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A Year in Review!

posted by Jennifer Diaz December 23, 2020 0 comments

2020 has been a difficult year filled with immense challenge and change (to say the least). From all of us at Diaz Trade Law, we are incredibly thankful and grateful for your support. Despite a pandemic, Diaz Trade Law still managed to save our clients MILLIONS of dollars in 2020. It is with great joy that we finish off 2020 filled with numerous achievements and accomplishments. We look forward to assisting you in what we envision will be a better and brighter 2021!

Below we share some of our top 2020 success stories with you.

 

USTR/China Tariffs

  • Diaz Trade Law assisted over 100 importers in filing complaints with the Court of International Trade challenging Section 301 tariffs imposed for imported goods under for List 3 and List 4a, requesting full refunds.
  • Diaz Trade Law filed numerous exclusions for goods subject to the Section 301 List 3 and List 4. USTR agreed and granted our client’s exclusion!
  • Numerous clients that were subject to 301 duties used Diaz Trade Law to actively monitor 301 exclusions to ensure they were notified when refunds were a possibility. Diaz Trade Law assisted with not only actively monitoring the relevant exclusions, but also interpreting the applicability, and fighting for refunds via the Protest or PSC process. CBP has accepted numerous Protests, and hundreds of thousands of dollars of refunds were sent to our clients!
  • Diaz Trade Law published 49 blogs related to the US. – China Trade War to keep our clients and industry members up to date on the latest news.

EAPA Representation

  • Diaz Trade Law is actively assisting an importer in fighting two CBP EAPA investigations.

Export Compliance and Enforcement Mitigation Assistance

  • Diaz Trade Law is actively assisting exporters:
    • Vetting proposed export transactions
    • Providing voluntary self-disclosures to Census and OFAC
    • Developing an effective export compliance plan
    • Developing export compliance training
    • Mitigation and corrective action
    • Presenting export report cards to clients based upon an analysis of ACE data
    • Analyze export trade data
    • With mitigation of export seizures and penalties

USDA Representation

  • Developed novel and unprecedented self-disclosure process with the National Organic Program in order to negotiate a settlement agreement obtaining maximum mitigation.
  • Built corrective action systems and assist clients in implementing them.
  • Developed written processes and procedures that align with national organic standards.

CBP Detention Assistance & 4647 Responses

  • Mere days after being retained, Diaz Trade Law successfully assisted in negotiating with CBP and numerous trademark owners proving that our clients detained goods (collectively valued over $1,000,000.00) were legitimate, receiving either consent TM holder, and/or convincing CBP to release legitimate merchandise that should not have been detained.
  • Diaz Trade Law successfully assisted our client in responding to CBP’s Notice to Redeliver (CBP Form 4647) and provided CBP confirmation that the intellectual property rights displayed on the goods was authorized and our client’s merchandise was released in record timing!

Successfully Assisted Numerous Importers in Various Seizure Cases

  • Our client had over $200,000 worth of goods detained by U.S. Customs and Border Protection. The detention notice issued to our client said “IPR” only, which means “Intellectual Property Rights”. Our client had to answers as to why their goods were detained and what they could do to help get them back, until Diaz Trade Law got involved. Within 2 business days, Diaz Trade Law was able to communicate with the correct parties at U.S. Customs, and help facilitate the release of the legitimate goods. Needless to say, we had one happy client!
  • CBP seized our client’s merchandise, valued at $132,756. After Diaz Trade Law’s successful petition, our client’s merchandise was returned!
  • CBP seized our client’s merchandise, valued at $91,186.00. After Diaz Trade Law ‘s successful petition, our client’s merchandise was returned!
  • Our client’s merchandise totaling $89,939.00 was detained by CBP. After Diaz Trade Law successfully communicated with the CBP detention office regarding the legitimacy of the detained goods, our client’s merchandise was released.
  • Our client had 110 electric scooters, valued over $57,000 seized by CBP. After Diaz Trade Law ‘s successful petition, the scooters were returned to our client.
  • CBP seized our client’s goods valued at $27,474.30. After Diaz Trade Law ‘s successful intervention, our client’s merchandise was returned!
  • Our client had 4 checks, valued over $25,768.60 seized by CBP. After Diaz Trade Law’s successful petition, all checks were returned to our client.
  • Our client’s merchandise valued at $16,990.00 was seized by CBP with an allegation that the merchandise was counterfeit. After Diaz Trade Law’s successful petition, CBP released our client’s merchandise!

Assisted Individuals in Getting Seized Currency Returned From CBP

  • Our client funds, totaling $42,750.00 were seized by CBP. After Diaz Trade Law’s successful petition, $37,750.00 was returned to our client!
  • $29,965 in currency was seized by CBP. After Diaz Trade Law ‘s successful petition, $27,465 was returned to our client.
  • $23,552.00 in currency was seized by CBP. After Diaz Trade Law ‘s successful petition, $22,552.00 was returned to our client!
  • $20,000.00 in currency was seized by CBP. After Diaz Trade Law’s successful petition, $19,000.00 was returned to our client!

Successfully Mitigated Penalty Actions Issued by CBP to our Clients

  • Diaz Trade Law successfully mitigated a second Wood Packaging Material penalty on behalf of an importer. CBP assessed a $129,654.00 penalty, and after Diaz Trade Law ‘s successful Petition, the penalty was mitigated down to $23,337.72 (18% of the original penalty amount).

Risk and Analysis Survey Assessment (RASA)

  • Diaz Trade Law successfully assisted our client in preparing for Risk and Analysis Survey Assessment (RASA) performed by CBP Auditors, resulting in no further consideration being necessary by CBP!

CBP 28 / CBP 29 Responses / Notices of CBP Investigation / Protests

  • Our clients received numerous CBP 28’s and/or CBP 29’s stating they did not qualify for use of a Free Trade Agreement. Diaz Trade Law filed Protests with CBP proving that the goods did in fact comply with the Free Trade Agreement declared upon entry. CBP accepted the Protests and no duties were owed to CBP.
  • Diaz Trade Law is proactively assisting companies who received Notices of CBP Investigation to analyze the potential loss of revenue, compliance with CBP laws and regulations, and assist in mitigating any potential enforcement action.

Binding Rulings

  • Diaz Trade Law successfully requested and received binding rulings for numerous clients confirming:
    • the correct country of origin for its prospective imported merchandise.
  • the correct harmonized tariff schedule (HTSUS) for its imported merchandise.
  • both the origin of their merchandise and appropriate CBP country of origin marking
  • the applicability of a free trade agreement.

CTPAT

  • Diaz Trade Law assisted our client with its corporate and security profile (prior to the new 2020 changes being effective) and was successfully admitted as a certified partner into the voluntary Customs Trade Partnership Against Terrorism (CTPAT) program.
  • Diaz Trade Law also provided assistance with annual updates and CTPAT training.

Foreign Trade Zone

  • After Diaz Trade Law’s successful application, our client was approved by the Foreign Trade Zones Board and Port Miami as a FTZ under Grantee 281!

FDA – PPE

  • Diaz Trade Law is successfully assisting three manufacturers of hand sanitizer product through the FDA recall process.
  • Diaz Trade Law successfully assisted numerous clients in importing hand sanitizers (regulated by the FDA as an over-the-counter drug) and ensuring appropriate FDA registrations and listings, and compliant labeling was in place prior to importation.
  • Numerous clients needed expedited assistance to import PPE into the U.S. Diaz Trade Law successfully assisted importers in reviewing and providing advice on OTC and medical device labeling, registering establishments with the FDA, listing medical devices with the FDA, and compliantly taking advantage of FDA’s EUA’s.

Assisted Numerous Importers in Filing Prior Disclosures Accepted by CBP

  • Client received Requests for Information (CBP 28’s) from CBP and came to Diaz Trade Law noting a violation that took place. Diaz Trade Law filed numerous successful Prior Disclosures which will result in NO PENALTIES to our clients!
  • Clients also proactively came to Diaz Trade Law after realizing they made errors in classification, valuation, and/or applicability of ADD/CVD orders when entering merchandise into the U.S. Diaz Trade Law successfully assisted our clients in filing Prior Disclosures which were accepted by CBP, resulting in no penalties!

Trademark

  • Diaz Trade Law successfully assisted numerous clients in first performing a comprehensive search and thereafter registering our client’s trademark with the U.S. Patent and Trademark Office without opposition.

Awards

  • In 2020, Diaz Trade Law found Jennifer Diaz became Chambers ranked in International Trade: Customs – USA – Nationwide

Publications

Key publications written by Diaz Trade Law in 2020 were:

Customized Training Programs & Webinars

Key compliance programs taught by Diaz Trade Law in 2020 were:

Diaz Trade Law 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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