Customs Broker Archives | Customs & International Trade Law Blog

Customs Bulletin Weekly, Vol. 56, November 2, 2022, No. 43

Below is a recap for this week’s Custom’s Bulletin.

Elimination of Customs Broker District Permit Fee
- Section 641 of the Tariff Act of 1930, as amended (19 U.S.C. 1641), provides that individuals and business entities must hold a valid customs broker’s license and permit to transact customs business on behalf of others. The statute also sets forth standards for the issuance of broker licenses and permits; provides for disciplinary action against brokers in the form of suspension or revocation of such licenses and permits or assessment of monetary penalties; and, provides for the assessment of monetary penalties against other persons for conducting customs business without the required broker’s license.
- On June 5, 2020, U.S. Customs and Border Protection (CBP) published a notice of proposed rulemaking (NPRM) in the Federal Register (85 FR 34549), proposing the elimination of customs broker district permit fees in parts 24 and 111.
- Consistent with the June 5, 2020, notice, CBP is publishing a final rule to, among other things, eliminate customs broker districts (see ‘‘Modernization of the Customs Broker Regulations’’ RIN 1651–AB16). Specifically, CBP is transitioning all brokers to national permits and expanding the scope of the national permit authority to allow national permit holders to conduct any type of customs business throughout the customs territory of the United States. As a result of the elimination of customs broker districts, CBP is amending in this document the regulations to eliminate customs broker district permit fees.
Modernization of the Customs Broker Regulations
- This document adopts […]

By Jennifer Diaz|2022-11-03T10:21:31-04:00November 7, 2022|301 INVESTIGATIONS, AD/CVD, China Trade War, Customs Broker, Import, International Law, International Trade, U.S. Court of International Trade, U.S. Customs and Border Protection (CBP), U.S. Department of Commerce (DOC)|Comments Off

UFLPA DHS Guidance – What Importers Need to Know

On June 17, 2022, DHS published its long-awaited strategy guidance document which shed light on how UFLPA will be implemented, and what evidence may be provided to rebut the presumption that the goods were made with forced labor. This article provides an overview of the type of evidence importers should have readily available when importing goods into the United States. For general guidance on preventing the importation of goods produced with forced labor and how importers should audit their supply chain to ensure non-use of forced labor, please refer to our Bloomberg Law article, “U.S. Customs Targets Use of Forced Labor”.

UFLPA

The Uyghur Forced Labor Prevention Act (UFLPA) establishes a rebuttable presumption that goods mined, produced, or manufactured wholly or in part in the Xinjiang Province of China or by an entity on the UFLPA Entity List are prohibited from importation into the United States under 19 U.S.C. § 1307. However, if an Importer of Record can demonstrate by clear and convincing evidence that the goods in question were not produced wholly or in part by forced labor, fully respond to all CBP requests for information about goods under CBP review and demonstrate that it has fully complied with the guidance outlined in this strategy, the Commissioner of CBP may grant an exception to the presumption.

Clear and convincing evidence is a higher standard of proof than a preponderance of the evidence, and generally means that a claim or contention […]

By Jennifer Diaz|2022-06-28T12:22:23-04:00June 28, 2022|China, Customs Broker, Customs Expert, Enforcement, Forced Labor, Import, International Trade, Labor Rights, Pre-compliance, Reasonable Care, Seizures, U.S. Customs and Border Protection (CBP), U.S. Department of Homeland Security (DHS)|1 Comment

9801.00.10: Updated Requirements for Returned Goods

Background on HTSUS Subheading 9801.00.10

Ever hear of U.S. goods returned and wondered what it really meant? The Harmonized Tariff Schedule of the United States (“HTSUS”) subheading 9801.00.10 is used for re-importing U.S. made products back into the United States, duty-free. Previously, this classification only covered merchandise originally made in the United States and now reentering the country (hence “US Goods Returned”). In order to qualify for classification under subheading 9801.00.10 and duty-free treatment, these products entering the United States had to be unimproved in condition or value. In other words, the products had to not be subject to further processing abroad. For example, subheading 9801.00.10 may be used when goods are being re-imported as returned product to the seller or for repair. Under subheading 9801.00.10, the importer has the burden to prove their claim for duty-free treatment.

CBP Issues Updated Guidance

On August 20, 2021, subheading 9801.00.10 was expanded to include products which originated from foreign countries. HTSUS subheading 9801.00.10 now states: “Products of the United States when returned after having been exported, or any other products when returned within 3 years after having been exported, without having been advanced in value or improved in condition by any process of manufacture or other means while abroad.” In other words, non-U.S. origin products that are returned to the United States will ALSO qualify for duty-free treatment under subheading 9801.00.10. However, the timing requirements for U.S.-origin and foreign-origin products are different. U.S.-origin products currently have no time limit to file […]

By Jennifer Diaz|2021-11-09T12:23:27-05:00November 23, 2021|ACE, Best Practices, Customs Broker, Customs Expert, Enforcement, Import, International Trade, Pre-compliance, Reasonable Care, U.S. Customs and Border Protection (CBP)|Comments Off

Customs Issues Notice of Proposed Rulemaking on Broker Continuing Education – Comments Open

CBP’s Proposed Rule

On September 10, 2021, U.S. Customs and Border Protection (“CBP”) published a Notice of Proposed Rulemaking regarding broker continuing education. In the proposed rule, CBP is proposing mandatory continuing education requirements for individual licensed brokers. CBP underscores the benefits of mandatory continuing education for customs brokers in its proposed rule:

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By Jennifer Diaz|2021-10-13T15:25:44-04:00October 12, 2021|ACE, Best Practices, Customs Broker, Import, International Trade, Pre-compliance, Supply Chain, U.S. Customs and Border Protection (CBP)|Comments Off

How to Build and Maintain an Effective Import Compliance Plan

CBP enforcement is on the rise. If your business is importing into the U.S., or wants to start, our one-hour, NEI accredited, webinar on “Building & Maintaining an Effective Import Compliance Plan” will provide best practices and TOP tips to build an import compliance plan.

Register today to to hear directly from Senior Trade Advisor, Don Woods, DTL’s president, Jennifer Diaz, and Associate Attorney, Denise Calle as they discuss real life stories, current trends/risks associated with the import process, proactive ways to stay compliant, and the importance of training to avoid costly encounters with CBP. […]

By Jennifer Diaz|2021-10-01T09:43:08-04:00October 1, 2021|ACE, Best Practices, Counterfeits, CTPAT, Currency Seizure, Customs Broker, Customs Expert, Enforcement, Forced Labor, Freight Forwarding, ICE, Import, International Trade, IPR, Trademarks and Logos, Labeling, Labor Rights, Penalty, Pre-compliance, Reasonable Care, Seizures, U.S. Customs and Border Protection (CBP)|Comments Off

Comment Now – CBP Proposed Rule on Country of Origin Determination for Imports under USMCA

Background on CBP Country of Origin Determination and USMCA

All merchandise of foreign origin imported into the United States (U.S.) must generally be marked with its country of origin, and it is subject to a country of origin (COO) determination by CBP. The country of origin of imported goods may be used as a factor to determine eligibility for preferential trade treatment under a free trade agreement.

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By Jennifer Diaz|2021-10-07T14:33:42-04:00September 21, 2021|AD/CVD, Canada, Customs Broker, Import, International Law, International Trade, Mexico, NAFTA, Pre-compliance, Reasonable Care, U.S. Customs and Border Protection (CBP), USMCA|Comments Off

Jen Diaz to Moderate FCBF Webinar on IPR featuring CBP Branch Chief and UL

Diaz Trade Law is excited to announce that President Jennifer Diaz will be moderating the upcoming FCBF webinar titled “IPR with CBP and UL” with the Chief of the Intellectual Property Rights Branch of U.S. Customs and Border Protection, Alaina van Horn, and UL Brand Protection Manager, Lisa Deere.

The Florida Customs Brokers & Forwarders Association (FCBF) encourages all custom brokers, patent, trademark and all international trade professional to join its Intellectual Property Rights (IPR) with U.S. Customs and Border Protection (CBP) and UL. This one-hour webinar will give custom brokers, importers, and all other international trade professionals the ability to learn and understand CBP’s IPR customs and enforcement.

This webinar will be Friday, September 3, 2021 at 11:30 AM EST.

Register Now!

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By Jennifer Diaz|2021-09-02T16:43:47-04:00September 2, 2021|Best Practices, Counterfeits, Customs Broker, Import, International Trade, IPR, Trademarks and Logos, Seizures, Speaking, U.S. Customs and Border Protection (CBP)|Comments Off

Jennifer Diaz Presenting at Global Trade Educational Conference 2021

The NCBFAA Educational Institute invites all global logistics professionals to its 7th Annual Global Trade Educational Conference (GTEC). This two-day event in Baltimore, MD will give customs brokers, freight forwarders, NVOCCs, OTI, service providers, importers, exporters and all global logistics professionals an opportunity to update themselves on industry developments and connect with colleagues new and old.

Join us IN PERSON in Baltimore, MD, July 26-27, 2021. NCBFAA NEI and hotel staff will be complying with all state and venue COVID-19 protocols so you can feel safe attending the event! Virtual attendance is available, so you can gain knowledge from anywhere!

REGISTER TODAY!

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By Jennifer Diaz|2021-07-06T09:17:36-04:00July 6, 2021|ACE, Counterfeits, CTPAT, Currency Seizure, Customs Broker, Customs Expert, Enforcement, Forced Labor, Freight Forwarding, ICE, Import, International Trade, IPR, Trademarks and Logos, Labeling, Labor Rights, Penalty, Pre-compliance, Reasonable Care, Seizures, Speaking, U.S. Customs and Border Protection (CBP)|Comments Off

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

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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By Jennifer Diaz|2021-10-07T14:59:28-04:00April 28, 2021|ACE, Best Practices, Counterfeits, CTPAT, Currency Seizure, Customs Broker, Customs Expert, Enforcement, Forced Labor, Freight Forwarding, HTS, ICE, Import, International Business, International Law, International Trade, IPR, Trademarks and Logos, Labeling, Labor Rights, Penalty, Pre-compliance, Reasonable Care, Seizures, Speaking, Supply Chain, U.S. Customs and Border Protection (CBP), U.S. Department of Homeland Security (DHS)|Comments Off

Breaking News – New Federal Law Expands Furniture Flammability Testing Standard

Do you manufacture or sell upholstered furniture? Beginning June 25, 2021, a new law requires all upholstered furniture nationwide to comply with California Technical Bulletin 117-2013?

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By Jennifer Diaz|2021-10-12T14:43:51-04:00March 23, 2021|Customs Broker, Customs Expert, Enforcement, Import Alert, International Business, International Law, International Trade, U.S. Customs and Border Protection (CBP)|4 Comments