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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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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.

 

 

CBPExportImportInternational TravelOFACUncategorized

Business with Cuba – What’s Legal and What’s Not?

posted by Jennifer Diaz December 17, 2014 0 comments

Cuban cigarPresident Obama announced that the U.S. will lay out “a new course in our relations with Cuba.” This could mean new changes for very specific sectors at first – travel, financial services, telecom/communications, and companies that make and sell building materials and agricultural equipment. The current Sanctions in place will be eased for those engaged in trade and commerce. Does this mean that Cuban cigars will be readily available for U.S. consumers? No. The specific details of how this will occur are not in place yet, however they should be in the coming weeks. This does not mean the Sanctions imposed by the Cuban Assets Control Regulations issued in 1963 will end (that would take Congressional approval), they will just be eased in the following ways. Read on for the full details. Continue Reading

FDA IssuesFoodFSMAUncategorized

MANDATORY BIENNIAL REGISTRATION RENEWAL TO TAKE PLACE OCTOBER-DECEMBER 2014

posted by Jennifer Diaz September 11, 2014 0 comments

Manuf foodMandatory Biennial Registration Renewal for Food Facilities will soon be required, on October 1, 2014 until December 31, 2014. If your facility is not re-registered with the FDA by December 31, 2014, FDA will cancel your Bioterrorism Act registration and your importations will be delayed. A FDA Registration number is mandatory to import food products into the U.S.

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Best PracticesFDA IssuesFoodFSMAGluten FreeImportUncategorized

FDA Helps Small Businesses Get Ready for New “Gluten-Free” Labeling Requirements

posted by Jennifer Diaz July 8, 2014 0 comments

GFAccording to the FDA, approximately 3 million people (or 1 in 133 people) in the United States have celiac disease (CD), including me. While there is currently no cure for CD, unfortunately, individuals who have the disease are advised to follow a strict gluten-free diet. Over time, the continued ingestion of gluten by Celiacs triggers the production of antibodies that attack and damage the lining of the small intestine. Such damage hinders the absorption of nutrients, which leads to an array of severe health issues. This makes truthful gluten-free labeling essential for a Celiac’s survival, and celiac’s like me ecstatic that the “gluten-free” claim will be enforced, come August 5, 2014. If you manufacturer a food product, and are not ready to comply, read on.

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Best PracticesBISEventsExportFreight ForwardingOFACUncategorized

Freight Forwarder Pays $125,000 Mitigated Penalty – Avoid This & Learn 11 Steps to Exporting

posted by Jennifer Diaz May 28, 2014 0 comments

Aramex Emirates, LLC, located in Dubai, United Arab Emirates (U.A.E.), agreed to pay a $125,000 civil penalty to the U.S. Department of Commerce’s (DOC) Bureau of Industry and Security (BIS) for the unlicensed export and reexport to Syria, via the U.A.E., of network devices and software without the required BIS licenses.

The Under Secretary of Commerce Eric L. Hirschhorn commented:

Today’s settlement shows the importance of compliance with U.S. law by foreign freight forwarders handling items subject to U.S. export controls.

The items in question could be used by the Syrian government to monitor Internet activity and block pro-democracy websites as part of its brutal crackdown against the Syrian people.

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CBP Updates Trade Community on GSP Expiration

posted by Jennifer Diaz May 16, 2014 0 comments

For those of you that relied on the Generalized System of Preferences (GSP) and are now subject to duties, CBP sent a notice today that directly impacts you.

A previous post discussed the expiration of GSP and need for congressional action to renew it. GSP expired July 31, 2013. Importers were advised to continue to use the Special Program Indicator (SPI) “A” when importing into the U.S., which would signify a valid claim for GSP but to pay duty subsequent to that date, so that in the event of a retroactive renewal, CBP could process refunds automatically.

Unfortunately, the picture above is still correct – the trade community is in limbo – will we get our duties refunded if we are entitled to GSP?  The answer… Yes, Maybe, No.  Not comforting or reassuring.

Today, CBP advised the trade community that:

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