Huawei CFO arrested in Canada for violating U.S. sanctions on Iran.

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According to Bloomberg – Huawei’s CFO, Wanzhou “Sabrina” Weng was arrested in Canada on December 1st over Huawei’s potential violations of U.S. sanctions on Iran. Sabrina Weng is the deputy chairwoman and daughter of Huawei founder Zhengfei Ren.

The arrest prompted China’s embassy in Canada to demand Sabrina be released and for the US and Canada to “rectify wrongdoings” and to “to clarify the grounds for the detention, to release the detainee and earnestly safeguard the legitimate rights and interests of the person involved”.

It is not known when or if Sabrina will be expedited to the US.

Check back for more updates as they are available. If you have any questions about your company’s compliance with US export controls and or want to ensure your company is in compliance with all the sanctions and laws regarding exporting, contact David Hsu at 832-896-6288 or by email at dhsu@givensjohnston.com.

US House of Representative Conservatives protest LGBT protections specified in the USMCA.

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According to the Politico, US House of Representative members Rep. Steve King of Iowa, Rep. Mark Meadows, and Rep. Diane Black along with 37 other conservative house members sent a letter today (Friday, November 16, 2018) to the Trump administration expressing their concerns of the LGBT protections in the USCMA agreement. The letter indicates that the LGBT protections may cause some of the signatories to the letter to not support the agreement.

In short, chapter 23 of the USMCA has requirements that workers be protected from discrimination on the basis of sex, including sexual orientation and gender identity. These LGBT protections were a priority for Canada and the Trudeau government.

The US, Canada and Mexico are expected to sign the USMCA at the G20 summit on November 30th in Argentina.

US and Canada working towards NAFTA agreement.

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According to Bloomberg, the US and Canada are working on keeping Nafta an agreement between the US/Mexico and Canada.

Bloomberg quotes Mexican Economy Minister Ildefonso Guajardo as saying the US and Mexico are postponing publishing the text of their two-way trade deal in the event the US and Canada reach an agreement.

 

What should my company do regarding the Section 232 and Section 301 tariffs?

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We are fielding a lot of calls from importers, vendors, manufacturers, brokers and freight forwarders about what to do now that the Section 232 and Section 301 tariffs are in place.

We suggest:

  1. Review the list of products to determine your company’s exposure to Section 301 and Section 232 tariffs. The First Section 301 list can be found here.
  2. If there is a product on the second list of the Section 301 tariffs, you should participate in the comment process. The second list can be found here.
  3. If you are importing a product covered under Section 301 or Section 232, look into other alternatives for sourcing.
  4. This may be a good time to review your imported and exported goods and the classification used.
  5. Notify your customers, suppliers, vendors, buyers of potential price impacts of these new tariffs.
  6. Review pending purchase orders and pending shipments with companies in China, Canada, Mexico and the European Union.

If you have any questions about Section 232 or Section 301, contact experienced trade attorney David Hsu at 832-896-6288 or by email at dhsu@givensjohnston.com. We also assist in filing exclusion requests and submission of comments, call or email now for immediate assistance.

It’s official – US issues trade tariffs on steel and aluminum from the EU, Canada and Mexico.

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The Whitehouse issued two presidential proclamations that placed 25% steel and 10% aluminum tariffs on imports from the European Union, Canada and Mexico.

The full proclamations can be found here for steel and here for aluiminum.

If you have any questions on how these new tariffs will impact your business or what options you may have – contact experienced antidumping attorney David Hsu at 832-896-6288 or by email at dhsu@givensjohnston.com for a free evaluation.

Cash seizures by CBP during busy Memorial Day and tips on what you need to do if you have had your cash seized.

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CBP media release noted multiple drug arrests over the Memorial Day weekend at the Buffalo area (Peace Bridge and Lewiston Ports of Entry). Most of the incidents involved travelers with illegal substances and arrests on several US travelers for outstanding warrants.

Lastly, CBP seized $20,000 in currency from a Canadian citizen for failure to report currency over $10,000.

The media release indicates CBP seized the currency and “the traveler was refused entry into the United States”.

What? At least let the guy in –

If you are ever traveling and have your currency seized, be sure to do the following:

  1. Give Customs and Border Protection your real address. They will send you a certified letter.
  2. Cooperate with Customs officials.
  3. Disclose all the money you have up front.
  4. You will be asked to sign a FinCen form, sign it only after you write down all the money you really have.

Here are some other tips:

  1. CBP will seize all currency, doesn’t matter if it is in US dollars or in currency of another country.
  2. Money orders, checks also count, it is not just cash that is counted.
  3. It doesn’t matter if you are leaving or entering the country – you have to declare the currency anytime you ENTER or LEAVE the US.
  4. Check your mail within 1-2 weeks of your currency seizure.
  5. Do not ignore the letter you will receive from Customs.
  6. Call experienced Currency Seizure attorney David Hsu immediately at 832-896-6288 or email at dhsu@givensjohnston.com.

Court of International Trade sides with Canadian textile importer and dismisses Customs $4.5 million penalty claim.

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In a just released decision by the the U.S. Court of International Trade (CIT), the CIT dismissed U.S. Customs and Border Protection’s (CBP) efforts to collect $4.5 million in penalties against Tricots Liesse 1983, Inc. (Tricots), a Candian textile company importing goods into the US. The full text of the CIT Slip Op. 18-29 can be found here.

In the instant case, Tricots tried to correct NAFTA rules of origin claims by filing a prior disclosure with CBP. CBP issued an administrative penalty and duty demand while not providing Tricots an opporutnity for oral hearings during the administrative proceedings. CBP then filed suit against Tricots in the CIT to collect $4.5 MM in penalties and duties. In response, Tricots filed a motion to dismiss the claims because CBP did not allow Tricots the opportunity to attempt administrative remedies.

In short, the CIT opinion faults CBP for not allowing Tricots a “reasonable opportunity” to make oral representations after issuing the penalty notice. This decision helps future importers by ensuring any importer has the opportunity to receive an administrative hearing before CBP imposes a penalty.

If you have received a penalty notice from Customs and need assistance, contact experienced trade and customs attorney David Hsu at 832-896-6288, or by email at dhsu@givensjohnston.com.