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A Year in Review!

posted by Jennifer Diaz December 20, 2019 0 comments

2019

DTL saved clients MILLIONS of dollars in 2019. It is with great joy that we finish off 2019 celebrating our fourth anniversary! We would like to thank each of you for being an integral part of making DTL a success.

This year has been filled with numerous achievements and accomplishments. We are grateful for the clients who have entrusted their trade and customs issues to us, and we look forward to assisting you in 2020!

Below we share some of our 2019 success stories with you.

USTR/China Tariffs

  • DTL published 25 blogs related to US. – China Trade War to maintain our clients and industry members up to date on the latest news.
  • DTL filed numerous exclusions for goods subject to the Section 301 List 3.
  • Our clients wanted to voice their concerns to the USTR Concerning the Proposed Modification of Action Pursuant to Section 301: China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation for List 4. We assisted in creating compelling arguments to the USTR and submitting comments on their specific imported items subject to China Tariffs on List 4.

U.S. Food and Drug Administration (FDA) Detention

  • FDA detained perishable merchandise, DTL successfully communicated with FDA by providing critical information for FDA to expeditiously release the detained goods totaling over $54,500.00.

 FDA FSVP Inspection

  • DTL successfully assisted our client to prepare for FDA’s FSVP inspection. FDA issued a 482d to our client and conducted a Foreign Supplier Verification Program (FSVP) inspection. DTL was proactive in assisting our client in responding to questions from FDA during the inspection. At the conclusion of the inspection, the FDA did not take further action and did not provide the importer with Form FDA 483a.

FDA Import Alert List

  • DTL successfully petitioned the FDA, and our client was removed from an FDA Import Alert List. Being on an FDA Import Alert list causes an importer to also be subject to automatic detention without physical examination each time they import, resulting in timely and costly delays to product admissions into the U.S. Our client stated “With the final detention now released, I just wanted to say a huge thanks for your specialized input over the past few months. In the end, we managed to escape the FDA mess with some significant legal bills and lost sales but without the loss of a major customer. It is going to take some time to re-establish our reputation in the market as a reliable supplier but, given at one stage we were within weeks of mass deletions, we ended up escaping ok.”

CBP Detention

  • DTL successfully assisted CBP by providing critical information for CBP to expeditiously release detained goods totaling $70,100.00!

Successfully Assisted Numerous Importers in Various Seizure Cases to Assist in Getting Property Returned, Despite CBP Claims Merchandise Was Drug Paraphernalia, Counterfeit, Etc

  • CBP seized electronics alleging they were counterfeit. DTL successfully petitioned CBP, leading to $138,585.00 worth of seized merchandise being released by CBP.
  • Our client had $56,734.00 in goods seized by CBP for a failure to declare the goods upon entry into the U.S. After DTL’s successful Petition to CBP, a CBP decision letter was received confirming CBP will remit the forfeiture (i.e. return the seized goods) upon payment of a mitigated amount.
  • CBP seized merchandise alleging it was drug paraphernalia. DTL successfully petitioned CBP, leading to $29,751.00 worth of merchandise being released by CBP.
  • DTL successfully Petitioned CBP, leading to $7,200.00 worth of merchandise being released by CBP.

Assisted Individuals in Getting Seized Currency Returned From CBP

  • Our client had $70,520 in Currency Seized by CBP. DTL successfully Petitioned CBP, leading to $60,520 in seized currency being returned to our client.
  • Our client had $34,000.00 in Currency Seized by CBP. DTL successfully Petitioned CBP, leading to $31,500.00 in seized currency being returned to our client.
  • Our client had $31,850.00 in Currency Seized by CBP. DTL successfully Petitioned CBP, leading to $31,850.00 in seized currency being returned to our client.
  • Our client had $24,540.00 in Currency Seized by CBP. DTL successfully Petitioned CBP, leading to $23,540.00 in seized currency being returned to our client.
  • Our client had $21,810.00 in Currency Seized by CBP. After DTL’s successful Petition, CBP issued a decision in 4 business days, which led to $20,810.00 in seized currency being returned to our client.
  • CBP seized our client’s currency, alleged that our client purposefully split the currency among two travelers. DTL successfully Petitioned CBP, leading to $8,473.50 in seized currency being returned to our client.2019-2

Successfully Mitigated Penalty Actions Issued by CBP to our Clients

  • DTL successfully Petitioned CBP, leading to a $360,000.00 penalty being mitigated down to $8,000.00.
  • DTL successfully petitioned CBP, leading to a $42,193.00 WPM penalty assessed against our client being mitigated down to just $4,219.30!
  • DTL successfully petitioned CBP, leading to two penalties of $10,000.00 assessed against our client being mitigated down to just $500.00 for each.
  • DTL successfully petitioned CBP, leading to a $10,000.00 penalty assessed against our client being mitigated down to just $750.00!

Successfully Mitigated A Liquidated Damages Claim

  • CBP issued a Liquidated Damages claim totaling $8,861.25 to our client. Our client attempted to Petition on their own behalf and was not successful. DTL successfully sent CBP a Supplemental Petition, leading to the Liquidated Damages claim of $8,861.25 being mitigated down to $147.68, a savings to our client of $8,713.57!

Assisted Numerous Importers in Filing Prior Disclosures Accepted by CBP

  • Clients typically receive a CBP 28, which leads to further review of its import transactions. During the review, our client realizes they committed negligence when importing, and CBP has NOT yet commenced an investigation. We submit legally valid  Prior Disclosures to CBP.CBP accepts the disclosure with no penalties assessed to our clients!

Informed Compliance Letter

  • DTL successfully communicated with CBP leading to CBP rescinding an Informed Compliance letter sent to our client.

CBP 28 Responses

  • CBP questioned whether our client was properly utilizing the Dominican Republic-Central America-United States Free Trade Agreement (CAFTA-DR). DTL successfully responded to a CBP Request for Information (CBP28) providing confirmation that CAFTA-DR was properly used leading to CBP confirming the CBP 28 will be closed out with no further action taken!
  • CBP questioned whether our client was properly utilizing the Agreement on Trade in Civil Aircraft. DTL successfully responded to a CBP Request for Information (CBP28) providing confirmation that the Agreement on Trade in Civil Aircraft was properly used leading to CBP confirming the CBP 28 will be closed out with no further action taken!
  • CBP questioned whether our client was properly utilizing the The United States-Peru Free Trade Agreement (PTPA). DTL successfully responded to a CBP Request for Information (CBP28) providing confirmation that PTPA was properly used leading to CBP confirming the CBP 28 will be closed out with no further action taken!

 CBP 29 Response

  • DTL successfully responded to CBP’s CF 29 proving that the correct AD/CVD case numbers were used upon entry. CBP agreed with DTL and liquidated the entries as entered saving our client over 118% in potential AD/CVD!

Protests

  • DTL successfully protested two CBP bills totaling $72,684.58 and $105,971.29, respectively. Both bills were cancelled after DTL successfully proved our client’s goods were not subject to AD/CVD, saving our client $178,655.87!

CTPAT

  • Assisted a consolidator in a successful validation with CBP.

First Sale

  • DTL successfully worked with CBP to get an advisory opinion from CBP stating our client could use the “First Sale” value.

Country of Origin Marking

  • DTL successfully worked with CBP after clients received a CBP Form 4647, had our client’s goods remarked with a correct country of origin and thereafter released by CBP.

Prepared Clients for CBP CEE’s Visits

  • Our client received an Importer Visit notification from CBP. DTL successfully assisted our client to properly prepare for the CBP visit and attended to represent our client on site during the visit.
  • CBP’s Apparel, Footwear & Textiles CEE requested an “Importer Interview” with our client. Jennifer Diaz went over our client’s importer practices and assisted in preparing our client for a successful visit with CBP. After the visit, our client said: “Thank you for all your assistance with today’s CBP visit. Our visit went as well as it possibly could have – we are so grateful that Diaz Trade Law represents U.S. Not only was Customs and Border Protection impressed, but they thanked us for how well prepared we were for their visit. One of the officials paid us a tremendous compliment when he stated that he wanted to start a venture based on our President’s business acumen and philosophies. Thank you again, for all the help you and your team provided us.”

Assisted Client in Getting Women’s Guayabera’s Duty Free Treatment Under the PATPA

  • After years of hard work with the Panamanian National Directorate for the Administration of International Trade Agreements and Trade Protection (DINATRADEC), Oficina de Negociaciones Comerciales Internacionales, Ministerio de Comercio e Industrias, and the USTR, thanks to a Presidential Proclamation (84 Monday, No. 4 January 7, 2019 Pages 35–64 – GovInfohttps://www.govinfo.gov/content/pkg/FR-2019-01-07/pdf/FR-2019-01-07.pdf), women’s guayaberas will no longer be discriminated against and will now receive duty free treatment under PATPA, similar to men’s guayaberas. Client said, “Thank you for all the work you put in and the positive results.”

Foreign Trade Zone

  • DTL successfully worked with the Port Miami (281) grantee, and the Foreign Trade Zone Board to receive the green light to operate as a FTZ, and DTL assisted our client in applying with CBP and received CBP approval to operate as a Foreign Trade Zone in Miami-Dade County. They will be offering freezer space!

Binding Rulings

  • DTL successfully requested and received a binding ruling on behalf our client to confirm the correct harmonized tariff schedule of the US (HTSUS), country of origin, and applicability of a free trade agreement for its imported merchandise.
  • DTL successfully requested and received a binding ruling on behalf of our client to confirm the correct harmonized tariff schedule (HTSUS) of its imported merchandise.

Assisted Client in Successfully Responding to A Cease and Desist Letter

  • Our client received a Cease and Desist letter. DTL successfully responded to the letter, leading to the brand owner not taking any further action and closing the complaint.

Customized Training Programs

DTL and DTC taught the following customized training programs and webinar series:

  • Webinar, The Florida Women’s Business Center, Global Connect, The Top 10 Tips When Importing into the U.S., December 3, 2019.
  • Miami, FL, Global Ties, EU Program on Intellectual Property and Customs Management, November 21, 2019.
  • Twitter Chat, OWIT International, “Women’s Entrepreneurship,” November 20, 2019.
  • Miami, FL, “Lecture on International Trade Regulations for 2019 Cochran Fellowship Program on Supermarket and Retail Management from Paraguay,” Florida International University, November 12, 2019.
  • Miami, FL, FIU College of Law’s Business Law Society and International Law Students Association, “Hot Topics in International Trade,” October 31, 2019.
  • Tampa Bay, FL, Organize & Host & Moderate, OWITConTampaBay, October 24, 2019.
  • Youtube, Trade Squad, Leah Goold-Hawes (Long Beach, CA), Sarah Barnes-Humphrey (Canada) and Audrey Ross (Canada) talk about Hot Topics in Supply Chain and Trade! October 21, 2019.
  • Doral, FL, Africando, “Export Readiness: US Guidelines for Exporting to the US and Preparing Your Products for Distribution”, Wednesday, October 16, 2019.
  • Fort Lauderdale, FL, FITCE, Broward County Office of Economic Development, Introduction to Importing, October 10, 2019.
  • Miami, FL, Miami-Dade International Women Business Forum, Miami-Dade, Office of Economic Development & International Trade, October 8, 2019.
  • Doral, FL, FCBF – “CTPAT Update on Minimum Security Guidelines”, September 25, 2019.
  • Davie, FL, Panelist “Women in Law,” Nova Southeastern University, September 18, 2019.
  • Webinar, “OWIT Committees/Opportunities for Volunteering Webinar,” OWIT International, June 6, 2019.
  • Miami, FL – OWIT International / OWIT South Florida/ GMCC – Host and Moderate a Conversation with Ana Guevara, June 6, 2019.
  • Doral, FL, Update to CTPAT, Trade War, CBP Enforcement, CoolTec Training, May 17, 2019.
  • “The Complexities of International Trade Law,” Legal News & Review Radio Show, May 2, 2019.
  • Doral, FL, “CBP COMPLIANCE & ENFORCEMENT”, DTC Seminar, April 17, 2019.
  • Update on Ad Valorem, Maersk Training, April 9, 2019.
  • Doral, FL, “CHINA TARIFFS/AD/CVD 101”, DTC Seminar, March 20, 2019
  • Webinar, “CBP Enforcement – A Primer on Liquidated Damages, Penalty’s, Detention & Seizures,” NCBFAA, March 14, 2019.
  • Miami, FL, “ABC’S OF PROTECTING YOUR BRAND”, DTC Seminar, February 20, 2019.
  • Las Vegas, NV, Air Cargo Conference, Women’s Networking Panelist, February 10, 2019.
  • Webinar, “OWIT International Benefits”, January 30, 2019.

Customized Trainings

  • DTL organized customized trainings for clients on “CBP Compliance & Enforcement”.
  • DTL organized customized trainings for clients on “FDA Compliance & Enforcement”.
  • DTL provided a customized training to a client on best practices when complying with CBP Ad Valorem regulations.
  • DTL provided a customized training to a client on MSC Updates to CTPAT, the Status of the China Trade War, and CBP Enforcement.

DTL values you and appreciates your trust in us to be your Customs and International Trade Law Expert! Contact us at info@diaztradelaw.com to schedule your consultation or customized training today.

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