Latest Update on Section 301 Litigation

By: Adrienne Braumiller, Founding Partner, Braumiller Law Group On June 1, 2021, the U.S. Government, in the ongoing Court of International Trade (“CIT”) litigation over List 3 and List 4A Section 301 tariffs on certain imports of Chinese products, filed a Motion to Dismiss for the “failure to state a claim” and, alternatively a Motion to Grant Judgment on the agency record. The Department of Justice (“DOJ”) filed its dispositive motion to strengthen its opposition to issue refunds on List 3 and List 4A duties paid by thousands of importers. Broadly, the DOJ’s asserts that the actions that plaintiffs challenge

Read More »

A Beginners Guide to Exporting – Resources for Growth

By: Paul Fudacz, Partner, Braumiller Law Group It is well known going back to the founding of our country that exporting is the most beneficial form of commerce.  One may note that there are tariffs on imports, but no tariffs on exports – our government doesn’t want to hinder a good thing. As a trade compliance attorney, the first thought that comes to mind when you hear the word “export” is controls, i.e., what products are restricted for export from the U.S., or what countries are we not supposed to do business with.  While export control compliance is extremely important,

Read More »

The Case for Global Trade Compliance

By: Mike Smiszek, Senior Trade Advisor, Braumiller Consulting Group Holistic is a word rarely associated with the highly regulated world of global trade compliance, but it’s an apt word to describe a successful compliance program.  According to the Oxford English Dictionary, holistic means “characterized by comprehension of the parts of something as intimately interconnected”.  In the grand scheme of corporate governance, a successful trade compliance program will look holistically at all aspects of trade compliance as interconnected parts of a larger machine.  A smart trade compliance professional (TCP) like you understands that compliance doesn’t just magically happen—you understand that every

Read More »

Digital Blockchain Services Bolster Supply Chains

By: James R. Holbein, Of Counsel, Braumiller Law Group Introduction:  Blockchain is a transformative new technology, like artificial intelligence (AI), big data analytics, machine learning and Internet of Things (IoT) innovations.  In the popular press there is a lot of turmoil concerning cryptocurrency, a type of blockchain-enabled investment. The volatility of cryptocurrency is well known. You can make a killing, you can lose your shirt, regulators fear it; the risk is real when investors speculate with cryptocurrency. I believe that the concerns surrounding speculation with cryptocurrency hinder the broader conversation about the base technology, blockchain. Blockchain technology has the potential

Read More »

A Primer on U.S. Sanctions and Export Controls – Part II

By: Devin Sefton, Senior Associate Attorney, Braumiller Law Group The ever-shifting sands of U.S. sanctions and export controls can make it challenging to know the current restrictions that exist with respect to a given country.  With each new administration comes newly imposed restrictions and newly lifted restrictions.  This problem was particularly exacerbated by the 180-degree pivot taken between the Obama and Trump Administrations.  Meanwhile, the Biden Administration has stayed the course on some Trump Administration policy measures, while changing direction on others.   This article aims to provide a simple overview of the current state- of- affairs with respect to some

Read More »

The Quad and International Trade? The U.S., Australia, Japan and India

By: Bob Brewer, Braumiller Law Group When the “Big Bully” is also your best friend, economically speaking, and metaphorically speaking, they are paying for your lunch, but at the same time are slapping you around on the playground…do you hit back, or just take it on the chin? You need your lunch, as you have to eat. You and your three other playground friends, call yourselves The Quad, (The U.S., Australia, India and Japan) which sounds semi-menacing, (superhero capes included) but keep in mind, the rest of the kids on the playground are always watching to see how you deal

Read More »

2022 Harmonized System Nomenclature – Any Significant Changes?

By: Brandon French, Associate Attorney, BLG The new 2022 Harmonized System (HS) nomenclature has been accepted by all parties at the Harmonized System Convention. The HS nomenclature is used as a basis for the classification of goods around the globe. Every six months, the HS Committee of the World Customs Organization (WCO) meets to discuss potential changes in the HS. These changes are often due to advancements in technology, or other important factors such as difficulty classifying items due to their unique features which were not otherwise described in the tariff schedule. All changes are compiled over a five year

Read More »

HTS Classification Mistakes Before Customs Comes Knocking

By: Bob Brewer, Braumiller Law Group & Brad Menard, VP of Braumiller Consulting Group It’s a fact of life in international trade, many shipments, on a daily basis, arrive at ports in the U.S. with the wrong tariff classification code assigned to the product. No big deal? Not quite, and I can tell you this, from the legal side of our 2 companies, (Braumiller Law & Braumiller Consulting) we end up putting out a lot of fires for clients when Customs comes knocking as a result of having discovered this after the entry is filed. In our experience, decades in

Read More »

Fifth Circuit Reverses Office Manager’s Conviction for Failure to Prove Willfulness under Healthcare Fraud and Anti-Kickback Statutes

Attorney Sarah Wirskye,  Wirskye Law Firm, BLG Alliance  In United States v. Nora, 18-31078 (5th Cir. Feb. 24, 2021), the Fifth Circuit reversed a conviction and 40-month sentence in a healthcare fraud case. The jury found Nora guilty of conspiracy to commit healthcare fraud, and conspiracy to violate the anti-kickback statute. Twenty-one defendants were indicted, and five individuals went to trial. The other four trial defendants’ convictions were affirmed. Nora, a high school graduate, earned no more than $60,000 per year as the office manager for Abide Home Health Care Services. His duties were central to the fraud and kickback scheme,

Read More »

A Southern Border Perspective

By: Judy Davis, Senior Trade Advisor, Braumiller Consulting Group Whether you move goods via trucks, trains, planes, or cargo ships, it is essential that you begin to view the shipment of goods in terms of security for the entire journey. Cross-border shipping is on the rise according to Customs and Border Protection (CBP), and adjustments at border bridges are being  managed as fast as they can be approved.  Being a CTPAT (Customs Trade Partnership Against Terrorism) certificated participant is in  large part an advantage to keeping cargo moving smoothly through the ports of entry, in particular along the Southern border.

Read More »

Post-Brexit International Strategy: Freeports EU Series of Articles

By: Joaquin Pampin-Galan, U.S. Customs and International Trade Paralegal/Spain Attorney, Braumiller Law Group Free Trade Zones (“FTZ”) are being introduced into the United Kingdom (“UK”) as part of the post-Brexit landscape. In a measure aimed at developing the UK’s trade strategy, the Government announced the creation of eight new freeport zones in England. The selected locations are East Midlands Airport, Felixstowe & Harwich, Humber, Liverpool City Region, Plymouth, and South Devon, Solent, Teesside, and Thames. These freeports are expected to be fully operational in late 2021. Discussions are also being held between the UK Government and foreign officials to establish further

Read More »

Navigating the Export Controls on Semiconductors

By Bruce Leeds, Senior Counsel, Braumiller Law Group Determining what export controls apply to semiconductor devices can be a challenging task.  Most controls on semiconductor devices are found in Export Commodity Classification Number (ECCN) 3A001 of the Commerce Control List (CCL) in the Export Administration Regulations (EAR).  That ECCN has nearly 16 pages of detailed controls on many types of semiconductors.  Classifying articles in that category and determining what licenses or exceptions may apply is not easy. First things first: Make sure the semiconductors to be exported are not subject to the International Traffic in Arms Regulations (ITAR).  If the

Read More »

Latest Update on Section 301 Litigation

By: Adrienne Braumiller, Founding Partner, Braumiller Law Group On June 1, 2021, the U.S. Government, in the ongoing Court of International Trade (“CIT”) litigation over List 3 and List 4A Section 301 tariffs on certain imports of Chinese products, filed a Motion to Dismiss for the “failure to state a claim” and, alternatively a Motion to Grant Judgment on the agency record. The Department of Justice (“DOJ”) filed its dispositive motion to strengthen its opposition to issue refunds on List 3 and List 4A duties paid by thousands of importers. Broadly, the DOJ’s asserts that the actions that plaintiffs challenge

Read More »

A Beginners Guide to Exporting – Resources for Growth

By: Paul Fudacz, Partner, Braumiller Law Group It is well known going back to the founding of our country that exporting is the most beneficial form of commerce.  One may note that there are tariffs on imports, but no tariffs on exports – our government doesn’t want to hinder a good thing. As a trade compliance attorney, the first thought that comes to mind when you hear the word “export” is controls, i.e., what products are restricted for export from the U.S., or what countries are we not supposed to do business with.  While export control compliance is extremely important,

Read More »

The Case for Global Trade Compliance

By: Mike Smiszek, Senior Trade Advisor, Braumiller Consulting Group Holistic is a word rarely associated with the highly regulated world of global trade compliance, but it’s an apt word to describe a successful compliance program.  According to the Oxford English Dictionary, holistic means “characterized by comprehension of the parts of something as intimately interconnected”.  In the grand scheme of corporate governance, a successful trade compliance program will look holistically at all aspects of trade compliance as interconnected parts of a larger machine.  A smart trade compliance professional (TCP) like you understands that compliance doesn’t just magically happen—you understand that every

Read More »

Digital Blockchain Services Bolster Supply Chains

By: James R. Holbein, Of Counsel, Braumiller Law Group Introduction:  Blockchain is a transformative new technology, like artificial intelligence (AI), big data analytics, machine learning and Internet of Things (IoT) innovations.  In the popular press there is a lot of turmoil concerning cryptocurrency, a type of blockchain-enabled investment. The volatility of cryptocurrency is well known. You can make a killing, you can lose your shirt, regulators fear it; the risk is real when investors speculate with cryptocurrency. I believe that the concerns surrounding speculation with cryptocurrency hinder the broader conversation about the base technology, blockchain. Blockchain technology has the potential

Read More »

A Primer on U.S. Sanctions and Export Controls – Part II

By: Devin Sefton, Senior Associate Attorney, Braumiller Law Group The ever-shifting sands of U.S. sanctions and export controls can make it challenging to know the current restrictions that exist with respect to a given country.  With each new administration comes newly imposed restrictions and newly lifted restrictions.  This problem was particularly exacerbated by the 180-degree pivot taken between the Obama and Trump Administrations.  Meanwhile, the Biden Administration has stayed the course on some Trump Administration policy measures, while changing direction on others.   This article aims to provide a simple overview of the current state- of- affairs with respect to some

Read More »

The Quad and International Trade? The U.S., Australia, Japan and India

By: Bob Brewer, Braumiller Law Group When the “Big Bully” is also your best friend, economically speaking, and metaphorically speaking, they are paying for your lunch, but at the same time are slapping you around on the playground…do you hit back, or just take it on the chin? You need your lunch, as you have to eat. You and your three other playground friends, call yourselves The Quad, (The U.S., Australia, India and Japan) which sounds semi-menacing, (superhero capes included) but keep in mind, the rest of the kids on the playground are always watching to see how you deal

Read More »

2022 Harmonized System Nomenclature – Any Significant Changes?

By: Brandon French, Associate Attorney, BLG The new 2022 Harmonized System (HS) nomenclature has been accepted by all parties at the Harmonized System Convention. The HS nomenclature is used as a basis for the classification of goods around the globe. Every six months, the HS Committee of the World Customs Organization (WCO) meets to discuss potential changes in the HS. These changes are often due to advancements in technology, or other important factors such as difficulty classifying items due to their unique features which were not otherwise described in the tariff schedule. All changes are compiled over a five year

Read More »

HTS Classification Mistakes Before Customs Comes Knocking

By: Bob Brewer, Braumiller Law Group & Brad Menard, VP of Braumiller Consulting Group It’s a fact of life in international trade, many shipments, on a daily basis, arrive at ports in the U.S. with the wrong tariff classification code assigned to the product. No big deal? Not quite, and I can tell you this, from the legal side of our 2 companies, (Braumiller Law & Braumiller Consulting) we end up putting out a lot of fires for clients when Customs comes knocking as a result of having discovered this after the entry is filed. In our experience, decades in

Read More »

Fifth Circuit Reverses Office Manager’s Conviction for Failure to Prove Willfulness under Healthcare Fraud and Anti-Kickback Statutes

Attorney Sarah Wirskye,  Wirskye Law Firm, BLG Alliance  In United States v. Nora, 18-31078 (5th Cir. Feb. 24, 2021), the Fifth Circuit reversed a conviction and 40-month sentence in a healthcare fraud case. The jury found Nora guilty of conspiracy to commit healthcare fraud, and conspiracy to violate the anti-kickback statute. Twenty-one defendants were indicted, and five individuals went to trial. The other four trial defendants’ convictions were affirmed. Nora, a high school graduate, earned no more than $60,000 per year as the office manager for Abide Home Health Care Services. His duties were central to the fraud and kickback scheme,

Read More »

A Southern Border Perspective

By: Judy Davis, Senior Trade Advisor, Braumiller Consulting Group Whether you move goods via trucks, trains, planes, or cargo ships, it is essential that you begin to view the shipment of goods in terms of security for the entire journey. Cross-border shipping is on the rise according to Customs and Border Protection (CBP), and adjustments at border bridges are being  managed as fast as they can be approved.  Being a CTPAT (Customs Trade Partnership Against Terrorism) certificated participant is in  large part an advantage to keeping cargo moving smoothly through the ports of entry, in particular along the Southern border.

Read More »

Post-Brexit International Strategy: Freeports EU Series of Articles

By: Joaquin Pampin-Galan, U.S. Customs and International Trade Paralegal/Spain Attorney, Braumiller Law Group Free Trade Zones (“FTZ”) are being introduced into the United Kingdom (“UK”) as part of the post-Brexit landscape. In a measure aimed at developing the UK’s trade strategy, the Government announced the creation of eight new freeport zones in England. The selected locations are East Midlands Airport, Felixstowe & Harwich, Humber, Liverpool City Region, Plymouth, and South Devon, Solent, Teesside, and Thames. These freeports are expected to be fully operational in late 2021. Discussions are also being held between the UK Government and foreign officials to establish further

Read More »

Navigating the Export Controls on Semiconductors

By Bruce Leeds, Senior Counsel, Braumiller Law Group Determining what export controls apply to semiconductor devices can be a challenging task.  Most controls on semiconductor devices are found in Export Commodity Classification Number (ECCN) 3A001 of the Commerce Control List (CCL) in the Export Administration Regulations (EAR).  That ECCN has nearly 16 pages of detailed controls on many types of semiconductors.  Classifying articles in that category and determining what licenses or exceptions may apply is not easy. First things first: Make sure the semiconductors to be exported are not subject to the International Traffic in Arms Regulations (ITAR).  If the

Read More »