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August 2019

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CBP Wants to Hear from YOU on Its Proposed New Rules for Customs Brokers!

posted by Jennifer Diaz August 28, 2019 3 Comments

Customs Brokers Proposed Rule

CBP proposes a new rule to formalize the process used by Customs Brokers of verifying the identity of their clients, specifically importers and nonresident importers. CBP believes the broker is uniquely situated to collect the information necessary to authenticate an importer’s identity at the time a Power of Attorney is obtained. The purpose of placing a verification burden on brokers is to ensure that importers are conducting legitimate trade transactions. The Federal Register Notice announcing the proposed rule clearly states brokers are subject to hefty monetary penalty for failure to collect the required information. If you have comments or concerns, now is the time to speak up! Brokers, importers, and the general public, have until October 15 to submit comments on the proposed rule.

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TOP 5 Strategies to Mitigate the Impact of Tariffs

posted by Jennifer Diaz August 26, 2019 4 Comments

download-1Many importers, exporters, and international businesses alike may be unaware that avenues exist to ensure that their products remain unabated by protectionist trade policies (think China tariffs).

This blog provides an easy reference overview of five (5) proven and legitimate options for duty-saving opportunities.

We recommend U.S. importers, exporters, and manufacturers to consider these five (5) options as they apply to all products from virtually any country subjected to a tariff, including Section 201 tariffs for solar systems, Section 232 tariffs for aluminum and steel, and the infamous Section 301 Tariffs in place for Chinese originating goods and violations of trade agreements, as well as acts, policies or practices that are unjustifiable,  unreasonable, or discriminatory and that burden or restrict U.S. commerce.

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China Trade War Intensifies

posted by Jennifer Diaz August 23, 2019 4 Comments

Trump China

Today, the Trump administration’s China trade war intensified as it announced plans to increase tariffs on Lists 1, 2, 3, and 4!

The president connected the additional tariff hikes to China’s new retaliatory tariffs (as a result of US’s imposition of List 4 tariffs) on $75 billion-dollar in US products, mainly impacted the agricultural and auto industries, or President Trump’s base (as previously reported here).

So what are the changes?

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CBP’s Section 321 Data Pilot Program to Begin August 22

posted by Jennifer Diaz August 21, 2019 0 comments

Tasked with the protection of the nation, The Department of Homeland Security (DHS) siphons the protection of our ports to United States Customs and Border Protection (CBP). With the continuous threats to safety and integrity of the country, CBP is conducting a voluntary test to collect certain advanced data related to shipments potentially eligible for release under section 321 of the Tariff Act of 1930.

In order to cope with the e-commerce trend, CBP will allow online marketplaces, and other non-traditional partners to participate in the pilot program. If you wish to participate in the program, DTL can assist you in submitting the required application to the Department Of Commerce. While the Pilot opens on August 22, 2019, and is set to last for roughly one year, CBP may accept potential participants after the program’s commencement until a sufficient number of participants has been identified.

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Customs and International Trade Attorney Jennifer Diaz Featured on Legal News and Review Radio

posted by Jennifer Diaz August 19, 2019 1 Comment

Board Certified Customs and International Trade Attorney Jennifer Diaz was featured on “Legal News & Review (LNR).” She discussed “The Complexities of International Trade Law,” including current United States Trade Policy and the legal consequences for importers and exporters that do not comply with U.S. Customs and other government agency rules. Listen to the podcast hereLegal News and Review is an award-winning podcast that has been on the air for over six years. Earning the Award of Excellence from the Florida Bar, attorneys and hosts Philip Bell, Eric Yankwit, and Gary Singer guide listeners through the various disciplines of law by featuring expert attorneys from different fields.

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List 4 Split into Two HTS Lists

posted by Jennifer Diaz August 13, 2019 1 Comment

USTRAs published by the USTR TODAY: USTR Announces Next Steps on Proposed 10 Percent Tariff on Imports from China

The United States Trade Representative (USTR) today announced the next steps in the process of imposing an additional tariff of 10 percent on approximately $300 billion of Chinese imports.

On May 17, 2019, USTR published a list of products imported from China that would be potentially subject to an additional 10 percent tariff.  This new tariff will go into effect on September 1 as announced by President Trump on August 1.

Certain products are being removed from the tariff list based on health, safety, national security and other factors and will not face additional tariffs of 10 percent.

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Wondering if your Exclusion Request has been granted or denied? Find out here!

posted by Jennifer Diaz August 8, 2019 2 Comments

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Since the inception of the Trade War with China, the Office of the United States’ Trade Representative (USTR) has provided citizens, primarily those in industries directly affected by the imposition of ad valorem duties (tariffs), the opportunity to request that certain products be granted exclusions. Each list of tariffs has its own specific process to ensure that concerned citizens may voice their opinions as to why given products should not be subjected to additional duties upon importation, as prescribed in the Section 301 investigation.

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Section 301- List 4 Tariffs in Effect Starting September 1

posted by Jennifer Diaz August 2, 2019 2 Comments
President Donald Trump, left, poses for a photo with Chinese President Xi Jinping during a meeting on the sidelines of the G-20 summit in Osaka, Japan, Saturday, June 29, 2019. (AP Photo/Susan Walsh)

President Donald Trump, left, poses for a photo with Chinese President Xi Jinping during a meeting on the sidelines of the G-20 summit in Osaka, Japan, Saturday, June 29, 2019. (AP Photo/Susan Walsh)

New Table-Blogs-Section 301 Tariffs On Chinese Products

Despite the reignition of tensions in May, hopes of reconciliation began to grow in the preeminence of the G-20 international economic forum, held in June. While substantial progress was not made, President Trump and potential dictator for life Xi Jinping appeared to slow the escalation, coming to a bilateral good-faith agreement. Supposedly, the two nations agreed that the United States would soften the sanctions imposed on Chinese tech giant, Huawei, contingent that China begins to repurchase American agricultural products, as well as halt their exportation of Fentanyl.

The tentative “cease-fire” also intended to delay the United States’ imposition of the threatened list 4, which would levy a 25% ad valorem on roughly $300 Billion worth of Chinese goods. The new round of tariffs looms over China, considering that 2019 proved to be their worst fiscal year in recent memory. In fact, this is the most sluggish Chinese economy in nearly three decades, which many directly attribute to President Trump’s vigilant economic policies.

However, approximately a month since the United States graciously showed the illicit regime restraint, China refuses to uphold their end of the bargain. Chinese imports of American agriculture has failed to accelerate, and similarly, their exportation of Fentanyl remains a major health threat to the United States.

“China agreed to…buy agricultural product from the U.S. in large quantities, but did not do so,” President Trump said. “Additionally, my friend President Xi said that he would stop the sale of Fentanyl to the United States—this never happened, and many Americans continue to die.”

China’s most recent defiance led President Trump to announce that the US will proceed to implement a 4th list of tariffs. Despite the fact that the originally proposed list would levy 25% ad valorem, the new list, which is set to go into effect on September 1, will start at a 10% ad valorem tariff (and can be increased to a 25% tariff at a later date). The list still targets $300 Billion worth of goods and is set to affect almost all items not included in List’s 12, and 3. Whereas list’s 1 and 2 affected steel, aluminum, and other metals, list 3 began to cast a wider net. List 4 however, includes a variety of goods ranging from clothing to basic electronics.

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