USMCA Chapter 25 – Call to Action

By: S. George Alfonso, Of Counsel, Braumiller Law Group The enactment of the “United States Mexico Canada Trade Agreement” (“USMCA”) on July 1st, 2020, heralded the first new tri-lateral trade agreement since the enactment of its predecessor, NAFTA in 1994. Chapter 25 and the Newly Established Open Lines of Communication: One of the most progressive …

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USMCA and Chapter 84, What You Need to Know

By: Jim Holbein, Of Counsel, Braumiller Law Group USMCA entry into force The United States-Mexico-Canada Agreement (USMCA) entered into force on July 1, 2020.  The new agreement is similar to NAFTA in many respects, and the commitments that pertain specifically to machinery, equipment and computers in Chapter 84 have not changed very much, with the …

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What is the Country of Origin?

By: Bruce H. Leeds, Senior Counsel, Braumiller Law Group Determining the country of origin of imported articles has become increasingly important in recent years.  There has long been a requirement that imported articles be marked with the name of the country of origin.  Country of origin also determines eligibility for special duties or free trade …

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4T – Recent changes to the Mexican Customs Regulations

By: Brenda Cordova, Mexico Legal Counsel, Braumiller Law Group Have you heard about the Mexican “Fourth Transformation (4T)”?  Well, this is how Mexican President Andres Manuel Lopez Obrador (AMLO) wants his term in office to be known as.  He says, throughout the course of the history, Mexico has gone through 3 important episodes: 1. Independence, …

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Is the clock ticking for TikTok? What’s the big deal anyway?

By: Bonnie Kersch, Senior Trade Advisor, Braumiller Consulting Group A quick scroll through the social media app TikTok will lead you to “thirst trap” videos, Sheena Melwani playing a beautiful song on her keyboard while her “dad” provides hilarious quips, dogs like Tina the Chi doing crazy chihuahua things, and couples like Thirsty on Main …

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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 Legal Counsel, 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 …

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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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USMCA Implementation, What’s Next?

By: Adrienne Braumiller, Founding Partner, Braumiller Law Group The United States-Mexico-Canada Agreement (USMCA) has officially been ratified by all three North American parties, now what? For one thing, the United States, Canada, and Mexico must develop uniform regulations with an effective date prior to, or on June 1, 2020 which is the official implementation date …

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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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