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Best Practices

Best PracticesChina Trade WarCustoms ExpertEnforcementExportImportInternational BusinessInternational LawInternational TradeU.S. Customs and Border Protection (CBP)U.S. Trade Representative (USTR)

An Introduction to Safeguard Investigations

posted by Jennifer Diaz May 6, 2021 0 comments

What is Section 201 ?

Section 201 of the Trade Act of 1974 provides import relief measures (also known as Safeguards) for domestic industries. The measures provide temporary relief for U.S. industries when competitor imports increase so significantly that they cause serious injury or threat to the domestic industry. The Safeguard measures are temporary – they allow the U.S. President to raise import duties or impose nontariff barriers on goods entering the United States for a limited period so that domestic industry is given sufficient time to adjust to the competition.

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ACEBest PracticesCounterfeitsCTPATCurrency SeizureCustoms BrokerCustoms ExpertEnforcementForced LaborFreight ForwardingHTSICEImportInternational BusinessInternational LawInternational TradeIPR, Trademarks and LogosLabelingLabor RightsPenaltyPre-complianceReasonable CareSeizuresSpeakingSupply ChainU.S. Customs and Border Protection (CBP)U.S. Department of Homeland Security (DHS)

REGISTER TODAY! NEI Accredited Webinar Importing 101 – Introduction to U.S. Customs

posted by Jennifer Diaz April 28, 2021 0 comments

Webinar Importing 101 Introduction to US CustomsCo-Authored by Denise Calle

Whether you are new to importing or seasoned, this one-hour webinar is a must attend. Register today to hear directly from this specialized, expert trio on the “Top 10 Tips When Importing to Ensure Compliance” with real case studies:

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Best PracticesChinaEARExportInternational TradeU.S. Bureau of Industry and Security (BIS)U.S. Department of Commerce (DOC)

Understanding Strategic Trade Authorization

posted by Jennifer Diaz April 20, 2021 0 comments

Co-Authored by Sharath Patil

Background on Export Administration Regulations

Over 95% of the world’s consumers are outside of the United States. Opportunities abound for U.S. companies that export. However, exporting is a privilege and not a right. U.S. exporters have an important responsibility to adhere to U.S. export control laws, including the Export Administration Regulations (“EAR”).

Administered by the U.S. Commerce Department, the EAR is a set of regulations which governs whether U.S. persons may export or transfer goods, software, and technology outside of the United States or to non-U.S. citizens. U.S. exporters have an important responsibility to adhere to the EAR. Violations of the EAR carry hefty civil and criminal penalties. Exporters can pay hundreds of thousands of dollars in penalties, lose export privileges, and even be imprisoned.

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AD/CVDBest PracticesChinaEnforcementImportInternational TradePre-complianceReasonable CareU.S. Customs and Border Protection (CBP)

Anti-Circumvention, EAPA, Dumping Duties & the Spreadability of Cases

posted by Jennifer Diaz April 19, 2021 0 comments

This one-hour webinar will provide an overview of AD/CVD, U.S. Customs and Border Protection’s enforcement actions and investigative process, as well as a review of EAPA regulations and provide insights on best practices to protect your company in this contentious area of U.S. Customs and Border Protection enforcement.

Background on EAPA

The Enforce and Protect Act of 2015 (EAPA) allows U.S. Customs and Border Protection (“CBP”) to investigate whether a company has evaded anti-dumping and countervailing (AD/CVD) duties in an on-the-record investigation. EAPA enforcement has increased considerably in recent years. In fact, in Fiscal Year 2020, CBP collected $287 million in duties via EAPA enforcement – this is a 500 percent increase since the beginning of the EAPA program in FY 2017.

On April 21, 2021 at 12:00 PM, Jennifer Diaz and David Craven will present a webinar on Anti-Circumvention/EAPA/Dumping Duties & the Spreadability of Cases.

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301 INVESTIGATIONSBest PracticesChinaChina Trade WarCOVID-19Customs ExpertEnforcementHTSImportInternational BusinessInternational TradeSpecial 301Trade PolicyU.S. Customs and Border Protection (CBP)U.S. Trade Representative (USTR)

301 Exclusion Extensions for COVID-19 Related Products

posted by Jennifer Diaz April 13, 2021 0 comments

On March 10, 2021, via Federal Register Notice ( 86 FR 13785), the United States Trade Representative (USTR) announced that 99 medical product exclusions will be extended from March 31, 2021, to September 30, 2021. This action extends a previous USTR action which extended these exclusions from December 31, 2020, to March 31, 2020 (85 FR 85831). Continue Reading

Best PracticesCustoms ExpertEnforcementExportInternational BusinessInternational LawInternational TradePre-complianceU.S. Food and Drug Administration (FDA)

OTC Drug Manufacturers are Required to Pay FDA Facility User Fees by May 10, 2021

posted by Jennifer Diaz April 8, 2021 0 comments

Co-Authored by Denise Calle.

On March 26, 2021, Food and Drug Administration (FDA) published the Federal Register Notice, “Fee Rates Under the Over-the-Counter Monograph Drug User Fee Program for Fiscal Year 2021,” announcing the OTC Monograph Drug user fee program fee rates for FY 2021. This is the first year FDA has expanded user fees to OTC Drug Manufacturers and submitters of OTC monograph order requests.

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Best PracticesEnforcementExportInternational TradeU.S. Office of Foreign Assets Control (OFAC)

Submitting a Voluntary Self-Disclosure to OFAC

posted by Jennifer Diaz April 6, 2021 0 comments

Diaz Trade Law’s President, Jennifer Diaz,  and Associate Attorney, Sharath Patil, are enthusiastic to announce Bloomberg Law published another one of our articles, “Submitting a Voluntary Self-Disclosure to OFAC”! Below is the article reproduced with permission for your reading pleasure. We’d love to hear your feedback!

You can read the article here (where you’ll have the ability to access all of the great hyperlinks). Please note you cannot click on the hyperlinks below.

We’d love to hear your feedback!

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Best PracticesChinaChina Trade WarCustoms ExpertEnforcementExportImportImport AlertInternational BusinessInternational LawInternational Trade

Future of First Sale Rule in Question

posted by Jennifer Diaz April 6, 2021 0 comments

On March 1, 2021, the Court of International Trade (CIT) denied Meyer Corporation’s claim for duty-free treatment under its attempted use of the first sale valuation and the Generalized System of Preferences (GSP), in Meyer Corporation, U.S. v. United States, Court No. 13-00154 (Meyer). This case sent a ripple through the trade-community as many speculate whether the decision signals an end of first sale for non-market countries.

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AD/CVDBest PracticesChina Trade WarCustoms ExpertEnforcementExportImportInternational LawInternational TradeU.S. Customs and Border Protection (CBP)

New AD/CVD Petition Against Imports of Certain Chinese Mobile Access Equipment

posted by Jennifer Diaz March 25, 2021 0 comments

Co-Authored by Sharath Patil

Background on AD/CVD Investigations

Antidumping duty (“AD”) and countervailing duty (“CVD”) investigations are brought jointly by the U.S. International Trade Commission (“USITC”) and the U.S. Department of Commerce (“Commerce”). AD investigations are triggered when a domestic industry alleges that it has been injured by competing imports of particular goods from specific countries being sold at less than a fair value. Meanwhile, CVD investigations are triggered when a domestic industry alleges that it has been injured by competing imports that are being unfairly subsidized by their governments. The domestic industry initiating the investigation is known as the petitioner while the foreign industry participating in the investigation is known as the respondent.

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Best PracticesChina Trade WarCustoms ExpertEnforcementExportImport AlertInternational BusinessInternational LawInternational TradeU.S. Customs and Border Protection (CBP)

Recent Government Data Indicates that Florida Trade is Rebounding Fast Despite Pandemic Hit

posted by Jennifer Diaz March 17, 2021 1 Comment

Co-Authored by Sharath Patil

COVID-19’s Impact on the Global Economy

The COVID-19 pandemic has had systemic implications for nearly every facet of our lives and society. The world of international trade is certainly no exception. Businesses and governments alike have had to figure out how to continue import and export operations while accounting for the risks present in the current trading climate. Challenges that importers and exporters have faced include: 1) dramatic demand spikes for certain goods, 2) equally dramatic crashes in demand for other goods, 3) significant back-ups of inflowing shipments at key ports, 4) an increase in trade restrictions and other barriers to trade, and 5) contractions in trade volumes, just to name a few.

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