the USMCA, among other factors.

Driving You MAD – Customs Issues in Mergers Acquisitions & Divestitures

By Bruce Leeds, Senior Counsel, Braumiller Law Group

When one company buys another there are typically two ways the purchased company will be treated: (1) It will be incorporated into the parent company and will no longer exist as a separate entity. (2) It will become a separately incorporated subsidiary of the parent company and retain its IRS number.

Using CBP’s Enforcement Statistics to Assess Forced Labor Risk in the Supply Chain

By Jennifer Horvath, Partner and Harold Jackson, Associate Attorney at Braumiller Law Group

The U.S. continues to spearhead enforcement against imported goods that were made using forced labor, and public enforcement statistics can help your company assess risks of forced labor.

Buy American – Treatment of Preferences in the Federal Acquisition Regulations

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

This article provides an overview of federal procurement laws and how the Federal Acquisition Regulations (FAR) implement some of those commitments in government contracts. The FAR, found under 48 C.F.R. Part 25, comprises the list of rules governing procurement of products and materials by federal agencies for public use.

The CBP Forced Labor Expo: Spotlight on Forced Labor Compliance

By Adrienne Braumiller, Partner & Founder

U.S. Customs and Border Protection (CBP) held The Forced Labor Technical Expo: Tools for Supply Chain Transparency from March 14-15, 2023, which involved members of the U.S. importing community, partner government agencies, and non-governmental organizations.

World Trade and Invasion, One Year Later – Are We on the Brink of a New World Order?

By Bob Brewer, Braumiller Law Group

The UN General Assembly recently called once again for ending the war in Ukraine and demanded Russia’s immediate withdrawal from the country, in line with the UN Charter. To say the least, this obviously fell on totally deaf ears as Xi Jinping put on display in Moscow the limitless friendship and bonding with Putin, all while missiles continued to be fired into Ukraine in the scheduled daily barrage. Keep in mind, China’s trade with the U.S. and E.U. is 10xs that of Russia @ $1.62 trillion vs $190 million annually, making this recent visit a true head scratcher economically speaking on the surface.

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

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

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.

OMB Proposes Rule to Clarify Buy America Provision for Grants and Agreements

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

This article provides a brief analysis of the fundamental changes and clarifications to the Buy America requirements for federally-funded infrastructure projects that are currently proposed by the Office of Management and Budget (OMB), Made in America Office in a Federal Register Notice, “Guidance for Grants and Agreements, issued on February 9, 2023 (86 FR 8374).

Advanced Rulings on USMCA Origin

By Brenda Cordova, Braumiller Law Group Mexico Legal Counsel

A good that complies with the USMCA rules of origin may qualify for duty exemption when imported into the United States, Mexico or Canada. The document that certifies such compliance is the certification of origin. This certification includes information about the importer, exporter or producer, certifier, description and harmonized tariff code of the goods, origin criteria, blanket period and authorized signature and date. Completing it seems to be a simple task because such information appears to be relatively basic.

OFAC Enforcement Trends – Lack of Due Diligence in Mergers and Acquisitions

By Harold Jackson, Associate Attorney, Braumiller Law Group

With roughly 12,000 names now associated with the Specially Designated Nationals and Blocked Persons List (“SDN”),[1] layered sanctions on activities with Russia, and growing sanctions on China activities, U.S. sanctions have reached the forefront of U.S. government enforcement policy. On March 2, 2023,[2] the U.S. Department of the Treasury, Department of Commerce, and Department of Justice released a Joint Compliance Note, which is evidence that the three departments are coordinating to enforce U.S. sanctions and export controls, particularly those on Russia/Belarus activities.

Mexican Customs Regimes – Regimenes Aduaneros Mexicanos

By Brenda Cordova, Braumiller Law Group Mexico Legal Counsel

This article is aimed to briefly explain what is Mexican Customs regime, when and how it is used and why any party entering or extracting goods in or out of Mexico should be aware of its importance for compliance.

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

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.