Hot Topics in International Trade - February 2022

Braumiller Law Group, PLLC

 
 
The Uyghur Forced Labor Prevention Act (“UFLPA”), which takes effect on June 21, 2022, bans the importation of all goods made in the Xinjiang Uyghur Autonomous Region (“XUAR”) in China. President Biden signed this law on December 23, 2021, which unanimously passed both houses of Congress. The new law gives the government more tools to enforce U.S. forced labor laws, including a statutory presumption that goods from Xinjiang are made with forced labor.
 
 
 
 
By: Jennifer Horvath, Partner, and Brandon French, Associate Attorney, Braumiller Law Group
 
The House Committee on Science, Space, and Technology recently voted to advance the America Competes Act of 2022 “the Act.” This comes after the Senate passed its version of the bill, the U.S. Innovation and Competition Act, in June of 2021. The focus of the Act is to strengthen America’s scientific and technological activities in the 21st Century, in order to be able to compete with China in these critical fields in the future. Along with having bi-partisan support, President Joe Biden has expressed his support for the Act, “The House took an important step forward in advancing legislation that will make our supply chains stronger and reinvigorate the innovation engine of our economy to outcompete China and the rest of the world for decades to come . . . together, we have an opportunity to show China and the rest of the world that the 21st century will be the American century – forged by the ingenuity and hard work of our innovators, workers, and businesses.
 
 
 
 
By Paul Fudacz, Partner, Braumiller Law Group
 
Currently there are close to 400 active antidumping cases involving nearly 40 countries. The cases cover a wide range of products including steel commodity products and steel articles (number one category), chemical products, other metal commodities and articles, plastics and rubber products, food products, paperboard and manufactured articles. Key countries subject to ADD are China (number one country by far), Korea, Indonesia, Taiwan, Thailand, Turkey, and Vietnam.
 
 
 
 
By Brenda Cordova, Braumiller Law Group, Mexico Counsel
 
Are you importing into Mexico and your customs operation requires the services of a Mexican Customs broker? If the answer is yes, then this information is important for you because errors or violations on your operation, even if committed by the broker or its personnel, might hold you as the responsible party before the eyes of the authority. Also, any delays due to the broker´s mishandling may result in additional costs, losing clients, or creation of a bad reputation in the business industry.
 
 
 
 
By Bob Brewer, Braumiller Law Group
 
If you wake up each day, grab a cup of coffee, and turn on the world news, or CNN, like I do here in the U.S., one could obviously become a little pessimistic about our future together on this planet. I say, fear not, and look at the bright side. According to Wikipedia, and the 15 signs of impending doomsday….meh…we have hit on maybe one if #9 was in fact Mick Jagger and Keith Richards coming to blows in the studio. https://en.wikipedia.org/wiki/Fifteen_Signs_before_Doomsday (Welsh Prose version please)
 
 
 
 
By Mike Smiszek, Senior Trade Advisor, Braumiller Consulting Group
 
Tariff classification-related court precedents have significantly shaped the way importers, brokers, consultants, lawyers, and Customs and Border Protection (CBP) classify goods today under the Harmonized Tariff Schedule of the United States (HTSUS, or simply HTS). This is true even for many precedents that predate the HTS. The precedential value of these cases lies not necessarily in the facts of any specific dispute—although the context of each case is crucial to understanding a court’s reasoning—but, more often, in the insightful guidance they provide on classification methodology that can be applied broadly to similar scenarios. As well, these court opinions serve as important educational resources for everyone professionally invested in the tariff classification process.
 
 
 
 
By Megan Mohler, Associate Attorney, Braumiller Law Group
 
The year is 2022, and companies are turning over a new leaf, making a concerted effort to become compliant with U.S. Customs laws and practices. Seemingly, there are no downsides to conducting a comprehensive Customs compliance review and submitting a Prior Disclosure under 19 U.S.C. § 1592(c)(4) and 19 C.F.R. § 162.74.
 
And now, the proverbial “BUT.”
 
“BUT,” be prepared to complete that comprehensive internal review, optional statistical sample, loss of revenue quantification, applicable tender, and finely crafted Prior Disclosure narrative in 60, or 90, or 120 days.
 
Just in time for the new year, U.S. Customs and Border Protection has adjusted their policies regarding Prior Disclosure extension requests. The only problem is that most ports are interpreting the policy vastly differently, and it’s a crapshoot to determine whether the extension will be granted or just how many extensions you will get.
 

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Shiny New Machines – Modifications to Chapter 84 of the Harmonized Tariff System

By Harold Jackson, Associate Attorney, Braumiller Law Group

There are new tariff classifications for machinery under Chapter 84 of the Harmonized Tariff System of the United States (“HTSUS”). The changes to Chapter 84, as well as many other areas of the HTSUS, took effect on January 27, 2022, pursuant to Presidential Proclamation 10326 (December 23, 2021). Many of the changes to Chapter 84 were made to keep up with technological innovations and commercial use. Below are the key changes you need to know.



 

Vietnam Trade, An Overview 2022

By Cindy Le, Braumiller Law Group

Many factors have contributed to reshaping and redefining Vietnam’s growing dynamic economy, which had once been coined by the United States as an underdeveloped country, but is aggressively emerging to a developing country status. Since the economic reforms in 1986 transitioning the country to a market-based economy and the socialist government welcoming foreign direct investment, Vietnam has experienced a high rate of economic growth over the last two decades and trade has been a major contributing factor in the structural transformation and development of the country’s economy.

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How Does the ACE Portal Modernization Impact You and Your Business?

By Linnea Deeds, Director of Educational Services, Braumiller Consulting Group

In December, CBP announced a four-phase transition to a Modernized ACE Portal and decommissioning the legacy ACE Portal. We are currently in Phase I and already seeing client impacts.
 
First, ACE logins are changing. Each user must create a new account through the Access to the Modernized ACE Portal button on the ACE login page. Once you have created a new login, you can link it to your legacy ACE login to retain your existing access.
 

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Join the Houston Customs Brokers and Freight Forwarders Association for an informative luncheon

February, 16th, 2022
(Postponed from the original date of January 19th)

11:30 a.m. - 1:30 PM CST

HYATT REGENCY HOUSTON
INTERCONTINENTAL AIRPORT
425 North Sam Houston Parkway East, Houston
Houston, TX 77060
 

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ICPA 2022 Annual Conference
San Diego, CA

 

February 27th - March 2nd, 2022
Manchester Grand Hyatt
In-Person & Virtual
 
 
 
Decentralized Autonomous Organization (DAO) 101: Smart Contracts, Web3, Blockchain Technologies and Their Relationship With DAOs
 
Live Video-Broadcast: March 4, 2022
EST: 01:00 - 3:10 PMCST: 12:00 - 2:10 PMMST: 11:00 - 1:10 PMPST: 10:00 - 12:10 PM

 

Brought to you by myLawCLE

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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