2023: A Year in Review

From all of us at Diaz Trade Law, we are immensely grateful for your support this year. We are thrilled to report another year of achievements including saving our clients MILLIONS of dollars. The year was filled with numerous achievements and accomplishments we are humbled to share with you. We look forward to working with you in 2024!

Top 2023 Success Stories

Successfully Mitigated Penalty Actions and Obtained Refunds Issued by CBP to our Clients

  • Our client was issued a notice of penalty in the amount of $812,500.00 from CBP alleging a violation of 19 USC 1526(f).  After Diaz Trade Law filed a successful petition, CBP mitigated the penalty down to $5,000.00, saving our client $807,500.00.
  • DTL’s importer client received a penalty from CBP in the amount of $120,154.00 for Wood Packaging Material violative of 7 CFR 319.40.  DTL mitigated the penalty amount to roughly 3.5%, or $4,200.00, yielding to $115,954.00 in savings.
  • An importer received a Notice of Penalty from U.S. Customs (CBP) in the amount of $46,735.82 for an alleged ISPM-15 Wood Packaging Material (WPM) violation. DTL filed a successful petition with CBP, and our client’s penalty was mitigated down to $3,271.00, a savings of over 43k!
  • An importer received a penalty from U.S. Customs (CBP) in the amount of $44,530.50 for alleged intellectual property rights (IPR) violations. Diaz Trade Law (DTL) sent CBP a petition requesting relief and CBP decided to mitigated the penalty to $13,200.00. Not satisfied with the result, DTL again requested mitigation via a supplemental petition […]
By |2023-12-29T11:50:05-05:00December 29, 2023|Events|Comments Off on 2023: A Year in Review

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 November 2023 monthly update, highlights: 
    • Identified estimated duties of nearly $6 billion to be collected by the U.S. government 
    • Stopped 331 shipments valued at more than $125 million for further examination based on the suspected use of forced labor. 
    • Seized 1,607 shipments that contained counterfeit goods valued at more than $118 million if the items had been genuine. 
  • CBP updates seafood import restrictions 
    • In support of the Executive Order and the Department of the Treasury’s Office of Foreign Assets Control determination, CBP will now require importers to provide self-certification that fish, seafood, and seafood containing products imported into the United States do not contain any inputs originating from the Russian Federation.  
  • Recent ruling further defines “Customs Business” 
    • A recent ruling analyzed whether certain functions performed in preparation for filing an entry with CBP arise to the level of “Customs Business” that must be performed by a […]
By |2024-01-05T16:09:13-05:00December 29, 2023|Snapshot|Comments Off on Customs and Trade News Weekly Snapshot

MoCRA Update: Final Guidance and Launch of Electronic Submissions Portal

On December 18, 2023, the U.S. Food and Drug Administration (FDA) launched Cosmetics Direct, an electronic submission portal for product listing and facility registration required under the Modernization of Cosmetics Regulation Act (MoCRA). The agency also issued final guidance with recommendations to assist companies and individuals submitting facility registration and product listing information to the FDA.

Cosmetics Direct

The Cosmetics Direct portal is dedicated exclusively to cosmetic product facility registration and cosmetic product listing electronic submissions to FDA. The portal is an FDA Structured Product Labeling (SPL) authoring tool that contains user friendly data entry forms, performs initial validations, creates and saves the SPL submission, and submits the SPL to FDA for internal processing.

Along with the launch of the portal, the agency also released a portal user guide. The guide provides helpful information on creating submissions through the portal including:

  • Managing accounts and subaccounts
  • How to check submission information and statuses
  • Step-by-step instructions for new registrations
  • Instructions for amending registrations

While the agency prefers electronic submissions, individuals and companies may also submit paper forms which will be offered soon.

Final MoCRA Guidance

The final guidance provides recommendations and instructions to assist persons submitting cosmetic product facility registrations and product listings to FDA. The guidance document explains several frequently asked questions including:

  • The statutory requirement to submit cosmetic product facility registrations and product listings
  • Definitions
  • Who is responsible for making the submissions
  • What information to include in the submissions
  • How to make the submissions
  • When to make the submissions

The guidance […]

By |2023-12-29T10:46:38-05:00December 29, 2023|Cosmetics, U.S. Food and Drug Administration (FDA)|Comments Off on MoCRA Update: Final Guidance and Launch of Electronic Submissions Portal

DOC, Treasury, DOJ, State, and DHS Issue Joint Compliance Note: Know Your Cargo

On December 11, 2023, the U.S. Departments of Commerce, State, Justice, Treasury and Homeland Security published a joint Quint-Seal Compliance Note, “Know Your Cargo: Reinforcing Best Practices to Ensure the Safe and Compliant Transport of Goods in Maritime and Other Forms of Transportation.”

The agencies highlight the increasingly complex nature of global supply chains and opportunities for nefarious actors to evade export control laws and U.S. sanctions. The note also highlights the responsibility of individuals and entities participating in the global transport of goods to assess their risk profile and implement compliance programs.

Potential Indicators of Efforts to Evade Sanctions and Export Controls

The note directs companies involved in funding and facilitating the transport of cargo to be aware of these practices that may suggest export control or sanctions evasion: 

  • Manipulating location or identification data
  • Falsifying cargo and vessel documents
  • Ship-to-ship transfers
  • Voyage irregularities and use of abnormal shipping routes
  • Frequent registration changes” that evade national provisions; and
  • Complex ownership or management

Recommended Compliance Practices

The note recommends that individuals and entities who participate in maritime and other transportation industries should implement and strengthen compliance controls as necessary, especially when operating in high-risk areas or when dealing with entities who demonstrate suspicious behavior. A non-exhaustive list of compliance practices includes:

  • Institutionalizing sanctions and export control programs
  • Establish location monitoring best practices and contractual requirements
  • Know your customer
  • Exercise supply chain due diligence
  • Industry information sharing

The note also encourages individuals and companies to report suspicious behavior to the relevant U.S. authorities.

Recent Activity to Combat the […]

By |2023-12-24T10:53:35-05:00December 24, 2023|Export, U.S. Bureau of Industry and Security (BIS), U.S. Department of Commerce (DOC), U.S. Department of Homeland Security (DHS), U.S. Department of Justice (DOJ), U.S. Department of State (DOS)|Comments Off on DOC, Treasury, DOJ, State, and DHS Issue Joint Compliance Note: Know Your Cargo

Customs and Trade News Weekly Snapshot

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

 Customs and Border Protection (CBP)  

  • Commercial Customs Advisory Committee held its final public meeting of 2023.
    • The Committee unanimously passed 12 recommendations on items like export modernization, rapid response and North American trade. 
  • Cincinnati CBP seized $6.9 million in counterfeit high-end jewelry 
    • A total of 11 shipments were discovered and determined to be counterfeit and were seized for infringing on the designer’s protected trademarks.  
  • CBP officers at the Juarez-Lincoln Bridge seized over $100,000 in unreported currency hidden within passengers of a vehicle during an inbound examination. 
  • Reminder: the submission period for the 2024 Customs Broker Triennial Status Report (TSR) and associated $100 filing fee for all licensed customs brokers opened December 18, 2023. The TSR and $100 fee is due by February 29, 2024. 
  • On January 16, 2024, CBP will nationally implement cargo messaging to communicate with the filer on entry summaries that are potentially noncompliant for antidumping and countervailing duties (AD/CVD) while the entry […]
By |2023-12-24T10:45:12-05:00December 24, 2023|Snapshot|Comments Off on Customs and Trade News Weekly Snapshot

Customs and Trade News Weekly Snapshot

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

Customs and Border Protection (CBP)   

  • The Commercial Customs Operations Advisory Committee’s Intelligent Enforcement Subcommittee Forced Labor Working Group released a government issue paper. The paper covers key CBP activities, statistics, current status, and next steps. 
  • The Commercial Customs Operations Advisory Committee (COAC) held its quarterly meeting on Wednesday, December 13.  
  • CBP shares top five tips to avoid online scams. 
  • Cincinnati CBP intercepts thousands of fraudulent and counterfeit documents during fiscal year 2023. 
  • Dulles CBP K9 alerts officers seize $56k in unreported currency from Iraq-bound man. 
  • Laredo CBP, HSI officials advise Christmas gift shoppers to avoid counterfeit, dubious origin goods that pose consumer safety, U.S. economic security risks. 
  • Dulles CBP officers seize $68k in unreported currency from Nigeria-bound family. 
  • Blanket declaration records for importers and organizational brokers moved Dec. 9 to the modernized ACE Portal. 
By |2023-12-18T08:49:59-05:00December 18, 2023|Snapshot|Comments Off on Customs and Trade News Weekly Snapshot

Customs and Trade News Weekly Snapshot

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

Customs and Border Protection (CBP)  

  • Customs broker 2024 permit user fee payment due by Feb. 9
    • Based on fee adjustments required by the Fixing America’s Surface Transportation Act (FAST Act) and CBP regulations, the customs broker permit user fee payable for calendar year 2024 will be $174.80. 
  • CBP issues clarification regarding countries using Euro – the has approved use of the Euro to non-members and in unique use agreements. 
    • The importer or customs broker is responsible for ensuring the correct currency is listed on the invoice for the purpose of conversion to U.S. dollars, so that the appropriate duties, taxes, and fees are paid. 
  • CBP announced it will soon deploy updates for the National Marine Fisheries Service (NMFS) Seafood Import Monitoring Program (SIMP) to prohibit “aggregated harvest reports of Northern Red Snapper,” regardless of vessel size.
    • The update will be deployed no later than Dec. 20 in the ACE Certification environment, and no earlier than Jan. 20, 2024, in the ACE Production environment.
  • REMINDER: On December 9, 2023, CBP will complete the migration of the […]
By |2023-12-10T13:37:38-05:00December 10, 2023|Snapshot|Comments Off on Customs and Trade News Weekly Snapshot

From Trade to Aid: Jennifer Diaz’s Week of Volunteering in Israel with Diaz Trade Law’s Unwavering Support

A Trip of Solidarity and Volunteerism

I spent the last 6 days on a trip of a lifetime – I went to Israel less than 60 days into an ongoing war to show solidarity and volunteer.

Just 60 days into an ongoing conflict, my decision to go was not an easy one. As the President of Diaz Trade Law, a wife, and a mother, numerous considerations came into play. Yet, an innate yearning from within insisted that this wasn’t a mere possibility; it was an imperative.

[…]

By |2023-12-18T19:21:32-05:00December 8, 2023|Israel|Comments Off on From Trade to Aid: Jennifer Diaz’s Week of Volunteering in Israel with Diaz Trade Law’s Unwavering Support

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 announces eCBP portal payment option for 2024 customs broker permit user fees  
  • CBP announces additional public-private partnerships for the Reimbursable Services Program 
    • The program allows for the reimbursement of additional travel and trade inspection services at ports and airports. CBP reaches agreements with private stakeholders and governments who reimburse CBP for overtime and additional support services. 
  • Dangerous unapproved injectable tightening gel seized by Minnesota CBP. 
  • CBP agriculture specialists in Memphis intercepted rare treehopper bugs (Matcalfiellla Monogramma) – the first ever of its kind in the state of Tennessee. Treehoppers produce honeydew, which can promote the growth of harmful fungi, such as Sooty Mold on plants. 
  • CBP’s Global Entry Program expands to PortMiami. 
  • CBP and GSA partner with Cameron County and CCRMA for export lot dock improvements at Los Indios Port of Entry. 

Food and Drug Administration 

By |2023-12-02T11:33:51-05:00December 2, 2023|Snapshot|Comments Off on Customs and Trade News Weekly Snapshot
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