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Best Practices

Best PracticesCBPEventsImportIPR, Trademarks and LogosSpeakingU.S.Customs

DTL’s Jennifer Diaz will moderate panel at the U.S.-Mexico Logistics & Supply Chain Leader Meeting

posted by Jennifer Diaz September 6, 2016 0 comments

UntitledWe strive to keep our readers updated on import and export compliance issues and events. Here is another chance for you to learn what it takes to trade with Mexico. Join Diaz Trade Law’s founder, Jennifer Diaz, at U.S.-Mexico Logistics & Supply Chain Leader Meeting this Thursday, September 8, 2016 at the Four Seasons in Brickell.

Ms. Diaz has been appointed as the moderator for panel discussion on Challenges and Opportunities in Cross-border ECommerce.  The panelists include:

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Best PracticesFDA IssuesFood

FDA Targets Vending Machine Operators

posted by Jennifer Diaz September 1, 2016 0 comments

FDAVending_03.54ef4f5d7ed31Co-Authored by Jennifer Diaz and Kristina Hernandez-Tilson, an attorney in Miami, Florida, practices in state and federal court, litigating matters of civil and administrative law. 

Since April 2008, pursuant to New York City Health Code Section 81.50, all Starbucks (and many other restaurants) in New York City have been required to display the calories of each of the menu items. A subsequent study found that this mandatory calorie posting influenced consumers in NYC, causing average calories per transaction to drop by 6%. The study also found that calorie posting did not cause any significant change in Starbucks’ overall revenue.

Now, owners and operators of vending machines across the U.S. are next. Back in December of 2014, the Food and Drug Administration (FDA) issued a final rule entitled “Food Labeling: Calorie Labeling of Articles of Food in Vending Machines”. This rule is codified at 21 CFR 101.8, and requires vending machine operators who own or operate twenty (20) or more vending machines, or who voluntarily register with FDA to be covered, to declare calories for those vending machine foods for which the Nutrition Facts label cannot be examined before purchase or for which visible nutrition information is not otherwise provided at the point of purchase. According to the December 2014 final rule, covered vending machine operators must comply by December 1, 2016.

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Best PracticesCBPU.S.Customs

ISF PENALTIES HAVE OFFICIALLY ARRIVED: SELF FILE AND SELF POLICE

posted by Jennifer Diaz July 19, 2016 1 Comment

free-file-your-isf-through-aceBack in July, 2013, we warned CBP would start enforcement efforts for Importer Security Filing (ISF) violations.

What’s ISF Again?

The ISF rules require importers and vessel-operating carriers to provide additional advance trade data on cargo shipments to CBP 24 hours prior to vessel lading, pursuant to Section 203 of the Security and Accountability for Every Port (SAFE Port Act) of 2006. (Practitioners Tip – This ONLY applies to goods arriving to the U.S. by Sea, not air).

Now, CBP advised: Continue Reading

Best PracticesExportFreight Forwarding

SOLAS (Weigh or Pay) – Enforcement as of July 1, 2016

posted by Jennifer Diaz July 6, 2016 0 comments

containter failureIf you are involved in international trade, then you’ve recently heard the buzzword SOLAS and an enforcement date of July 1, 2016. Below contains a summary of SOLAS and what to be prepared for.

What is SOLAS?

  • SOLAS,” an acronym made from The International Convention for theSafety of Life at Sea,” is an international treaty that governs the safe operation of all ships engaged in international maritime trade. The SOLAS Convention specifies the minimum standards for the construction, equipment, and operation of merchant ships. The United States is a signatory to SOLAS.

Who is responsible?
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Best PracticesE-CigaretteFDA IssuesImportSeizuresTobacco

The End of Vape Shops, Hookah Shops, & E-Cigs? FDA’s New “Deeming” Laws

posted by Jennifer Diaz May 26, 2016 0 comments

 How to comply

On April 24, 2014, the U.S. Food and Drug Administration(FDA) announced that it was officially “deeming” e-cigs, e-hookah, vape pens, and other tobacco products subject to the Federal Food, Drug, and Cosmetic Act (FD&C Act). This article covered the proposed regulation at the time. On May 10, 2016 the FDA published the final rule on the new deeming law.

What Are Tobacco Products and What’s Being Regulated?

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Best PracticesCBPCounterfeitsIPR, Trademarks and Logos

Yet Another Reason to Record your Trademark or Copyright with U.S. Customs and Border Protection (CBP)

posted by Jennifer Diaz April 12, 2016 2 Comments

TshirtCo-Authored by Jennifer Diaz and Kristina Hernandez-Tilson, an attorney in Miami, Florida, practices in state and federal court, litigating matters of civil and administrative law. 

Whether you are importing goods to the United States, or are a U.S. trademarks or copyright owner, there is a new law on the books that should be of interest to you, the Trade Facilitation and Trade Enforcement Act of 2015 (TFTE), which was signed into law on February 24, 2016.  TFTE, a bipartisan piece of legislation, is comprehensive in scope. In this Article, we will look specifically at Sections 302 through 311, the section on “Import-Related Protection of Intellectual Property Rights” (IPR). The TFTE highlights the fact that CBP treats IPR as a priority trade initiative.

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Best PracticesCBPCustoms BrokerEventsImportSpeakingU.S.Customs

Why Pre-Compliance is a MUST

posted by Jennifer Diaz April 7, 2016 12 Comments

Compliance Blue Marker

If the thought of monetary penalties, shipment delays, detentions or seizures of merchandise keep you up at night, then this article is for you.  First, it’s quite easy to establish a U.S. company, pick (what you hope is) a terrific customs broker, file Form 5106 with U.S. Customs and Border Protection (CBP) to request your importer number, pick a surety (there are many, your broker will likely sway you to their favorite) and WALLAH! Right? Wrong. No one sits you down during this process to say, wait, importing can be great, but, this is also a LOT of responsibility. Your company (and SOMETIMES even YOU) have liability and a burden when importing. This article will walk you through YOUR burden as an importer, how CBP can question your imports, and how penalties can ensue and what you should be doing about it, in advance!

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Best PracticesExportSpeaking

Ex-Im Partners with Diaz Trade Law for FREE Webinar

posted by Jennifer Diaz February 23, 2016 1 Comment

EXIM - 2-25Diaz Trade Law, jointly with the Export Import Bank of the United States (Ex-Im Bank), invite you to join a FREE webinar on How to Finance Your Exports, tailored to Minority & Women-Owned Businesses.  The webinar will take place online, Thursday, February 26th, 2016, from 12-1pm (EDT).

Topics covered will include:

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Best PracticesBISCubaExportFreight ForwardingOFAC

Up to 110 Daily Flights from the U.S. to Cuba

posted by Jennifer Diaz February 23, 2016 8 Comments

Welcome to Cuba

If you are in aviation – commercial or private – there are potential new business opportunities in Cuba. The American government and our new friendly neighbor to the south, the Republic of Cuba last sat at the negotiation table to discuss Air Transportation agreements in 1957, as parties to the Convention on International Civil Aviation. Nearly sixty years later, on February 16, 2016, the United States government and Cuba entered into an aviation agreement, the U.S.-Cuba Memorandum of Understanding of February 16, 2016, and intend to apply the basis of comity and reciprocity of the agreement.

Immediately after, Anthony Foxx, U.S. Transportation Secretary, Charles Rivkin, Assistant Secretary of State for Economic and Business Affairs, Adel Yzquierdo Rodriguez, Cuban Minister of Transportation and Colonel Alfredo Cordero Puig, President of the Cuban Civil Aviation Institute (IACC), Ministry of Transportation  signed the agreement, the U.S. Department of Transportation (DOT) encouraged U.S. air carriers to apply for licensing and authorization to offer flights to Cuba.

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Best PracticesCBPCustoms BrokerEventsImportSpeaking

Diaz Trade Consulting Partners with 305 Cargo and SBDC on Compliance Seminars

posted by Jennifer Diaz February 23, 2016 0 comments

SeminarDiaz Trade Consulting partners with leading experts to bring you compliance seminars catered to your international business.

COMPLIANCE SEMINARS FOR INDIVIDUALS & SMALL BUSINESSES

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