17 05, 2024

Customs and Trade News Weekly Snapshot

By |2024-05-17T09:29:53-04:00May 17, 2024|Snapshot|0 Comments

Here is a recap of the latest customs and international trade law news:        

Administration 

  • White House announces further Section 301 tariff hikes on Chinese goods. Impacted sectors include: steel and aluminum, semiconductors, electric vehicles, batteries, critical minerals, solar cells, ship-to-shore cranes, and medical products. 
  • The Administration announced several new solar panel related policies including the removal of the bifacial module exclusion under Section 201. 

Customs and Border Protection (CBP)  

  • CBP issues April monthly update. Highlights: 
    • Stopped 392 shipments valued at more than $184 million for further examination based on the suspected use of forced labor. 
    • Identified duties of nearly $6.4 billion to be collected. 
    • Seized 1,736 shipments that contained counterfeit goods valued at more than $235 million. 
  • CBP has created several resources for small businesses engaging in imports and exports. These include videos and slick sheets with access to relevant information.  
  • CBP issued guidance on importer obligations in completing origin documents.  
17 05, 2024

Trade News: New Antidumping Case Filed Against Disposable Aluminum Containers, Pans and Trays from China

By |2024-05-17T09:27:26-04:00May 17, 2024|AD/CVD, U.S. Department of Commerce (DOC)|0 Comments

A petition was filed on May 16, 2024 seeking the imposition of antidumping duties on imports of disposable aluminum, containers, pans, and trays from China.

Full list of producers and exporters here. Full list of U.S. importers here.

The merchandise covered is disposable aluminum containers, pans, and trays produced primarily from flat- rolled aluminum. The subject merchandise includes disposable aluminum containers, pans, and trays regardless of shape or size. The covered disposable aluminum containers are typically used in food-related applications, including but not limited to food preparation, packaging, and baking.

Full scope here.

The Commerce Department will determine whether to initiate the investigations within 20 days. The USITC will reach a preliminary determination of material injury or threat of material injury within 45 days.

As with any proceeding, participation is very important to protect your rights. We urge anyone who imports disposable aluminum containers, pans, and trays to pay close attention to this case and to ensure that all appropriate steps are taken to mitigate any damage.

Diaz Trade Law will continue to monitor this case and share updates. For more information or questions get in touch with us at 305-456-3830 or info@diaztradelaw.com.

17 05, 2024

Upcoming Training: CBP Regulations: Essential Practices for Import Success 

By |2024-05-17T09:24:50-04:00May 17, 2024|Best Practices, Import|0 Comments

Join us in person at the World Trade Center Miami or on Zoom! Eligible for 3 CCS continuing education credits. 

 Many mistake the ease of importing to mean there is no liability or obligation on the part of the importer. However, if you import merchandise into the U.S., you may not realize, but, you are the responsible party! That means you have a duty to exercise “reasonable care” when importing.  

 What is reasonable care? Importers must conduct themselves as a reasonable importer would under the circumstance with respect to importing prior to entering goods into the United States. They must:  

  • Meet the standard to enter, classify and determine the value of imported goods 
  • Provide other information necessary to aid U.S. Customs and Border Protection (CBP) in properly assessing duties and collecting accurate statistics 
  • Determining whether other applicable legal standards and requirements have been met 

Read more about reasonable care in our Bloomberg Law article here. 

All importers should have a plan in place to navigate merchandise descriptions & classification, product valuation, country of origin, intellectual property rights, forced labor, quotas, requirements of other agencies, and more. 

In this presentation, our speakers will discuss how to comply with CBP’s vast laws and regulations. By the end of […]

10 05, 2024

Customs and Trade News Weekly Snapshot

By |2024-05-10T14:12:11-04:00May 10, 2024|Snapshot|0 Comments

Here is a recap of the latest customs and international trade law news:     

Customs and Border Protection (CBP) 

  • CBP issued guidance regarding an Office of the U.S. Trade Representative (USTR) Section 301 China Conforming Amendment.
    • The guidance focuses on one previously reinstated Section 301 exclusion, replacing HTSUS classification 2929.90.5090 with HTSUS classification 2929.90.5095, effective Jan. 1, 2024.
  • Details regarding this CBP guidance are available here.
  • CBP issues important reminder on the importation of flowers and other greenery ahead of Mother’s Day.
  • EAPA case update: Case 7853: Just About Foods LLC – Notice of initiation of investigation and interim measures.

Department of Commerce

  • Commerce has revoked some licenses that allowed companies including Intel and Qualcomm to ship chips to Chinese telecom equipment maker Huawei. 

U.S. Department of Treasury

  • Treasury imposes nearly 300 new sanctions to evade Russia’s military-industrial base.

U.S. State Department

  • The State Department issued a proposed rule to amend the International Traffic in Arms Regulations (ITAR) that would include a license exemption to support defense trade between the U.S. and two of its closest allies—Australia and […]
3 05, 2024

Customs and Trade News Weekly Snapshot

By |2024-05-03T15:22:36-04:00May 3, 2024|Snapshot|Comments Off on Customs and Trade News Weekly Snapshot

Here is a recap of the latest customs and international trade law news:        

Customs and Border Protection (CBP)  

  • CBP launched a new webpage to keep the customs broker industry informed about the agency’s Continuing Education for Licensed Customs Brokers Final Rule.   
  • CBP announces additional features now available in modernized ACE portal: 
    • Account owners can edit contact information 
    • Automatic removal of employees as licensed brokers 
    • Automatic checks for duplicate HTS numbers 
  • CBP along with CPSC compliance investigators seized 96 baby walkers, 216 autism balance chairs, 492 baby changing tables, 196 baby/kids step stools, and 1,296 alphabet mystery box toys for failing to comply with U.S. child safety standards.  
  • CBP announced that the Poker Creek Port of Entry in Anchorage, Alaska will re-open for the summer 2024 season. The port of entry is scheduled to open on May 17, 2024, and will close on September 15, 2024. 
  • CBP
26 04, 2024

Customs and Trade News Weekly Snapshot

By |2024-04-26T15:45:39-04:00April 26, 2024|Snapshot|Comments Off on Customs and Trade News Weekly Snapshot

Here is a recap of the latest customs and international trade law news:      

Customs and Border Protection (CBP) 

  • CBP provides guidance on reporting indicators of compromise related to cyberattacks 
    • The guidance encourages industry to report indicators of compromise to CBP so that the agency can limit the impact of a cyber-attack and more quickly reconnect CBP systems access for impacted parties. 
  • CBP & Canon USA announce partnership against counterfeit products 
    • Under the partnership, Canon will donate 328 verification tools to CBP cargo and mail facilities to aid in authenticating a variety of Canon merchandise.  
  • At the port of Rochester, N.Y., CBP officers found several shipments that contained multiple “designer” clothing, shoes, handbags and watches, as well as Airpods and NBA branded rookie cards.  
    • All the items were determined to be not authentic and were seized. Had these items been genuine, the total MSRP value would be approximately $408,805 dollars. 
  • CBP officers seize counterfeit designer watches worth over $50,000. 
  • CBP sets […]
26 04, 2024

Trade News: New Petition Filed Against Solar Cells and Modules from Cambodia, Malaysia, Thailand, and Vietnam

By |2024-04-26T15:36:45-04:00April 26, 2024|AD/CVD, U.S. Department of Commerce (DOC)|Comments Off on Trade News: New Petition Filed Against Solar Cells and Modules from Cambodia, Malaysia, Thailand, and Vietnam

A petition was filed on April 24, 2024 seeking the imposition of antidumping and countervailing (AD/CVD) duties on imports of crystalline silicon photovoltaic (CSPV) solar cells and modules from Cambodia, Malaysia, Thailand, and Vietnam.

The petition was filed by the American Alliance for Solar Manufacturing Trade Committee, a coalition comprised of four domestic producers.

Full list of producers here. Full list of U.S. importers here.

The scope covers crystalline silicon photovoltaic cells and modules, laminates, and panels, consisting of crystalline silicon photovoltaic cells, whether or not partially or fully assembled into other products, including, but not limited to: modules, laminates, panels, and building integrated materials. Full scope here.

The Commerce Department will determine whether to initiate the investigations within 20 days. The USITC will reach a preliminary determination of material injury or threat of material injury within 45 days.

As with any proceeding, participation is very important to protect your rights. We urge anyone that imports CSPV solar cells and modules to pay close attention to this case and to ensure that all appropriate steps are taken to mitigate any damage.

Diaz Trade Law will continue to monitor this case and share updates. For more information or questions get in touch with us at 305-456-3830 or info@diaztradelaw.com.

24 04, 2024

Trade News: New Petition Filed on Alkyl Phosphate Esters from China

By |2024-04-24T11:38:59-04:00April 24, 2024|AD/CVD, China, Countries, U.S. Department of Commerce (DOC)|Comments Off on Trade News: New Petition Filed on Alkyl Phosphate Esters from China

A petition was filed on April 23, 2024 that alleges alkyl phosphate esters from China are being sold at less than fair value and benefiting from countervailing subsidies. The petition was filed by ICL-IP America, Inc., a subsidiary of the ICL Group (“ICL”). Alleged dumping margins range from 45.1% to 68.4%.

Full list of producers here. Full list of U.S. importers here.

The scope of petition covers alkyl phosphate esters based exclusively on side chains with a length of two or three carbon atoms and a phosphorus content of at least 6.5 percent (per weight) and a viscosity between 1 and 2000 mPa.s (at 20-25 °C).  Full scope here.

The Commerce Department will determine whether to initiate the investigations within 20 days. The USITC will reach a preliminary determination of material injury or threat of material injury within 45 days.

As with any proceeding, participation is very important to protect your rights. We urge anyone that imports alkyl phosphate esters to pay close attention to this case and to ensure that all appropriate steps are taken to mitigate any damage.

Diaz Trade Law will continue to monitor this case and share updates. For more information or questions get in touch with us at 305-456-3830 or info@diaztradelaw.com.

19 04, 2024

From Chaos to Compliance: A Guide for Importers

By |2024-04-19T16:11:26-04:00April 19, 2024|Import, Pre-compliance, Reasonable Care, U.S. Customs and Border Protection (CBP)|Comments Off on From Chaos to Compliance: A Guide for Importers

Many mistake the ease of importing to mean there is no liability or obligation on the part of the importer. Whether your company is new to importing, or has been in the business for years, CBP expects importers to use “reasonable care” to ensure compliance with relevant rules and regulations. Importers are at risk of being subject to enforcement actions by CBP if they do not comply with the reasonable care standard when importing goods into the U.S. This article provides an overview of CBP’s expectations of an importer and practical advice on what you must have in your import compliance plan.

How Did We Get Here?

December 8th, 1993, the Dow Jones reached a record high of 3734.53, Janet Jackson’s “Again” remained number one on the charts, and President Bill Clinton signed the Customs Modernization Act (Mod Act). The Mod Act altered the import compliance landscape by making it the responsibility of the importer to classify items, determine their value, etc. The law also imposed a legal obligation to use “reasonable care” in doing so, or else Customs could (and would) impose penalties.

What Exactly is “Reasonable Care”?

Reasonable care requires importers to conduct themselves as a reasonable importer would under the circumstance with respect to importing goods into the United States.

Reasonable care requires importers to:

  • Meet the standard to enter, classify and determine the value of imported goods
  • Provide other information necessary to aid CBP in properly assessing duties and collecting accurate statistics
  • Determine whether other applicable legal standards and […]
19 04, 2024

Customs and Trade News Weekly Snapshot

By |2024-04-19T16:09:24-04:00April 19, 2024|Snapshot|Comments Off on Customs and Trade News Weekly Snapshot

Here is a recap of the latest customs and international trade law news:      

Customs and Border Protection (CBP)  

  • CBP releases March 2024 monthly update. Highlights: 
    • Processed more than 2.8 million entry summaries 
    • Identified estimated duties of nearly $6.2 billion to be collected by the U.S. government 
    • Stopped 749 shipments for further examination based on the suspected use of forced labor 
    • Seized 1,633 shipments that contained counterfeit goods 
  • CBP’s National Commodity Specialist Division (NCSD) has announced its webinar series lineup for May. View full list here. 
  • CBP published an update This is an update to their April 1 publication on vague cargo descriptions.  published on April 1, 2024.  
    • This nationwide cargo messaging will be sent in the SO20 record (position 8-57) with a Reference Identifier Qualifier “CMT” within the ACE Cargo Release Status Notification message.
  • EAPA Update: EAPA Case 7818: AMVC-Midwest LLC aka Midwest Livestock Systems, LLC (Notice of Determination as to Evasion). 

Department of Commerce (DOC)

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