Customs Broker Regulations

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

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.

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Digital Assets Fraud

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

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.

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Harmonized Tariff Schedule

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

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.

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Defense Technology and Security Administration DTSA

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

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).

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Federal Trade Commission FTC

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

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.

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

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).

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Sonora Lithium

Sonora Lithium

By Brenda Cordova, Braumiller Law Group Mexico Legal Counsel

In November 2022, Mexican Foreign Secretary Marcelo Ebrard and U.S. Special Presidential Envoy John Kerry announced at COP27 in Sharm el-Sheikh important steps forward to address the climate crisis. Representatives from both countries, including the state governor from Sonora and his cabinet, continued discussing important topics which resulted in agreements related to cut emissions, increase investment, and the creation of clean energy.

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China Tariffs

Section 301 Update: Four-Year Review, Exclusions, Litigation, and the Future of China Tariffs

By: Adrienne Braumiller, Partner & Founder, Braumiller Law Group

China Tariffs are here to stay – for now. The Biden Administration continues to defend the Trump-era tariffs on goods from China with little guidance as domestic inflation climbs steadily. Meanwhile, 2022 has been a busy year for the Office of the U.S. Trade Representative (“USTR”). The agency was instructed by the Court of International Trade to provide further written justification for the Section 301 Actions for Lists 3 and 4a in the wake of the agency’s obligatory four-year review of each tariff action.

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Tuas Megaport

Tuas Megaport in Singapore, An Upcoming Model to the World in Port Operations, and soon to be Light Years Ahead of the Globes Largest Ports

By: Bob Brewer, Braumiller Law Group
The Maritime Port Authority (MPA in Singapore) is currently in the process of building the Tuas Port, which will be the biggest port in the world with a capacity of 60 million TEU’s (twenty-foot equivalent units) once it is fully completed in 2040. PSA, the company taking the lead in the construction has implemented a four-phase process, with the first phase officially opening this September 2022, with three berths being operational.

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cyber related assets

OFAC Reissues Cyber-Related Sanctions Regulations

By: Mike Smiszek, Senior Trade Advisor, Braumiller Consulting Group

An inherent aspect of any new technology is that it doesn’t take long for bad actors to figure out how it can be weaponized for nefarious purposes. Cyber-related technologies represent an increasingly dangerous area of risk for everyone, whether they are individual citizens, business and infrastructure entities, or governments. Adversaries of the U.S., including China, Russia, and North Korea have engaged in acts of cyberespionage, often intended not only to cause actual harm, but also to test our ability to counter acts of malicious cyber-intrusion.

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What is the CHIPS Act, and Will it Fix the Semiconductor Supply Chain Issues?

By: Craig McClure, Senior Trade Advisor, Braumiller Consulting Group

Unless you’ve been living on a lost island in the South Pacific, you are no doubt aware of the shortage of semiconductors. The shortage and supply chain issues have been highlighted in media reports that feature video images of parking lots and fields full of partially assembled automobiles at many U.S. auto manufacturing locations.

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Antidumping Duties

Antidumping Duties – Can I Obtain a Separate Lower Rate?

By: Paul Fudacz, Partner, Braumiller Law Group
In Antidumping (AD) investigations, the U.S. Department of Commerce (DOC) typically selects only a limited number of exporting entities for review, with these exporters referred to as “individual” or “named” respondents. Selection of these respondents is based on U.S. Customs and Border Protection Data, and in most cases due to limited DOC resources, will consist of only a few of the largest exporters. If the selected respondents cooperate fully with the government investigation, and can demonstrate fair export pricing, they can obtain an individual AD rate that is generally favorable, or possibly de minimis, resulting in a zero rate.

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