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AILA CLE Luncheon: Ports of Entry – Searches, Seizures and More!

posted by Jennifer Diaz November 7, 2017 0 comments

fghdghDo you know rights (and your clients’ rights) when encountering law enforcement at airports and other ports of entry? Join us at The Rusty Pelican on Wednesday, November 15, 2017, at 11:45AM for an interactive discussion on various issues being encountered by travelers at ports of entry. Our panel of experts will discuss:
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Best PracticesCBPCounterfeitsImportIPR, Trademarks and LogosSeizuresU.S.CustomsUncategorized

The UGG Boots Story: How Recording Your Registered Trademark Can Lead to a Jail Sentence

posted by Jennifer Diaz October 19, 2017 0 comments

At the end of September 2017, Shi Wei Zheng, 42, plead guilty to one count of trafficking in counterfeit goods. During a five-month period, Zheng trafficked over 15,000 pairs of counterfeit UGG boots, with a total estimated retail value of over $2.5 million.
alg-ugg-boots-jpg
Zheng created an elaborate scheme in order to receive and sell counterfeit UGG boots. From September 2016 through February 2017, Zheng received several shipping containers from an individual overseas, of which at least three containers were filled with counterfeit UGG boots. After the containers reached the Port of Entry, in this instance, Port of Newark, Zheng had individuals working at the port, remove the containers from the port before U.S. Customs and Border Patrol (CBP) could examine them. Once removed, the containers were delivered to other individuals, paid by Zheng to distribute the counterfeit boots in New Jersey and other places. Continue Reading

Best PracticesCBPCustoms BrokerFDA IssuesFoodImportUncategorized

UPDATE: FDA Delays Compliance Dates for the New Nutrition Facts Label Rule

posted by Jennifer Diaz October 6, 2017 0 comments

 

compliance

In an earlier article, we detailed some of the new changes that would be implemented with the new Nutrition Facts Label rule. That article also provided the compliance dates for the rule. On September 29,2017, however, the FDA proposed yet another deadline extension for food companies to bring their products’ labeling into compliance with the new Nutrition Facts Label rule. Amid concerns of requiring more time to implement the final rules, raised by trade groups and companies, the FDA decided to further delay the compliance dates. The proposed extension dates are January 1, 2020, for companies with food sales of $10 million or more a year and January 1, 2021, for companies with less than $10 million a year in food sales.

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Best PracticesCBPCustoms BrokerFDA IssuesFoodImportUncategorized

FDA Extends Compliance Dates for the New Nutrition Facts Label Rule

posted by Jennifer Diaz August 11, 2017 0 comments

 

Nutrition FactsTake a look at any food label. Check out the back panel entitled, “Nutrition Facts”. It should look similar to the image on the left. Take a look at the total carbohydrate. In this sample, the total carbs is 37g, with 4g of dietary fiber, and 1g of sugar. That leaves 32g of carbohydrates unaccounted for! What are those carbs you might wonder? Well, a majority of them are added sugars.

On May 20, 2016 the FDA finalized the new Nutrition Facts label final rule for packaged foods. It was the first major update, and regulation, to the nutrition facts label in 20 years. The FDA’s regulation targeted sugars, in particular “added sugars”, and provided a major update to the amount of nutrients people customarily consume. Additionally, the nutrition facts label received a face lift.

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Best PracticesFDA IssuesImportMedical DevicesU.S.CustomsUncategorized

WHAT DO CONTACT LENSES, DENTAL FLOSS, AND PACEMAKERS HAVE IN COMMON?

posted by Jennifer Diaz June 12, 2017 0 comments

Medical DevicesOne might naturally think of a product like a defibrillator as a medical device, but in our business, we find many companies unsure if its products are, in fact, medical devices.

The following is the first of a two part series which you may use as a helpful guide to get you through the medical device maze. First is a description of what medical devices are, and helpful hints so that you may identify if your product is regulated as a medical device. Second is a brief overview of FDA’s regulation of medical devices. The second part of the series will discuss the classes of medical devices, and the FDA registration process.

What is a Medical Device? Continue Reading

Best PracticesUncategorized

Is “Made in the USA” Really Made in the USA?

posted by Jennifer Diaz April 4, 2017 0 comments

downloadWhich Federal Agency Regulates the “Made in the USA” Claim?

The Federal Trade Commission (“FTC” or “the Commission”) “is charged with preventing deception and unfairness in the marketplace. The FTC created an Act that would allow the Commission to bring legal action “against false or misleading claims that a product is of U.S. origin”.

When Can I Say Made in the USA?

  • For a product to be considered as “Made in the USA” without qualification, that product must be “all or virtually all” made in the U.S. How the Commission determines whether a product is “all or virtually all” made in the U.S., by looking at whether there was “a ‘reasonable basis’ to support the claim at the time it is made”. To prove the “reasonable basis” standard, a manufacturer or marketer must provide “competent and reliable evidence” to the FTC.
  • A qualified Made in the USA claim must describe “the extent, amount or type of [its] domestic content or processing”. This allows the consumer to know “that the product isn’t entirely of domestic origin”. The FTC warns that qualified claims can be tricky, so it is best to “avoid qualified claims unless the product has a significant amount of U.S. content or U.S. processing”.
    • Ex: “60% U.S. content. Made in USA of U.S. and imported parts. Couch assembled in USA from Italian Leather and Mexican Frame.”
  • For a complete understanding of the FTC’s Made in the USA standard, take a look at “Complying with the MADE IN USA STANDARD”.

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Freight ForwardingOTI LicenseUncategorized

New FMC License Renewal Process

posted by Jennifer Diaz March 28, 2017 0 comments

infinitely many containers in a cargo port on red sea

The Federal Maritime Commission (FMC) final rule governing licensing has been in effect since December 9, 2016. Under the new final rule, the FMC is requiring Ocean Freight Forwarder (OFF) and Non Vessel Owning Common Carrier (NVOCC) licenses to be renewed every 3 years using the new online license renewal system.

The FMC already sent out the first 146 notifications. DTL clients who are FMC Licensees may face cancellation if they fail to renew or update their license every three years. The great news is, now you are able to leave the heavy lifting to DTL.

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Uncategorized

HOVERBOARD RECALLS DUE TO EXPLOSIONS

posted by Jennifer Diaz July 26, 2016 0 comments

Exploding hoverboardBack in January, we addressed Ongoing Hoverboard concerns and numerous CBP seizure cases. Now, the Consumer Product Safety Commission (CPSC) announced ten companies have recalled about half a million self-balancing scooters/hoverboards made in China. However, the recall isn’t because of the countless risks hoverboards pose to unwary riders, instead it is because the lithium-ion battery packs in these products can overheat, creating a risk that the hoverboards will start to smoke, catch fire and/or explode. The list of the ten firms is here. Below are the models impacted: Continue Reading

C-TPATCBPEventsExportU.S.CustomsUncategorized

Register NOW: Trade Day Hosted by CBP

posted by Jennifer Diaz July 26, 2016 0 comments

Trade DayHave you wanted a better relationship with U.S. Customs and Border Protection (CBP)? Wanted to meet key personnel within numerous departments of CBP and different PGA’s? Here’s the time to take advantage: Trade Day is coming to Miami, courtesy of CBP, on August 4, 2016. Did we mention it’s FREE?! Calling all importers, exporters, customhouse brokers, freight forwarders and all other interested parties in the international trade community – if you have been looking for an opportunity to meet with government officials that are responsible for processing and facilitating trade related import transactions and to get educated and ask more questions about ACE and CEE’s, this is your chance.

If you missed the previous Trade Day don’t miss this opportunity to: Continue Reading

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Top Trade Attorney Jennifer Diaz Opens Diaz Trade Law, P.A.

posted by Jennifer Diaz January 7, 2016 0 comments

Jennifer Diaz, Esq., former shareholder and chair of the Customs and International Trade practice group in the Miami office of law firm Becker & Poliakoff, has announced the opening of DIAZ TRADE LAW, P.A., specializing in Customs and International Trade Services. Ms. Diaz will remain Of Counsel to Becker & Poliakoff.

Ms. Diaz is Board Certified in International Law by the Florida Bar.  She received a law degree from Nova Southeastern University and a bachelor’s degree from the University of Miami. Throughout her career, Diaz has been recognized as an outstanding leader and since 2012 has been named a “Rising Star” by Super Lawyers, is AV Rated, and has received numerous awards and accolades including: “40 Under 40 Outstanding Lawyers of South Florida” award, Cystic Fibrosis Foundation; Winner of  2015 AXA Advisors Global Businesswomen of the Year Award; “Outstanding Committee Outreach Award,” Young Interest Network (YIN) Co-Chair, American Bar Association; International Women’s Day Honoree, World Trade Center.

Ms. Diaz is an expert in working with the many Federal agencies that regulate trade and prides herself on being proactive and results oriented on behalf of clients. She is a sought after professional speaker and writer, known for engaging her audiences and easily explaining dense subject matter.
ANNOUNCEMENT

ABOUT DIAZ TRADE LAW, P.A.

Diaz Trade Law represents global clients of every size, from individuals and small businesses to Fortune 500 companies in import and/or export compliance and enforcement mitigation services.  The firm has expertise in assisting companies in successfully complying with the vast U. S. federal laws and regulations for import and export transactions as well as supply chain security. We are passionate about developing strategies with clients to achieve successful results while complying with U.S. government agencies. For more information, visit: www.diaztradelaw.com.