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Customs

Best PracticesCBPEventsFTAImportIPR, Trademarks and LogosSpeakingU.S.Customs

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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Best PracticesCBPCounterfeitsImportIPR, Trademarks and LogosSeizuresU.S.Customs

U.S. Customs – Your Personal Policeman at the Border

posted by Jennifer Diaz December 6, 2016 2 Comments

counterfeitMany companies mistakenly believe that registering a trademark or copyright with the U.S. Government provides sufficient protection and remedies, and, therefore, do not take the extra step to record those trademarks or copyrights with U.S. Customs and Border Protection (U.S. Customs).

The processes achieve two completely different goals.

Registering a trademark with the U.S. Patent and Trademark Office (USPTO) or copyright with the U.S. Copyright Office gives public notice of one’s ownership of the trademark or copyright. On the other hand, the purpose of recording a trademark or copyright with U.S. Customs is to partner with the agency in preventing the unauthorized importation of merchandise that bears a recorded trademark or copyright. U.S. Customs prevents counterfeit and otherwise infringing products from entering or exiting the United States for registered trademark or copyright holders who have recorded their trademarks or copyrights with Customs. Continue Reading

Best PracticesCBPCustoms BrokerEventsImportSpeakingU.S.Customs

Why Pre-Compliance is a MUST

posted by Jennifer Diaz April 7, 2016 13 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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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.

 

 

Best PracticesCBPImportSpeakingU.S.Customs

Jen Diaz to Speak on Import Regulations

posted by Jennifer Diaz October 6, 2014 0 comments

IBTE2014 FLYERThe 11th Annual International Business Trade Expo (IBTE), “Expanding Beyond Our Borders,” will be held Thursday, October 16, 2014 at the Broward Center for the Performing Arts. 

The event promotes international trade and highlights the significant impact that bilateral trade has in South Florida’s economy. IBTE is hosted by the Lauderhill Regional Chamber of Commerce (LRCC) in partnership with: Florida Chamber of Commerce; Enterprise Florida; City of Lauderhill; Broward Center for the Performing Arts; Unique Production International, and MD Marketing Network.

Business leaders from across the globe will convene to strategize on how to promote and expand bilateral trade between Florida the Caribbean and Latin America. Attendees will hear from experts on trade issues and regulations affecting Florida’s international business economy, and more.

Featured Speakers, Panels and Workshops are listed below:

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CBPCustoms BrokerDepartment of Homeland SecurityEventsExportImportU.S.Customs

CBP Trade Day – Port of Miami

posted by Jennifer Diaz March 17, 2014 1 Comment

cargo at portTrade Day is coming to Miami, courtesy of U.S. Customs and Border Protection, (CBP) on April 2, 2014.  The ports of  Champlain, Boston, Savannah, Buffalo and Detroit have held Trade Day (some already twice) and we are thrilled CBP’s Port of Miami is bringing Trade Day to us.

This is the time to take advantage.  Importers, exporters, customhouse brokers, freight forwarders and all other interested parties in the international trade community – if you have been looking for an informal opportunity to meet one-on-one with government officials that are responsible for processing and facilitating trade related import transactions and enforcing the various Free Trade Agreements and trade laws, this is your chance.

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CBPImportU.S.Customs

Take 2 – Registration Now Opens For CBP’s Symposium in DC

posted by Jennifer Diaz December 18, 2013 0 comments

Mark your calendars – the CBP 2014 East Coast Trade Symposium is back on and scheduled for March 6-7, 2014, at the Washington Hilton Hotel in Washington, D.C.

The theme remains the same – “Increasing Economic Competitiveness Through Global Partnerships and Innovation”.

Based on the overwhelming interest received by CBP for participation at the Symposium, CBP is limiting attendance to three (3) participants per company to afford equal representation from all members of the international trade community.  If a company exceeds the limitation, subsequent registrations will automatically be placed on the waiting list.

Registration for onsite participation has increased to $128, and will open TODAY, December 18, 2014 at 12:00 p.m. EST.  Act fast, this event is usually sold out typically within a day!

Attendance at the Symposium is an excellent opportunity to meet with all levels at CBP, so take advantage of this opportunity!

See you at the CBP Symposium!

Best PracticesCBPCounterfeitsImportSeizures

Large Seizure by CBP Highlights High Margins of Counterfeiting, and Necessity of Recordation

posted by Jennifer Diaz November 4, 2013 0 comments

Co Authored by Michael De Biase 

One of CBP’s latest news releases, dated September 27, 2013, noted that more than 16,000 counterfeit Hermes handbags were seized by Customs and Border Protection (“CBP”) because Hermes took the extra step of recording their intellectual property with CBP.   Not surprisingly, when you analyze the difference between the alleged value of the counterfeit products (reported to CBP) as compared to the suggested retail price of the genuine goods, you have a grave difference. In this case, $295,665 (value of counterfeit goods) compared to $210,785,475 (value of genuine goods).  That’s over $210 million worth of potential profits for the counterfeiters, at the expense of Hermes – a crime in every sense. Because Hermes recorded its intellectual property with CBP, CBP seized this infringing merchandise, and will also have the ability to issue a penalty for the MSRP of the merchandise. Yes, that means a penalty in the amount of $210,785,475 will be coming to the counterfeiters!

Most often, counterfeiters target large luxury brands whose goodwill and name recognition has a certain element of exclusivity.  While some may not sympathize with profitable companies, what they fail to realize is that counterfeiting hurts in a variety of other ways. Counterfeiting hurts consumers who buy products under the false impression that they are genuine, companies whose goodwill is tarnished by the inferior quality of the counterfeit products bearing their brands, and it hurts those who worked hard to build something of substantial value.  In this case, Hermes lost out on, potentially, more than $210 million dollars in revenue.  That is not only felt by Hermes the corporation, it hurts the retail stores and the malls they’re in, the shipping companies, the raw materials developers, and the families of the employees for all of these parties.

Luckily for importers and consumers, CBP recognizes the importance of intellectual property protection and provides assistance in stopping the infringing products at our borders.  CBP’s Intellectual Property Rights Recordation (“IPRR”) system allows holders of registered trademarks and copyrights to record their registration with CBP, so that CBP can police the borders for infringing goods.  Once recorded, it is entered into a online search system named IPRS. According to the news released mentioned above regarding catching counterfeiting Hermes at the border, once intellectual property is recorded with CBP,

CBP officers are trained to identify and interdict counterfeit goods, and this is a great example of how their training and expertise are employed every day in our ports of entry,” said CBP Director of Field Operations in Los Angeles Todd C. Owen

Considering the incentives for counterfeiters along with the potential losses for intellectual property rights holders, companies that import merchandise must consider recordation a necessity. Importantly, when you record your marks, you must go to an expert in this area – as this is your opportunity to train CBP on the methods of policing your mark – and only trained experts can work on this proficiently so you have the best results with CBP, like Hermes did. To learn more about the top four benefits of recording your intellectual property, review this article.

To get started on recording your intellectual property, or if you have any questions on how to best have CBP police your recorded trademarks and copyrights, please contact Michael or me

CBPCustoms BrokerEventsImport

ACI’s Import Compliance & Enforcement Conference,

posted by Jennifer Diaz May 6, 2013 1 Comment

The American Conference Institute will be having its 8th Import Compliance and Enforcement Conference on June 11, 2013, in Washington DC. The conference will consist of two days full of lectures discussing highly complex U.S. import compliance challenges, along with how to satisfy Canadian and Mexican customs authorities. Unlike previous conferences, this unique event is designed to provide attendees with a comprehensive benchmarking experience, where participants can exchange best practices and lessons learned for 2013 and beyond. Some of the most notable industry experts that will be present are Chrystler, Hershey, Williams-Sonoma, Boeing, IBM, General Electric, Cisco, Tyco and yours truly.

This event is uniquely designed to maximize benchmarking on how to resolve the most complex, pressing import compliance issues affecting the industry. The new program features for 2013 are:

  • Two highly focused sessions on valuation and transfer pricing:
  • ISA member case studies: New and longstanding members speak about their recent experiences, and how to meet ISA requirements.
  • Inside a focused assessment: Lessons learned from recent experiences on how to handle common and unanticipated CBP requests
  • C-TPAT and Foreign Re-Validations: Meeting new expectations for C-TPAT risk assessments, and how the new EU Mutual Recognition Agreement affects importer validation requirements
  • NAFTA, CAFTA, and US-Korea – FTA success stories:
    • The finer points to minimizing duties, fees, taxes, red tape, and proving origin
  • Developing a global strategy for customs classification and tariff engineering.

One of the most notable topics discussed will be broker selection and management. I have the privilege to discuss important aspects within the broker selection and management process such as:

  • Detecting warning signs: How far you need to go in conducting due diligence.
  • Designing a questionnaire for brokers: Assessing the skills, experience, and resources of customs brokers. 
  • Evaluating brokers’ supply chain relationships
  • Quantifying risk factors
  • Communicating compliance expectations and requirements to brokers, and developing guidelines for your brokers
  • Where the importer and broker responsibilities begin and end
  • Incorporating contractual safeguards, including audit mechanisms
  • How to monitor compliance, and what to do if you suspect or discover non-compliance by a broker
  • Auditing foreign brokers, and conducting periodic review sand site visits
  • When and how to terminate the relationship
  • What constitutes customs brokering and business,and how to avoid unintended brokering activities 

The conference will kick-off with discussions about strengthening global trade compliance. Meredith Covey, Director of Customs Operations and Compliance at Williams-Sonoma Inc., will discuss real world issues related to the implementation and monitoring of monitoring a global import compliance program. She will discuss structures, resources, tools, and techniques leading companies are using to implement, manage, and monitor an import compliance program. Following the conclusion of multiple speakers discussing these aspects, a discussion on Canadian customs regulations and enforcement will ensue. Eric Trudel, a Manager of CBSA, will discuss the key concepts and common pitfalls to compliance in Canada. 

The ACI offers my clients and colleagues, and you, my special blog followers, a discounted price to attend the conference on June 11-12. This rate will expire on May 17th.  Contact Adina Schwartz, JD, at 310-295-9789 or A.Schwartz@AmericanConference.com to get your discounted rate!  You don’t want to miss this! 

U.S.Customs

2012 International Trade Law Update

posted by Customs & International Trade Law Blog February 6, 2012 1 Comment

The prestigious, annual Georgetown International Trade Law Update takes place February 9-10, 2012 in Washington, D.C.  The 2012 International Trade Update  is sponsored by the Georgetown University Law Center. The conference is sure to provide you practical, topical, and timely information that you can use back at your desk – whether you are a private practitioner, government attorney, or in-house counsel.

According to the press release:

This year’s program aims to provide you with the most important new developments affecting the trade and customs bars, as well as critical interpretations of those developments by senior partners at law firms, top government officials, judges, and corporate counsel.

My presentation is entitled "U.S. Customs and Border Protection Administrative Enforcement Process:  Fines, Penalties, Forfeitures and Liquidated Damages Overview". Just like my fellow panelists, John Connors who is Chief of the CBP Penalties Branch, and Richard Belanger who is a partner at Sidley Austin, the presentation is aimed at the experienced customs and international practitioner who is already familiar with the basic policies and procedures of CBP.

For those interested in attending the conference, more information is available on the website.