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 and CBP agreed and mitigated the penalty down to $2,226.53 – resulting in a savings to our client over $42,000!​
  • After CBP’s seizure and forfeiture of alleged counterfeit Apple Air Pods, CBP’s Fines, Penalties and Forfeitures (“FP&F”) issued a Penalty Notice for over $28k for an alleged violation of 19 U.S.C. 1526(f).  Our client first tried to use another firm to assist with the penalty petition and CBP issued a decision granting relief, but CBP provided mitigation to a high amount (exceeding $8k).  Because the timeframe to pay the mitigated amount elapsed, CBP issued bills to our client, attempting to collect the original amount. The client then came to Diaz Trade Law (“DTL”) after receiving bills and DTL successfully filed an Offer In Compromise (“OIC”) on our client’s behalf which was accepted by CBP, saving our client more than $25k!
  • Diaz Trade Law was hired to file a supplemental petition with CBP after a penalty was assessed against our client for an alleged violation of 13 U.S.C. 304 (for an alleged EEI filing error). After DTL’s successful supplemental petition, CBP agreed to cancel the penalty assessed and considered the matter closed.
  • After CBP assessed a penalty at almost $37,000 pursuant to 19 USC 1592, Diaz Trade Law successfully worked with the Centers for Excellence and Expertise and the FP&F Office to cancel the penalty in full before the mitigation phase.  A deep dive into the client’s records and our team’s analysis of our client’s ACE reports resulted in discovering and tracking a three-year old prior disclosure which proved to CBP that the entries in the penalty notice should have never been part of a penalty notice, saving our client thousands of dollars and eliminating any records with CBP of a “prior violation.”
  • CBP issued a Notice of Action, proposing to rate advance several of our client’s entries due to CBP’s investigation of whether our client qualified for preferential treatment under 19 C.F.R. 10.178 and General Note 16 of the Harmonized Tariff Schedule of the U.S.  Diaz Trade Law prepared a response to the Notice of Action, and within only two weeks, CBP agreed with our assessment and proceeded to issue a final Notice of Action confirming that our client’s goods qualify as originating goods pursuant to General Note 16 to the Harmonized Tariff Schedule of the U.S.  DTL’s swift actions and excellent application of the customs laws and regulations allowed our client to continue importing their merchandise utilizing the preferential treatment they are entitled to.

 Successfully Mitigated Liquidated Damages Claims 

  • Our client received a Liquidated Damages (Liq Dam) Notice from CBP in the amount of $153,202.00. DTL assisted in convincing CBP to rightfully cancel the Liq Dam claim saving our client $153k!
  • Our client received a Liquidated Damages (Liq Dam) Notice from CBP in the amount of $88,936.35. DTL successfully petitioned CBP and CBP provided substantial mitigation saving our client over $88k!​
  • CBP issued two liquidated damages claims to our client totaling over $65,000 for failure to redeliver merchandise to CBP’s custody after it was refused admission by the FDA. Diaz Trade Law filed successful petitions with CBP saving our client over $61,500!
  • CBP issued a liquidated damages claim in the amount of $50,000 against our client for failure to redeliver merchandise to CBP’s custody after it was refused admission by the FDA for misbranding. Upon Diaz Trade Law’s filing of a successful petition, CBP granted relief from the claim, upon payment of a mitigated amount. Diaz Trade Law delivered an enormous relief for our client, where the liquidated damages claim will be closed upon payment of $1,362.64, saving our client $48,637.36.
  • CBP issued a liquidated damages claim in the amount of $22,454 against our client for failure to redeliver merchandise to CBP’s custody after it was refused admission by the FDA. Upon Diaz Trade Law’s filing of a successful petition, CBP granted relief from the claim, upon payment of a mitigated amount. Diaz Trade Law’s expertise in these type of cases resulted in an extraordinary relief for our client, where the liquidated damages claim will be closed upon payment of $1,183.26, saving our client $21,270.74.
  • After CBP’s denial of an initial petition filed by another party, Diaz Trade Law worked with the client to provide a robust argument on a supplemental petition, requesting cancellation of a liquidated damages claim.  Diaz Trade Law diligently worked with different CBP teams such as the Center of Excellence and Expertise (CEE), the ACE Client Representative and the Entry Team at the local port, to provide resolution to the entry in question.  Our efforts resulted in CBP issuing a decision cancelling the liquidated damages in full, saving our client thousands of dollars, and removing the liquidated damages case from CBP’s record as a “prior violation.”

 Successfully Assisted Numerous Importers in Various Seizure Cases

  • U.S. Customs (CBP) seized six vehicles destined to Venezuela. DTL submitted a successful petition to CBP requesting the release of the motor vehicle. CBP authorized the release of the motor vehicle with a minimum penalty of 10% of the value of the vehicle!
  • CBP seized our client’s funds totaling $14,700 for alleged failure to report currency under 31 U.S.C. 5316. After our Diaz Trade Law Team filed an amazing, legally-sound petition, CBP granted full relief, returning the total amount seized back to our client.
  • Our client’s products were seized for alleged violations of 19 U.S.C. 1526(e) where CBP claimed our client’s goods contained unauthorized intellectual property. After Diaz Trade Law filed a successful Petition, CBP granted complete relief for the forfeiture.
  • DTL was retained by a client whose food trailer and equipment imported from China were seized by Customs and Border Protection (CBP) through Partner Governmental Agency (PGA) Department of Transportation (DOT), and the Environmental Protection Agency (EPA). As a result of DTL’s petition for the remission of the food trailer and equipment, CBP acknowledged that relief was warranted, and granted relief in lieu of forfeiture.

 CBP Detention Assistance 

  • FDA issued our client a Notice of FDA Action, and Diaz Trade Law immediately assisted our client in filing a detailed response advising why the merchandise should be immediately released by the FDA. As a result, the FDA released our client’s legitimate merchandise.  ​​​​
  • Our client’s shipment was detained by CBP for alleged trademark violations. Upon Diaz Trade Law’s swift actions reaching out to the TM owner to proactively validate the authenticity of the imported goods and communicating this authorization to the proper CBP officers handling the detention, our client’s shipment was immediately released, within one business day of Diaz Trade Law’s involvement in the case.

United States Patent Trademark Office (USPTO)

  • Diaz Trade Law successfully registered numerous brands with USPTO and thereafter recorded those trademarks with U.S. CBP! ​

 Export Compliance and Enforcement Mitigation Assistance

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

 Antidumping and Countervailing Duty (AD/CVD)

  • Diaz Trade Law requested a scope ruling for our client’s crushed glass surface products. The U.S. Department of Commerce confirmed our client’s products did not fall within the scope of the AD/CVD order.

 Protests

  • CBP sent our client a bill claiming antidumping and countervailing duties (AD/CVD) were owed on our client’s imported Chinese goods. DTL filed a successful protest asserting the goods were in fact excluded from the AD/CVD scope and no duties were in fact owed. CBP agreed with DTL’s protest – saving our client thousands!

Binding Ruling Requests

  • An importer of sports equipment retained Diaz Trade Law (DTL) to submit a binding ruling request to CBP. DTL drafted a persuasive binding ruling request and CBP agreed with DTL’s classification and issued a binding ruling reflecting the proposed HTS classification.

 Assisted Numerous Importers in Filing Prior Disclosures and Voluntary Self-Disclosures Accepted by CBP 

  • Diaz Trade Law submitted a prior disclosure letter stating that certain entries involving wearing apparel were undervalued at entry. CBP considered Base X Apparel LLC’s admission of the false statements made at the time of entry as violations of Title 19, United States Code, Section 1592. However, Diaz Trade Law’s claim for prior disclosure treatment was successful and Base X Apparel LLC has tendered $615,656.82, the underpaid duties/taxes/fees.
  • A client received a CBP Form 28 (Request for Information) from U.S. Customs. After being retained, DTL submitted a response to the CF 28 in conjunction with a prior disclosure, as a result of which the CF 28 was closed and the prior disclosure accepted with no penalty assessed.

Awards 

  • In 2023, Diaz Trade Law President Jennifer Diaz received the following awards:

 Publications

Key publications written by Diaz Trade Law in 2023 were:

Key articles written in 2022 by our team at Diaz Trade Law:

Customized Training Programs & Webinars

Key training programs and webinars taught by Diaz Trade Law in 2022 were:

  • Content Enablers Webinar, “An In-Depth Overview of CBP’s Prior Disclosure Process,” November 7, 2023
  • Webinar, OWIT, Virtual Exporter Round Table, November 1, 2023
  • Webinar, FTZ, FTZ’s and Best Practices, October 25, 2023
  • Podcast, Simply Trade, Becoming an International Trade Attorney, October 20, 2023
  • North Miami Senior High School, Ethical Governance Day, October 18, 2023
  • Medmarc Risk Management Webinar Series, Importing Medical Devices in Compliance with FDA, October 17, 2023
  • Podcast, Simply Trade, October 13, 2023
  • Florida International Trade and Cultural Expo (FITCE) Panel, “How to Import into the United States featuring speakers from CBP, CPSC, and FDA.” October 5, 2023
  • Podcast, Prologis Trade and Logistics Academy, September 24, 2023
  • Americas Food and Beverage Show, “Top 10 Tips When Importing into the U.S. in Compliance with CBP and FDA.” September 21, 2023
  • Miami-Dade County International Trade Consortium Briefing Session for European Delegation on U.S. Foreign Policy, September 18, 2023
  • Webinar, FCBF- Trade Online, September 13, 2023
  • Fort Lauderdale, FL, SBDC, International Trade Soft Skills – Cross Cultural Competencies, August 8, 2023
  • Florida Small Business Development Center Success Summit, how cross-cultural competencies and sure footing in your legal requirements will set you up for trade success, August 2, 2023
  • Webinar, FCBF – Duty Draw Back, July 12 2023
  • Webinar, Mass EDC – FDA FSVP, June 2023
  • NCBFAA Enforce and Protect Act (EAPA) Webinar, June 29, 2023
  • Florida International Medial Expo (FIME), How to Successfully Import Medical Devices Into the U.S., June 22, 2023
  • U.S.-Mexico Supply Chain Leaders, “Mastering Uncertainty: The Rise of Resilient Supply Chain Planning,” June 21, 2023
  • National Association of District Export Councils “Export Compliances Best Practices,” June 13, 2023
  • Santander food imports webinar, “Top 10 Tips When Importing Food,” June 2, 2023
  • IBT Online Webinar, “Florida – The Gateway to Latin America and the Caribbean – A Playbook for Canadian Exporters.” May 11, 2023
  • Miami-Dade Beacon Council Trade and Logistics Committee Quarterly Meeting, May 3, 2023
  • Webinar for the Economic Development Partnership of North Carolina (EDPNC) on trade compliance and forced labor, April 2023
  • MSI Global Alliance’s Asia Pacific Regional Conference, “Antidumping is Broader Than You Think,” March 2023
  • EDPNC Webinar, Harnessing Machine Learning for Trade Compliance Success, March 30, 2023
  • Global Chamber Miami, Trade Compliance and Supply Chain Visibility, March 16, 2023
  • Webinar, U.S. Department of Commerce’s SABIT Program Webinar, U.S. Customs and Border Protection Overview, March 14, 2023
  • Small Business Development Center (SBDC) at FIU, Importing 101 Webinar, February 14, 2023
  • Houston, TX, Deleon Conference, Successfully Navigating the CBP Detention and FP&F Process, February 9, 2023

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.