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31,560 Shipments Were Seized by CBP in 2016 for ONE Reason

posted by Jennifer Diaz March 23, 2017 0 comments

ipr

Last year, on a typical day the U.S. Customs and Border Protections (CBP) seized about $3.8 million worth of products because of Intellectual Property Rights (IPR) Violations. CBP reported that the total number of IPR seizures has increased nine (9) percent since last year, from 28,865 in 2015 to 31,560 in 2016. With the manufacturer’s suggested retail price (MSRP) exceeding $1.3 trillion.

What is Causing the Increase in Seizures?

Recordation of Trademark And Copyright With The CBP

In addition to registration of IPR with the U.S. Patent and Trademark Office (USPTO for trademarks), or the U.S. Copyright Office (for copyrights), owners can record said trademark or copyright with CBP. This additional step grants CBP additional enforcement power in both seizing counterfeit and piratical goods as well as thereafter issuing penalties for the MSRP value of the goods. In previous blog posts, we explained benefits of taking the extra step of recording your registered trademark or copyright with CBP, and CBP’s additional enforcement powers as a result of the recordations. Continue Reading

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The Centers For Excellence and Expertise Have Arrived!

posted by Jennifer Diaz March 17, 2017 0 comments

Screen Shot 2017-03-16 at 8.33.06 PMWhat are the Centers for Excellence and Expertise?

CBP is changing how it does business. CBP envisions an end to port shopping and uniform decision making throughout all ports of entry via use of the Centers of Excellence and Expertise (CEE). We previously advised our readers that a CEE was arriving in Miami!

By way of background, in 2012, Customs and Border Protection (CBP) published a Federal Register notice (77 FR 52048) that “developed a test to incrementally transition the operational trade functions that traditionally reside with port directors to the CEE.” The purpose of the test was to expand the CEEs’ ability to make decisions, by allowing the directors of the CEE to make decisions that were normally reserved for port directors. CBP’s goal for the CEEs is to “facilitate trade, reduce transaction costs, increase compliance with applicable port laws, and to achieve uniformity of treatment at the ports of entry for the identified industries (77 FR 52048).”

CBP discussed the application process, and urged importers to apply to a CEE to begin receiving the benefits of being a participating account early.

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Best PracticesCBPCustoms BrokerDepartment of Homeland SecurityEventsImportInternational TravelU.S.Customs

CBP’s 2017 West Coast Trade Symposium…Don’t Miss It!

posted by Jennifer Diaz February 20, 2017 4 Comments

west coast trade symposium

UPDATE – CBP JUST ANNOUNCED TODAY that registration will OFFICIALLY open on Wednesday, March 22, 2017, 12:00 pm Eastern. Keep your eyes peeled for more information from CBP!

We always strive to keep you informed of the latest and greatest trade events. In this vain, U.S. Customs and Border Protection will be hosting the 2017 West Coast Trade Symposium from May 24-25 in Scottsdale, Arizona.

More information about the event, including where to register, will be provided at a later date (and will be posted here). You can be sure we’ll keep you in the loop as we hear more.

If you need reasons to attend (or to get your employer to foot the bill), check out these top 5 reasons!

CBPExportImport

Hate Unfair Demurrage Charges? Want to Do Something About it?

posted by Jennifer Diaz February 16, 2017 0 comments

FMC seal

Now’s the time to make your voice heard. Below details what demurrage charges are and a trade initiative that FMC is currently requesting comments on.

What is demurrage?

How Much Time is Provided for Free?

 What is Being Done to Change this Demurrage Fee?

  • Back in December, “the Coalition for Fair Port Practices, a group of 25 members that represent shippers, receivers, motor carriers, port draymen, freight forwarders, third-party logistics companies and customs brokers”, petitioned the Federal Maritime Commission (FMC) in hopes that the FMC would issue a ruling on extending the free time for container storage and equipment use that is disrupted by events outside of their control. Such events could be poor infrastructure, weather events, a carrier bankruptcy, port labor issues, etc.

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Best PracticesCBPEPAExportImport

New Executive Order…Will Small Businesses Benefit?

posted by Jennifer Diaz February 13, 2017 0 comments

cui-sealOn January 30th, the Office of the Press Secretary released the Executive Order (EO) on reducing federal regulations and controlling regulatory costs. This latest EO requires that all federal agencies “cut two existing regulations for every new regulation they implement”. According to President Trump, this EO is meant to help small businesses by easing “the opening and expansion of small businesses” and the “incremental costs for the new regulations in 2017 will be zero dollars”. The EO requires “for every one new regulation issued, at least two prior regulations be identified for elimination, and that the cost of planned regulations be prudently managed and controlled through a budgeting process.” There will also be “certain categories of regulations that will be exempt from this new policy, including those dealing with the military and national security”.

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Best PracticesBISCBPCosmeticsCubaEventsExportFDA IssuesImportIPR, Trademarks and LogosSeizuresSpeakingU.S.Customs

Top Successes of Diaz Trade Law (DTL) & Diaz Trade Consulting (DTC) in 2016!

posted by Jennifer Diaz January 26, 2017 0 comments

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DTL saved clients MILLIONS of dollars in 2016, below we list a summary of some of our compliance successes!

U.S. Customs & Border Protection (CBP)

  • Assisted an importer in having $434,486.00 worth of goods seized returned to it in a RECORD 24 working days, with a signed settlement agreement with CBP in a record 17 working days!
  • Assisted an importer in having $324,466.00 worth of goods seized for an underlying AES violation returned.
  •  Assisted importers in filing prior disclosures that were accepted by CBP, advising of errors found, and avoiding substantial penalties.
  •  Assisted importers in successfully responding to CBP 28’s and 29’s resulting in close outs, and no further enforcement action by CBP!
  •  Assisted importers in creating and maintaining pre-compliance programs to evaluate intellectual property rights and pre-report merchandise to CBP resulting in expedited entry into the U.S. with no delays or examinations by CBP.

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VW to pay HIGHEST CBP PENALTY EVER, $1.45 Billion!

posted by Jennifer Diaz January 19, 2017 0 comments

Screen Shot 2017-01-18 at 11.48.28 AMOn January 11, 2017, the U.S. Customs and Border Protection (CBP) and the Attorney General announced the largest criminal and civil settlement ever against Volkswagen (VW) that totaled $4.3 billion. The breakdown of the settlement was $2.8 billion for the criminal penalty and $1.45 billion for a combined civil penalty for both the CBP and the Environmental Protection Agency (EPA). Volkswagen agreed to plead guilty to three felony criminal counts and pay the $2.8 billion dollar penalty. The $1.45 billion combined settlement was for EPA’s “claim for civil penalties against VW in connection with VW’s importation and sale of these cars” as well as CBP’s claim for customs fraud.

CBP’s part of the $1.45 billion settlement dealt with a violation of 19 U.S.C. §1952, which “prohibits persons, by fraud, gross negligence or negligence, from entering or introducing, attempting to introduce, or aiding and abetting the entry or introduction of merchandise into the commerce of the United States, by means of statements or acts that are material and false, or by means of omissions which are material”.

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Don’t Gamble with Compliance

posted by Jennifer Diaz January 6, 2017 0 comments

massconversions Are you interested in e-Commerce? Have a desire to go to Vegas?

Diaz Trade Law founder Jennifer Diaz will be speaking at the upcoming Massconversions Live e-Commerce conference in Las Vegas, Nevada. Jennifer’s presentation will focus on the TOP 10 Tips to Comply with Customs When Buying Online. Attendees will, by the end of her presentation, know and understand the importance of:

• Tariff classification
• Customs valuation
• Country of origin marking
• Intellectual Property Rights (IPR) Protection and CBP Enforcement
• Free Trade Agreements (FTAs)

Attendees will also learn basic customs concepts and terms like:

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Now, More than Ever, Be Wary of and Responsive to a CBP Form 28!

posted by Jennifer Diaz December 22, 2016 0 comments

rob-articleU.S. Customs and Border Protection (“CBP”), having previously identified AD/CVD evasion as priority trade issue, is ramping up its efforts to further combat AD/CVD evasion. Effective August 22, 2016, interested parties can, in addition to pursuing either a civil False Claims Act/Qui Tam Action or a criminal trade violation, now report Enforce and Protect Act (“EAPA”) violations using CBP’s e-Allegation mechanism.

Who is an Interested Party?

Interested parties qualified to use this violation reporting mechanism include:

• Foreign manufacturers, producers, exporters, or importers of covered merchandise or a trade or business association a majority of the members of which are producers, exporters, or importers of such merchandise
• Manufacturers, producers, exporters, or importers in the U.S. of a domestic like product
• A certified union or recognized union group of workers that is representative of an industry engaged in the manufacture, production or wholesale of a domestic like product in the U.S.
• A trade or business association a majority of the members of which manufacture, produce, or wholesale a domestic like product in the U.S.
• If covered merchandise is a processed agricultural product, a coalition or trade union that is representative of processors, processors and producers, or processors and growers Continue Reading