USMCA –Key Changes to NAFTA and Preparing for Implementation

By: Adrienne Braumiller, Founding Partner and Devin Sefton, Senior Associate Attorney, Braumiller Law Group The United-States-Mexico-Canada Agreement (“USMCA”) is currently slated to take effect beginning on July 1, 2020.  A review of the text of the USMCA reveals that USMCA retains many elements of the North American Trade Agreement (“NAFTA”), while displacing others with new …

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Chemicals and the USMCA, It’s Not Just How You Mix It to Get a Reaction (or not) From CBP

By: Bonnie Kersch, Senior Trade Advisor, Braumiller Consulting Group The USMCA is about to kick into full force on July 1st.  Is your chemical company ready?  Overall, if you’ve been issuing NAFTA certificates in the past and are already familiar with that process, you might be surprised to find that the USMCA process might allow …

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Obtaining a USMCA Alternative Staging Regime (RTA) for automotive producers in Mexico

By: Brenda Cordova, Mexico Attorney, Braumiller Law Group USMCA (T-MEC as it is formally called in Mexico) will enter into force on July 1, 2020.  At least this is what the government of the Party members, the United States, Mexico and Canada have announced.  In this case, operations occurring after this date will no longer …

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Are You Gonna Sign That Thing? Getting Certified Under USMCA

By: Bruce Leeds, Senior Counsel, Braumiller Law Group The US-Mexico-Canada Agreement (USMCA) replaces NAFTA and goes into effect on July 1 of this year. One of the major changes to come out of this trade agreement is elimination of the NAFTA Certificate of Origin.  Instead, the USMCA replaces the Certificate of Origin with a certification.  …

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Small Business Enterprises, Universities & Export Controls; Focusing on the practical and operational aspects in order to win contracts

By: Christos Linardakis, Of Counsel, Braumiller Law Group Last month, we presented a webinar on University Export Controls and received an overwhelming positive response on an area of compliance that is sometimes overlooked, especially when it comes to the collaboration between a school, the private sector, and the government. It seems our webinar was timely, …

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Recent CBP Entry Summary Guidance for Pipe Spools from Multiple Countries of Origin – Shapes of Things to Come?

By: Paul Fudacz, Partner, Braumiller Law Group On March 24, 2020, U.S. Customs and Border Protection published Cargo Systems Messaging Service # 42133823 “Entry Summary Guidance for Pipe Spools from Multiple Countries of Origin” (the Message).  The Message provided: Pipe spools are prefabricated components of a piping system consisting of various types of pipes, flanges, …

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Solving Trade Problems Under the New USMCA

By: James Holbein, Of Counsel, Braumiller Law Group This article outlines the various mechanisms available to companies that encounter problems with the implementation and operation of the United States-Mexico-Canada Agreement (USMCA) that officially replaces NAFTA on July 1, 2020.  While the new agreement provides many of the same mechanisms as NAFTA, there have been significant …

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Time to Revisit How We Define “Act of War” in Force Majeure Provisions

By: S. George Alfonso, Of Counsel, Braumiller Law Group On May 4th, 2020, the Department of Homeland Security (“DHS”) intelligence service issued an unclassified four page report which stated in part: [DHS Intelligence Service] assess the Chinese Government [“Peoples Republic of China” (“PRC”)] intentionally concealed the severity of COVID-19 from the International community in early January …

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COVID-19 Regulatory Changes Impacting Importers and Exporters

By: Devin Sefton, Senior Associate Attorney and Lowell DeFrance, Of Counsel, BLG The ongoing COVID-19 crisis has presented unique challenges for the U.S. supply chain, and for the U.S. economy as a whole. Front and center is the shortage of critical medical equipment and personal protective equipment (“PPE”), including ventilators, respirators, masks, gloves, swabs and …

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Force Majeure and the Coronavirus [COVID-19]: Definitions Matter

By: S. George Alfonso, Of Counsel, Braumiller Law Group The month of March has brought a deluge of cancellations of international conferences, travel and severely affected markets around the world, all due to the spread of “COVID-19” – the newest strain of the “Coronavirus” which was first discovered last December in Wuhan, China. Force Majeure …

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Import Valuation

By: Bonnie M. Kersch, Senior Trade Advisor, Braumiller Consulting Group Determining the appropriate value for merchandise that you import can be a tricky task.  In general, you need to start by determining the basis of appraisement that is appropriate for your situation.  I’ll list them below but note that you should try to use the …

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How COVID-19 is Impacting U.S. Sanctions and Export Controls

By: Devin Sefton, Senior Associate Attorney, Braumiller Law Group Since the emergence of COVID-19 in the U.S. beginning in February of 2020, there is general uncertainty over how the pandemic could affect the regulatory landscape, including regulations relating to U.S. sanctions and export controls.  A review of the actions taken to date suggest that little …

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CBP’s Forced Labor Initiative: Will this Affect your Supply Chain?

By: Jennifer Horvath, Partner, Braumiller Law Group The U.S. government, including Customs and Border Protection (CBP), has recently put an emphasis on preventing forced labor in global supply chains. For instance, On March 11, 2020, the House Rules Committee introduced a new bill that would create a rebuttable presumption regarding forced labor in Xinjiang, China. …

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Industry in the Midst of COVID-19

By: Vicky Wu, Senior Associate Attorney and Megan Mohler, Associate Attorney, Braumiller Law Group The U.S. aerospace and defense industry is feeling the impact of the COVID-19 pandemic as individuals and companies are trying to adjust to coronavirus recommendations.  While U.S. companies remain operational, many have experienced supply chain disruptions leading to concerns that contractual …

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