Section 301 Considerations When Importing from a NAFTA Country

By: Paul Fudacz, Senior Associate Attorney With the advent of the Section 301 tariffs, an issue that has been raised frequently is how to accurately determine the country of origin for Section 301 tariff purposes for goods imported from a NAFTA country.  The NAFTA sets forth rules for determining the “country of origin” of products …

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Go Get Registered with Customs: CBP Form 5106 Create/Update Importer Identity Form – Updated and Revised

By: Bruce Leeds, Senior Counsel, Braumiller Law Group CBP Form 5106 is used to identify the importer of record to U.S. Customs & Border Protection (CBP).  It is typically used by surety agents when filing a bond, customs brokers for a new client. or importers to establish or change their number or address.  If an …

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The U.S and India Trade War, Well kind of… They’re keeping it Friendly for Now

By: Bob Brewer, VP of Marketing, Braumiller Law Group What war? We’re on the right track. The trade deficit between India and the United States has decreased by nearly 7% to USD 1.6 billion in 2018, when compared to 2017. India recorded a decrease in the deficit from USD 22.9 billion in 2017 to USD …

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Current Status of the Chinese Trade War and the Section 301 Approval Process

By: Adrienne Braumiller, Founder & Partner, Braumiller Law Group, PLLC One of the more interesting events in the trade arena with China recently occurred with the arrest and subsequent indictment of Huawei’s CFO, Meng Wanzhou, in December 2018. Meng was arrested by Canadian officials, at the request of the U.S., under the suspicion that Huawei, …

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New NAFTA? – What NAFTA Practitioners Can Expect Under the United States-Mexico-Canada Agreement (USMCA)

By: Paul Fudacz, Senior Associate Attorney, Braumiller Law Group, PLLC Many importers are aware that the United States, Canada, and Mexico have negotiated a replacement treaty for the North American Free Trade Agreement (NAFTA).  The new agreement is called the United States-Mexico-Canada Agreement (USMCA) and was announced by President Trump on October 1, 2018.   …

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301 Tariff Hearings and the Value of Effective Testimony

 By: S. George Alfonso, Of Counsel, Braumiller Law Group, PLLC In August of 2018, I published an article entitled “301 Tariff Hearings and the Value of Testifying” [see link to previously published article on BLG Newsletter].  This article was based upon my experiences as Of Counsel to Braumiller Law Group, PLLC (“Braumiller”) in working closely …

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Modernizing the World of Trade: CBP’s 21st Century Framework

By: Brandon French, Contract Attorney, Braumiller Law Group, PLLC Customs and Border Protection (CBP) has taken the initiative to modernize its current trade environment. The purpose of the initiative is to realign CBP’s current trade policies and procedures with the development of new industries, technology, and modes of conducting business. A Federal Register (FR) Notice …

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Tariffs and Walmart…. What’s Going on in Wally World?

By Bob Brewer, VP Marketing BLG A few weeks ago, Walmart’s top brass in Bentonville Arkansas kindly asked the Trump administration to scale back on its plan to put tariffs on Christmas lights, shampoo, dog food, luggage, mattresses, handbags, backpacks, vacuum cleaners, bicycles, cooking grills, cable cords and air conditioners. In a letter to U.S. …

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Does NAFTA 2.0 Modernization Mean More Opportunity for Fraud?

By Adrienne Braumiller, Partner & Founder Braumiller Law Group Many new technologies have erupted in the last 24 years, so sure, NAFTA was due for an update. Ecommerce has certainly also sparked the need for a facelift.  But modernized provisions for certification of origin (which is how countries determine which shipments qualify for duty-free status) …

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Navigating IMMEX/maquiladoras in Mexico

by Brenda Cordova, BLG Mexico Attorney In November of 2006, the Mexican government abolished the Maquiladora and PITEX Programs and created the IMMEX Program.  IMMEX stands for Industrial Manufacturera Maquiladora y de Servicios de Exportacion (literarily translated into English as Manufacturing Maquiladora and Export Services Industry). Generally, an IMMEX is a business entity authorized by …

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U.S. Customs & Border Protection Enforcement of Trademarks

By Bruce Leeds, Senior Counsel, Braumiller Law Group If you go to the Trade tab at CBP.gov one of the featured items on the menu is Priority Trade Issues.  There you will find information on Intellectual Property Rights (IPR).  This primarily deals with CBP enforcement of trademarks and copyrights. U.S. copyright and trademark holders lose …

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