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?
The United States-Mexico-Canada-Agreement (“USMCA” or the “Agreement”) was formed to promote growth in North American trade in a way that is beneficial to each of the state parties to the Agreement. However, as with any...more
The growing role that international trade rules are playing has left many corporate leaders to look beyond regularly imposed tariffs. Earlier this month, we published our “Advance Look at Hot Button Trade Issues under the...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
On August 16, 2020, the United States re-imposed Section 232 tariffs on Canadian-origin primary aluminum imports, adding another twist to the long-standing trade dispute with Canada over its aluminum exports to the United...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
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
Due to what was firstly characterized as an illegal immigration crisis, and then as a measure to force companies to leave Mexico and return to the U.S., the Trump administration announced that starting June 10, 2019, it plans...more
The governments of the United States, Mexico, and Canada signed a trade agreement (“USMCA”) in November 2018, which would replace the existing North American Free Trade Agreement (“NAFTA”). The Trump administration has begun...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
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 13 months of negotiations, the United States, Mexico and Canada have concluded the United States-Mexico-Canada Agreement (USMCA). The USMCA is designed to replace the quarter-century-old North American Free Trade...more
As Dickinson Wright predicted in a series of prior NAFTA briefing notes (see below), the United States Trade Representative (USTR) Robert Lighthizer issued a notice to Congress on Friday, August 30, 2018 of “President Trump’s...more
The North American Free Trade Agreement – NAFTA for short – just took one step closer to no longer existing. As originally reported by the NY Times, the United States and Mexico announced that they had reached agreement on...more