19 02, 2024

Updates to CBP’s Global Business Identifier Test

By |2024-02-20T11:59:28-05:00February 19, 2024|U.S. Customs and Border Protection (CBP)|0 Comments

On February 12, 2024, CBP announced key updates to the ongoing Global Business Identifier Evaluative Proof of Concept (GBI EPoC). The agency extended the test from February 12, 2024, through February 23, 2027, clarified the purpose and scope of the test, and expanded the test to include more entry types and countries of origin.

GBI EPoC Background

The Automated Commercial Environment (ACE) is the system through which the U.S. Government processes trade-related import and export data. The transition away from paper-based procedures has resulted in faster, more streamlined processes for both the U.S. Government and industry. To continue this progress, CBP began working with the Border Interagency Executive Council (BIEC) and the Commercial Customs Operations Advisory Committee (COAC) starting in 2017, to discuss the continuing viability of the data element known as the manufacturer or shipper identification code (MID).

Although use of the MID has served CBP and the international trade community well in the past, it became apparent that the MID is not always a consistent or unique number. 

CBP thus engaged in regular outreach with stakeholders in the trade community with the goal of establishing a global entity identifier system. As a result of these discussions, CBP developed GBI EPoC, an interagency trade transformation project that aims to test and develop a single entity identifier solution. 

Through the GBI EPoC, CBP aims to develop a systematic, accurate, and efficient method for the U.S. […]

19 02, 2024

Know Your Supply Chain: Forced Labor

By |2024-02-19T10:25:24-05:00February 19, 2024|Forced Labor, U.S. Customs and Border Protection (CBP)|0 Comments

The production of goods using forced labor remains an issue around the world. U.S. Customs and Border Protection (CBP) has made clear that they will continue to prioritize forced labor enforcement. CBP is the only U.S. government agency, and one of the few in the world, with the legal authority to take action against goods produced with forced labor to prevent entry into domestic commerce. 

What is Forced Labor? 

Forced labor is defined under 19 U.S.C. § 1307 as “all work or service which is exacted from any person under the menace [threat] of any penalty for its non-performance and for which the worker does not offer himself voluntarily.”  Forced Labor is the third most lucrative illicit trade, behind only drugs and weapons, and has an annual trade value of roughly $150 billion 

Right now, over 40 million people around the world are victims of some type of forced labor, including modern slavery, human trafficking, child labor, etc. Section 307 of the Tariff Act of 1930 (19 U.S.C. 1307) prohibits the importation of all goods and merchandise mined, produced, or manufactured wholly or in part in any foreign country by forced labor, convict labor, and/or indentured labor under penal sanctions, including forced child labor. 

CBP is responsible for preventing the entry of products made with forced labor into the U.S. market by investigating and acting upon allegations of […]

16 02, 2024

Customs and Trade News Weekly Snapshot

By |2024-02-19T10:17:43-05:00February 16, 2024|Snapshot|0 Comments

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

Customs and Border Protection (CBP)  

  • CBP releases January 2024 monthly update. Highlights: 
    • Processed more than 2.7 million entry summaries valued at more than $267 billion 
    • Identified estimated duties of nearly $7 billion 
    • Stopped 424 shipments valued at more than $236 million for further examination based on the suspected use of forced labor 
  • CBP expands and modifies the Global Business Identifier Evaluative Proof of Concept (GBI EPoC) 
    • CBP extended the test through February 23, 2027, expanded the scope of the test, and expanded entries of merchandise to include any HTSUS subheading and any country of origin. 
  • CBP has opened its Request for Proposals for entities seeking to become a recognized accreditor for compliance with the agency’s Continuing Education for Licensed Customs Brokers requirement. 
  • The Commercial Customs Operations Advisory Committee (COAC) will hold its quarterly meeting on Wednesday, March 6, 2024, in Charleston, SC. 
9 02, 2024

Customs and Trade News Weekly Snapshot

By |2024-02-11T13:05:21-05:00February 9, 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 & HSI repatriate precious cultural artifact to Mexico. The item in question was a clay pot crafted between 900 and 1521 A.D. in Northern Mexico. 
  • CBP officers at the Buffalo port of entry, Lewiston warehouse, seized wireless earphones for bearing counterfeit trademarks. Had the items been authentic, the MSRP value would be approximately $15,350.
  • CBP officers in International Falls, Minnesota seized 1,363 counterfeit phone cases and 2,956 counterfeit home chargers with an estimated MSRP of more than $2,645,000 if the goods had been genuine. 
  • Officers in the San Juan Field Office intercepted and seized three shipments containing counterfeit luxury brand merchandise, including jewelry and sunglasses, with a combined MSRP of over $1.2 million, had the merchandise been genuine.
  • Annual quota opening February 7, 2024: QB 24-507 2024 Solar Cells and Modules – Crystalline Silicon Photovoltaic (CSPV) Solar Cells
    • February 7, 2024, to February 6, 2025 – 5,000,000,000 watts (5.0 GW)

Department of Commerce

2 02, 2024

Customs and Trade News Weekly Snapshot

By |2024-02-02T17:33:38-05:00February 2, 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 December 2023 monthly update. Highlights: 
    • Stopped 450 shipments valued at more than $187 million for further examination based on the suspected use of forced labor. 
    • Seized 1,291 shipments that contained counterfeit goods valued at more than $86 million if the items had been genuine.  
    • Identified estimated duties of nearly $6.3 billion to be collected by the U.S. government. 
  • CBP seizes $700K worth of counterfeit luxury jewelry in one consignment sent to Puerto Rico. 
  • CBP officers at the Port of Louisville seized two shipments containing a total of 3,301 pieces of counterfeit designer rings, bracelets, necklaces, and earrings. If genuine, would have had a combined MSRP of over $9.58 million. 
  • CBP is increasing its recruitment incentives to as much as $30,000 for newly appointed U.S. Border Patrol agent applicants who enter duty on or after Jan. 8, and meet the requirements for the incentives. 
  • CBP […]
29 01, 2024

Customs and Trade News Weekly Snapshot

By |2024-01-29T13:29:18-05:00January 29, 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 held a Virtual Career Expo on Jan. 24. The expo highlighted law enforcement and mission support opportunities throughout CBP.  
  • CBP is modifying the timing of the automatic release messages for non-express air cargo filed as an Entry Type 86; effective January 27.  
    • The update will help ensure that CBP has sufficient time to review entries and notify filers of holds. 
  • CBP announced an updated “ACE Tips for Filing EPA Hydrofluorocarbons (HFCs)” is now available and provides clarification for an HFC filing. 
  • EAPA case update: CBP has determined there is substantial evidence that importer Suzhou Quality Import and Export Co. entered covered merchandise for consumption into the customs territory of the United States through evasion. Specifically, Suzhou Quality imported into the United States Chinese-origin aluminum extrusions but not did not enter these extrusions as subject to the AD/CVD orders.  

Department of Commerce 

  • New AD and CVD petition filed on paper plates from China, Vietnam and Thailand 
25 01, 2024

Breaking Trade News: New AD and CVD Petition Filed on Paper Plates from China, Vietnam and Thailand

By |2024-01-29T12:29:29-05:00January 25, 2024|AD/CVD, China, U.S. Department of Commerce (DOC)|Comments Off on Breaking Trade News: New AD and CVD Petition Filed on Paper Plates from China, Vietnam and Thailand

The Petition, filed on behalf of the American Paper Plate Coalition (the “APPC”), concerns certain paper plates that are imported from China, Thailand, and Vietnam. APPC is comprised of six producers of paper plates in the United States:

  • AJM Packaging Corporation
  • Dart Container Corporation
  • Aspen Products, Inc.
  • Huhtamaki Americas, Inc.
  • 9201 Packaging Drive
  • Unique Industries, Inc.

The petition claims the paper plates were sold at less than fair value, and that certain paper plates from China and Vietnam benefit from countervailable subsidies. Petitioners claim that these imports have caused material injury and threaten additional material injury to the domestic industry producing paper plates.

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

The proposed scope language is broad and includes “Paper plates, which may be white, colored, and/or printed, and if printed, may be printed and/or laminated by any means with images, text and/or colors on one or both surfaces.” Full description and 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. Final determinations will likely occur late 2024.

As with any proceeding, participation is very important to protect your rights. We urge anyone that imports paper plates 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 […]

24 01, 2024

BIS Regulatory Updates: 2023 Significant Changes

By |2024-01-29T12:30:17-05:00January 24, 2024|Bloomberg, Bloomberg Import, Export, U.S. Bureau of Industry and Security (BIS)|Comments Off on BIS Regulatory Updates: 2023 Significant Changes

Diaz Trade Law is enthusiastic to announce Bloomberg Law published another one of our articles! Below is the article reproduced, you can also read here.

The two most important categories of export controls are the Export Administration Regulations (EAR) and the International Traffic in Arms Regulations (ITAR). The vast majority of controlled exports fall under EAR, while the ITAR’s scope is limited to only military and defense-related articles, services, information, and technology. The US Department of Commerce’s Bureau of Industry & Security (BIS) is charged with enforcing EAR under 15 C.F.R. parts 730-774.

This article provides an overview of the significant BIS policy and regulatory changes in 2023, including updates to the voluntary disclosure policy, an update on the semiconductor export control rules, expansion of Russia sanctions, and a human rights amendment to the EAR.

Background on EAR

The purpose of EAR is to safeguard US national security interests by ensuring that certain critical technology does not fall into the wrong hands.

The EAR governs whether a person or entity may:

  • Export an item from the US.
  • Reexport that item from a foreign country.
  • Transfer an item from one person to another.

BIS has repeatedly demonstrated its commitment to enforcing EAR and violations can carry heavy penalties. Civil penalties may be up to $300,000 per violation or twice the value of the transaction, whichever is greater. EAR violations can even result in criminal liability, such as a $1 million criminal penalty per violation or up to 20 years in prison. EAR violations […]

23 01, 2024

Jennifer Diaz Receives 2024 Martindale-Hubbell AV Preeminent Rating

By |2024-01-29T10:45:28-05:00January 23, 2024|news|Comments Off on Jennifer Diaz Receives 2024 Martindale-Hubbell AV Preeminent Rating

Congratulations to DTL President Jennifer Diaz on her 2024 Martindale-Hubbell AV Preeminent Rating.

Martindale-Hubbell has been the premier source for attorney ratings since 1868. The organization provides verified attorney ratings based on their legal ability and ethical standards as judged by their peers.

The AV Preeminent distinction is given only to attorneys who are peer rated for the highest level of professional excellence. Jennifer received the highest possible rating in both legal ability and ethical standards.

19 01, 2024

Government Shutdown Avoided Again

By |2024-01-19T11:30:51-05:00January 19, 2024|news|Comments Off on Government Shutdown Avoided Again

On Thursday, the U.S. House of Representatives passed a stopgap bill to fund the federal government, avoiding a shutdown just before the weekend deadline. The measure will fund the government through early March.

The Senate passed the bill 77-18, while the House passed the measure 314-108, with 106 Republicans and two Democrats in opposition. Party leadership statements were varied. Freedom Caucus Chairman Bob Good told reporters: “It’s a loss for the American people…” Senate Majority Leader Chuck Schumer said on the Senate floor: “We have good news for America. There will not be a shutdown on Friday.” The lack of consensus signals that there is much work to be done to avoid a shutdown in March.

While many employees in key agencies for international trade will be deemed “essential,” meaning they will continue working through a shutdown, agencies will still experience operational changes that will cause delays.

Below is a breakdown of how key agencies will be impacted by a future shutdown.

U.S. Customs and Border Protection

According to the Department of Homeland Security’s contingency plan, cargo security and port of operations will remain active during a shutdown. However, certain activities such as training and auditing are not required to be carried out during this time. In addition, back-office support positions are not likely to be deemed essential and will be furloughed. Refunds, audits, ruling requests, etc. would be delayed until the shutdown ends.

There remains uncertainty around which specific offices will be deemed essential. For example, Forced Labor Communications may be furloughed, resulting in delays in […]

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