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Hong Kong’s Initiates Dispute Regarding U.S.-Origin Marking Requirement

posted by Jennifer Diaz March 12, 2021 0 comments

Co-Authored by Sharath Patil

What Happened

On October 30, 2021, Hong Kong, China requested consultations with the United States regarding U.S. measures affecting origin markings on goods imported from Hong Kong to the United States. On November 24, 2020, the United States and Hong Kong held consultations on the matter. On January 14, 2021, Hong Kong requested the World Trade Organization (“WTO”) to establish a dispute settlement panel. In response, the WTO established a dispute settlement panel on February 22, 2021.

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

Biden Executive Order Strengthens Buy American Government Procurement Laws

posted by Jennifer Diaz March 9, 2021 0 comments

Co-Authored by Sharath Patil

Biden Signs Executive Order Strengthening Buy American Laws

Buy American laws are a set of statutes, regulations, rules, and Executive Orders that require that the U.S. federal government require or provide preferences for purchasing goods produced in the United States. Buy American laws were created and continue to be amended with the intention of promoting economic and national security, stimulating economic growth, creating good jobs at decent wages, and supporting the U.S. manufacturing and defense industrial bases.

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Best PracticesCustoms ExpertEnforcementEventsExportImportInternational BusinessInternational LawInternational TradeSupply ChainU.S. Customs and Border Protection (CBP)U.S. Food and Drug Administration (FDA)

FDA Webinar on Human Drug Importations

posted by Jennifer Diaz March 2, 2021 0 comments

On January 14, 2021, the United States Food and Drug Administration (FDA)  kicked off the year with a set of Webinars for the trade community. Specifically, the Center for Drug Evaluation and Research (CDER) held its first annual Small Business and Industry Assistance (SIBA) Compliance Conference.  The topics covered various areas dedicated to compliance including compounding in cleanrooms, drug importation requirements, drug supply chain security act implementation, and Risk Evaluation and Mitigation Strategies (REMS) compliance.

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Best PracticesChina Trade WarCustoms ExpertEnforcementExportForced LaborImportImport AlertInternational BusinessInternational LawInternational TradePre-complianceU.S. Customs and Border Protection (CBP)

CBP Issues WRO on Cotton, Tomato, & Downstream Products Made in Xinjiang

posted by Jennifer Diaz February 18, 2021 0 comments

The United States has been increasing its efforts to combat forced labor around the world. During the Trump Administration’s final weeks, the United States not only banned the importation of Chinese Cotton, Tomatoes, among other products, but also explicitly recognized the situation in Xinjiang as a Genocide.

Importers not adequately auditing their supply chains for use of forced labor are at risk of administrative and criminal enforcement. Imported merchandise produced with forced labor is subject to the Department of Homeland Security (DHS) enforcement. Such enforcement includes U.S. Customs and Border Protection’s (CBP) right to detain, exclude, and/or seize imported goods and Homeland Security Investigation’s potential criminal investigation. China is not only the United States’ number one trading partner but also happens to be the world’s biggest forced labor violator.

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Best PracticesCOVID-19Customs ExpertEnforcementExportImportImport AlertInternational BusinessInternational LawInternational TradeMexicoSeizuresSupply ChainU.S. Customs and Border Protection (CBP)U.S. Food and Drug Administration (FDA)

FDA Import Alert on Mexican Hand Sanitizer

posted by Jennifer Diaz February 4, 2021 0 comments

For the first time in history, the United States Food and Drug Administration (FDA) has issued a countrywide import alert for any category of drug product. Specifically, on January 26, 2021, the FDA announced that it will Take Action to Place All Alcohol-Based Hand Sanitizers from Mexico on Import Alert to Help Prevent Entry of Violative and Potentially Dangerous Products into U.S., Protect U.S. Consumers. FDA singled out importations of hand sanitizers from Mexico due to the frequent use of methanol.

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Best PracticesCustoms ExpertEnforcementExportInternational TradeLabor RightsPenalty

UK Joins Kimberley Diamond-Trading Process

posted by Jennifer Diaz February 2, 2021 0 comments

Co-Authored by Sharath Patil

What’s the Kimberley Process?

Established in 2003, the Kimberley Process (“KP”) is a multilateral trade regime created to prevent the flow of conflict diamonds. Conflict diamonds, also known as “blood” diamonds, are rough diamonds used by rebel movements or their allies to finance armed conflicts aimed at undermining legitimate governments. Under the Kimberley Process Certification Scheme, participant states implement safeguards on shipments of rough diamonds and certify them as “conflict-free.” The regime is credited with removing 99.8 percent of conflict diamonds from the global supply chain. The Process comprises 83 countries, and a number of civil society organizations and industry associations. The participants include all major rough diamond producing, exporting and importing countries.

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Best PracticesChina Trade WarCustoms ExpertEnforcementExportImportImport AlertInternational BusinessInternational LawInternational TradePre-compliance

FTC issues a Record Breaking $1.2 Million Penalty

posted by Jennifer Diaz January 26, 2021 0 comments

Co-Authored by Denise Calle

Chemence Inc., a glue maker, is once again in a sticky situation with The Federal Trade Commission (FTC) for allegedly making deceptive claims that its products are made in the United States. In a proposed Consent Order, Chemence agreed to pay $1.2 million for its violation of the FTC Act for violating a 2016 federal court order to cease deceptive marketing tactics, as well as mandated an annual compliance report. The FTC now seeks Public Comment on the proposed consent agreement. The comment period closes on February 8, 2021. Thereafter, FTC will decide whether it should withdraw from the agreement or make it final and force Chemence to pay the $1.2 million penalty.

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Best PracticesChinaChina Trade WarCustoms ExpertEnforcementForced LaborInternational BusinessInternational LawInternational TradeU.S. Customs and Border Protection (CBP)

U.S. Customs Targets Use of Forced Labor

posted by Jennifer Diaz January 21, 2021 0 comments

Bloomgberg LawDiaz Trade Law’s President, Jennifer Diaz,  Associate Attorney, Denise Calle, and supporting Law Clerk, Zachary Kaufman, are enthusiastic to announce Bloomberg Law published another one of our articles, “U.S. Customs Targets Use of Forced Labor”! 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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US Imposes Additional Tariffs on EU Goods

posted by Jennifer Diaz January 19, 2021 0 comments

On Wednesday, January 6, 2021, the Office of the United States Trade Representative (USTR), announced the revision of its Section 301 Action: Enforcement of U.S. WTO Rights in Large Civil Aircraft Dispute (86 FR 674).

 

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Customs ExpertEnforcementExportFoodImportSupply ChainU.S. Food and Drug Administration (FDA)

Comment on FDA’s Proposed Rule – French Dressing

posted by Jennifer Diaz January 14, 2021 0 comments

On December 21, 2020, the Food and Drug Administration (FDA) proposed a rule to revoke the Standard Of Identity (SOI) for French dressing. FDA found that French dressings’ current standard of identity “no longer promotes honesty and fair dealing in the interest of consumers”.  Effectively the amending of the SOI may allow producers more flexibility, keeping the market competitive with nonstandardized foods.

According to the Federal Register Notice, the proposed rule would not require anything new from salad dressing manufacturers. Rather, by providing the flexibility for innovation, the amendment to French Dressing’s SOI presents an opportunity for social benefits at no cost to the industry or consumer.

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