Mike Smiszek, Author at Braumiller Consulting Group

Punctuation in the Harmonized Tariff Schedule of the United States

December 19, 2024

Punctuation matters. I’ve always remembered a poster on the wall of a co-worker’s office—this was back in the 80s—that showed baby seals dancing at a disco under a four-word caption: STOP CLUBBING, BABY SEALS. The poster (which has become an internet meme forty years later) cleverly showed how something as seemingly minor as a comma can change the meaning of a phrase or sentence. If a comma can flip the meaning of a four-word sentence, is it hard to imagine the effect that punctuation, or lack of punctuation, might have on our interpretation of a law or regulation?

The Ghost of CDSOA Still Haunts Us

December 11, 2024

One of the most anticipated decisions of the Supreme Court’s recent term was Loper Bright Enterprises v. Raimondo. While the specific underlying dispute in Loper Bright isn’t relevant to the trade community—did fishermen have to pay for government-mandated observers on their vessels?—the Court used this case to overturn the broadly applicable judicial deference test established in 1984 in Chevron U.S.A. Inc., v. Natural Resources Defense Council.

Jurisdiction and History of Tariff Classification Litigation in the U.S.

December 4, 2024

Several tribunals and courts were established at various periods of America’s history to resolve trade-related litigation, both at the trial and appellate levels, and even the Supreme Court has played a significant role in these disputes. The jurisdiction and structure of these courts evolved as the complexities and volume of trade disputes grew.

Judicial Deference in Customs Litigation

August 9, 2024

A Day in the Life of a Trade Compliance Manager: A Corporate Parable

August 9, 2024

A fly on the wall at an executive retreat for Acme Super Duper Widget Company overhears the following conversation between Pete, the CFO, and Saira, the General Counsel.

The Multi-Purpose Role of the U.S. Harmonized Tariff Schedule

December 12, 2022

When goods are imported into the United States, the importer-of-record (IOR) must, with reasonable care, file an entry (CBP Form 3461) and entry summary (CBP Form 7501), or the electronic equivalents, with U.S. Customs and Border Protection (CBP). These documents are the IOR’s preliminary and final declarations about the nature and circumstances of the import transaction, and they tell the story of the transaction through more than forty data elements.

OFAC Reissues Cyber-Related Sanctions Regulations

October 2, 2022

An inherent aspect of any new technology is that it doesn’t take long for bad actors to figure out how it can be weaponized for nefarious purposes. Cyber-related technologies represent an increasingly dangerous area of risk for everyone, whether they are individual citizens, business and infrastructure entities, or governments. Adversaries of the U.S., including China, Russia, and North Korea have engaged in acts of cyberespionage, often intended not only to cause actual harm, but also to test our ability to counter acts of malicious cyber-intrusion.

Antiboycott Compliance for U.S. Companies

April 10, 2022

A boycott is the organized and intentional refusal to engage in activity, whether directly or indirectly, with an identifiable specific group of persons in order to achieve a discriminatory policy objective based upon national origin, religion, ethnicity, race, gender, or other group characteristic.

Tariff Classification and the U.S. Federal Courts: The Twenty Most Significant Precedents

February 9, 2022

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).

Nuclear Export Controls: A Brief Overview of NRC and DoE Regulations

December 6, 2021

Two bodies of export regulations typically come to mind when we think of export controls: the Export Administration Regulations (EAR) of the Commerce Department’s Bureau of Industry and Security (BIS), and the International Traffic in Arms Regulations (ITAR) of the State Department’s Directorate of Defense Trade Controls (DDTC).

Mike Smiszek

Mike Smiszek

Punctuation in the Harmonized Tariff Schedule of the United States

The Ghost of CDSOA Still Haunts Us

Jurisdiction and History of Tariff Classification Litigation in the U.S.

Judicial Deference in Customs Litigation

A Day in the Life of a Trade Compliance Manager: A Corporate Parable

The Multi-Purpose Role of the U.S. Harmonized Tariff Schedule

OFAC Reissues Cyber-Related Sanctions Regulations

Antiboycott Compliance for U.S. Companies

Tariff Classification and the U.S. Federal Courts: The Twenty Most Significant Precedents

Nuclear Export Controls: A Brief Overview of NRC and DoE Regulations

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