LexSage

We have recently become aware of 4 cases where individuals (mostly Canadians) have been notified that their NEXUS memberships have been cancelled by U.S. Customs and Border Protection (“US CBP”) because they failed to declare the export of a vehicle from the United States.  The three scenarios where this has arisen are: 1) A Canadian with a seasonal home in the United States owned a vehicle that was plated in the united States.  The Canadian…
The California Consumer Privacy Act (“CCPA”) took effect on January 1, 2020. In October 2019, the California Attorney General (“CA AG”) published proposed regulations. In the lead up to January 1, 2020, the CA AG repeatedly made the point that those subject to the CCPA should plan for compliance with its broad principals by the first of the year, while admitting enforcement would not start until the regulations were final, meaning July 1, 2020. As…
On January 31, 2020, President Trump issued Executive Order 13904 (“EO”) entitled “Ensuring Safe & Lawful E-Commerce for US Consumers, Businesses, Government Supply Chains, and Intellectual Property Rights.” It begins by stating that e-commerce is “being  exploited by traffickers to introduce contraband into the United States, and by foreign exporters and United States importers to avoid applicable customs duties, taxes and fees.” The types of malfeasance cited are counterfeit goods, narcotics (specifically synthetic opioids, such…
Originally published by the Journal of Commerce in February 2020 In the early 1960’s, there was a televisions show called “That Was the Week That Was!” While it was intended as a satire, the events of the last month or so have been breathtaking, focusing, as we do, even on just on trade issues.  With apologies to David Frost and his colleagues who presented that show, we are going to take only a slightly longer…
Written with Benjamin Lau – Published February 5, 2020 New York residents may no longer be able to enroll (or re-enroll) in Global Entry and other Trusted Traveler Programs, according to recent action by the Department of Homeland Security (“DHS”). On February 5, 2020, Acting Homeland Security Secretary Chad Wolf announced DHS was suspending enrollment in Global Entry, NEXUS, SENTRI, and FAST for all New York state residents.  This announcement does not affect residents of…
Originally published in January 2020 China and the U.S. signed the so-called Phase 1 deal on January 15, 2020. Much has been said in the general press and elsewhere about this deal. What does it really accomplish for international traders? First, there is nothing said about the tariffs imposed by either the U.S. or China. White House briefers did say the tariff on the goods on List 4A would be reduced soon, and a pre-publication…
Originally published in the Journal of Commerce in January 2020 As has been widely publicized, China and the U.S. signed the so-called Phase 1 deal on January 15, 2020. The agreement runs 90+ pages, the text of which can be found here: Phase 1 Deal.pdf.  The supporting U.S. Trade Representative (USTR) issued Fact Sheets run another 30+ pages and can be found here – Phase 1 Fact Sheets – and are worth a quick…
Originally published by the Journal of Commerce in December 2019 While there are those who think the only thing going on in Washington, D.C. these days is the impeachment hearings, activities this week belie that conclusion. In the recent flurry, we saw progress on two key issues – the China 301 tariffs and the USMCA – the U.S.-Mexico-Canada Agreement or (if you prefer) the new NAFTA. Between Thursday and Friday last week, we saw an…
Originally published in December 2019 Clearly, there is more going on these days in Washington, D.C. than just the impeachment hearings, and activities this week made that point clear. In the span of only a few days, we saw progress on two key issues – the China 301 tariffs and the U.S.-Mexico-Canada Agreement (USMCA). First, we saw an indefinite suspension of the List 4B 15% China tariff which was to take effect on December 15,…
Originally published by the Journal of Commerce in November 2019 If one listens to the press, the only thing going on in D.C. right now is the impeachment hearing.  However, in reality, life goes on pretty much as before.  The various agencies continue their work, perhaps with somewhat different priorities, and international traders continue buying and selling goods across borders – but life goes on. True, Iran has now again become subject to full U.S.…