Nota Bene Episode 70: Examining the USMCA: Is it Simply a Rebranded NAFTA? with Scott Maberry
Nota Bene Episode 66: Latin America Check In: What to Know About Doing Business in Mexico with Laura Nava and Alejandro Moreno
Compliance Report-International Edition, Doreen Edelman on Current State of NAFTA Negotiations
FCPA Compliance and Ethics Report-Episode 30-Interview with the FCPA Professor-Part 2
Could A US-EU Free Trade Deal Harm The WTO?
After months of negotiations, Congress passed an omnibus legislative package on Dec. 22, 2020, that funds the government through September 2021 and includes a package of hard-fought COVID-19 relief measures. Also included was...more
A recent investor-state arbitration decision under the investment chapter of the North American Free Trade Agreement (NAFTA Chapter 11), Vento v. Mexico, demonstrates that foreign investors protected by an international...more
The USMCA permits CBP to verify whether a good entered with a claim for preferential tariff treatment qualifies as originating by: (1) Written request or questionnaire to the importer, exporter, or producer of the good...more
The USMCA textile and apparel rules of origin are generally based on the “yarn forward” rule, which requires the formation of the yarn (spinning or extruding) and all processes following yarn formation to occur in the USMCA...more
The USMCA does not require the use of CBP Form 434, as there is no prescribed format for certificate of origins under the USMCA. These certifications are to be completed by the exporter, producer, or importer certifying that...more
With almost three years behind President Donald Trump to launch, negotiate, and complete his most ambitious trade initiatives, 2020 may come to be seen as the first year that the Trump era in trade policy was fully in place....more
December 2019 has yielded some potentially significant relief to U.S. businesses and agricultural producers that may improve the terms of trade in 2020 after a prolonged period of increasing and damaging friction in...more
Final amendments to the United States-Mexico-Canada Agreement (USMCA) were agreed to on Dec. 9, 2019, clearing the path for its approval in the U.S., most likely during the first trimester of 2020. Once approved by all three...more
The WTO Appellate Body is gone, but WTO dispute settlement remains a viable mechanism for resolving trade irritants - On December 11, 2019, the United States succeeded in forcing the WTO Appellate Body to cease operations,...more
Passage of the United States-Mexico-Canada Agreement (USMCA) has recently been characterized by the media as a political issue, with President Trump pushing for a vote by year’s end and House Speaker Nancy Pelosi not...more
Sending a shot across the bow of the gig economy, New Jersey is seeking nearly $650 million from Uber for “years of unpaid employment taxes for its drivers, arguing that the ride-hailing company has misclassified the workers...more
On September 24, 2019, President Trump addressed the United Nations General Assembly, emphasizing that nations should focus on furthering their best interests in the trade arena. In the speech, President Trump stated that the...more
The Administration has been fully occupied this summer in its ongoing disputes with America’s major trading partners. The U.S. Government is at least nominally resuming high level trade negotiations with China after months...more
There have been a number of developments in recent weeks affecting Canada's surtaxes on imports of certain steel, aluminum, and other goods to Canada. This post summarizes the recent changes....more
The World Trade Organization Predicts “Revolutionary” Impact for Blockchain Technology On Digital Global Trade - The World Trade Organization (“WTO”) recently published its report, entitled “Can Blockchain Revolutionize...more
The year 2018 may be remembered as a turning point for US trade policy and the international trading system. The Trump administration took several unilateral trade actions, including the imposition of global "national...more
Given the pace of change in the automotive space and related technologies, combined with increasing regulatory scrutiny and recent developments in trade and M&A, the global automotive industry can anticipate several risks and...more
The Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) entered into force on December 30, 2018. The Agreement will significantly impact trade among its ratifying Parties—currently including...more
The business community, lawmakers and even workers across North America breathed a collective sigh of relief on October 1, 2018, after the renegotiated NAFTA agreement was unveiled. Following negotiations that had become...more
The Situation: U.S. Customs and Border Protection ("CBP") recently issued rulings regarding Chinese-origin goods subject to additional duties under Section 301 of the Trade Act of 1974 ("Section 301"). The Developments:...more
The United States And Canada Reach Agreement On A “New NAFTA” - As we reported previously, on August 27, 2018, Mexico and the United States announced that they had reached a preliminary agreement to replace the North...more
On Sunday, September 30, President Trump reached an agreement with the governments of Canada and Mexico to revise and modernize the North American Free Trade Agreement (NAFTA). Publishing the text of the new agreement just...more
After more than a year of sometimes contentious negotiations, the United States, Mexico, and Canada (the “Parties”) reached an agreement late Sunday night to revise the North American Free Trade Agreement (“NAFTA”)—renaming...more
Safeguards are exceptional measures intended to temporarily assist domestic producers that have suffered, or are threatened by serious injury from increased imports of specific goods. Unlike anti-dumping or anti-subsidy...more
A tripartite agreement to save NAFTA has been reached. The agreement, reached late last night, provides Congress the necessary 60 days’ notice of the text to approve so that President Pena Nieto of Mexico can sign before he...more