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

International Trade Week

Diaz Trade Law was enthusiastic to attend various events from International Trade Week which took place from May 16-20 of 2022. Here is a recap of all the events we attended!

ADCVD

  • Scott McBride talked about transshipment and how it is evasion and how fraud is not covered by circumvention laws but rather by CBP.
  • This presentation discussed 226b, 226d, and 226f.
    • 226b discusses self-initiation and how a notice will be issued if the government initiates it.
    • 226d allows rejection of circumvention injury and identifying problems where parties can fix the issues.
    • In this case, if commerce does not identify the issue, commerce must issue determination and if it is extraordinarily complicated, it can be expanded up to a full year.

Food and Drug Administration

  • Angel Omar explained how all products are required to meet the same standards as domestic goods/products.
    • Drugs and devices must be safe and effective and require a fee application prior to importation.
    • Every product must meet performance requirements and must contain a label that is presented in English.
  • Food, Drugs, and Cosmetics Act has an import section that allows for refusal for import electronics and products that fail to meet the applicable standards.
    • Appearance is very important and based on the standard, the FDA can refuse the entry of goods that appear to be misbranded.
    • Section 708 allows the FDA to destroy products without an opportunity to export/refuse if the product is valued at $2500 or less.
  • FDA’s import alerts allow […]

Upcoming Webinar: Basics of U.S. Tariff Classification (HTSUS)

Did you know the Harmonized Tariff Schedule of the U.S. (HTSUS) can be difficult to navigate, and importers often either don’t even know what HTSUS is, or strictly rely on customs brokers for this number, not realizing it is an importers responsibility and liability should be HTSUS be incorrect. Now, especially, with 301 duties in place, ensuring you have the right HTSUS is more important than ever.

Ensure you’re informed and updated on classification and binding rulings and register for Diaz Trade Law’s webinar Basics on Tariff Classification taking place on May 12, 2022. This one-hour webinar will provide insights into the importance of CBP Rulings for classification and binding rulings in ensuring compliance when importing into the United States. The presenter will provide an overview of the process of how to receive a final classification and binding ruling from CBP as well as TOP tips on when it may be advantageous to do so.

Register today to hear directly from DTL’s president, Jennifer Diaz as she teaches attendees about the fundamental in ensuring compliance when it comes to classification along with the new HTSUS changes in 2022.

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By |2022-05-02T19:11:02-04:00April 28, 2022|Best Practices, Events, Export, Import, International Trade, Speaking, U.S. Customs and Border Protection (CBP)|Comments Off on Upcoming Webinar: Basics of U.S. Tariff Classification (HTSUS)

Upcoming Webinar: Gender & Trade

Did you know when women’s economic engagement increases, productivity and prosperity also rise? In addition, empirical studies show that raising women’s income is strongly associated with investment in nutrition, health, and education.  Ensure you’re informed and updated on trends affecting global trade and register for Diaz Trade Law’s first 2022 webinar Gender and Trade taking place on March 10, 2022. This one-hour webinar will provide insights into the role gender can play in increasing trade and prosperity.

Register today to hear directly from DTL’s president, Jennifer Diaz and International Development Advisor, Linda Schmid as they teach attendees about how women fit into the picture of trade and what nations and customs and border agencies can do to level the playing field.

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By |2022-02-22T18:12:46-05:00February 23, 2022|Events, Export, Import, International Trade, Speaking|Comments Off on Upcoming Webinar: Gender & Trade

Diaz Trade Law Invites the Trade Community to Two Free Webinars this Summer!

Celebrate the summer season with two light hearted webinars on International Trade. Diaz Trade Law invites the trade community to two FREE webinars; space is limited – register today! Laugh with us at the Humor in International Trade webinar and learn insightful facts about the impact of international trade on American history during The First Laws — History of Customs and Revenue Law. More information about each webinar is provided below:

Can We Find Humor in International Trade? – July 14, 2021 at 12:00 PM ET

This one-hour webinar describes humor in trade. International Trade is a serious subject, but within it, bits of humor can be found. Register today to hear from this experienced duo and discover many of the oddities and idiosyncrasies prevalent in our modern-day international trade system.

President and Founder of Diaz Trade Law, Jennifer (Jen) Diaz is a Chambers ranked, Board Certified International Attorney specializing in customs and international trade.

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Cleaning for COVID-19 – Importing Cleaning Products: Who Regulates You?

A year into the COVID-19 pandemic, the U.S. Environmental Protection Agency (EPA) and The Food and Drug Administration (FDA) are in full enforcement mode carefully monitoring novel products claiming to treat, mitigate, or “kill” COVID-19. Compliance advisories issued at the beginning of the pandemic are now being replaced with enforcement advisories. Manufacturers, importers, distributors, and others engaged in the production or sale of products claiming to mitigate or “kill” COVID-19 should be more cautious than ever when developing product claims for both product labels and marketing material or alternatively, confirm products comply with the numerous regulations governing COVID-19 cleaning products.

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By |2021-10-12T14:46:03-04:00March 15, 2021|Best Practices, Customs Expert, Enforcement, Events, International Law, International Trade, Labeling, U.S. Food and Drug Administration (FDA)|Comments Off on Cleaning for COVID-19 – Importing Cleaning Products: Who Regulates You?

Biden Executive Order Strengthens Buy American Government Procurement Laws

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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By |2021-10-12T14:50:09-04:00March 9, 2021|Best Practices, China Trade War, Customs Expert, Enforcement, Events, Export, Import, Import Alert, International Business, International Law, International Trade, U.S. Customs and Border Protection (CBP)|Comments Off on Biden Executive Order Strengthens Buy American Government Procurement Laws

FDA Webinar on Human Drug Importations

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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Catch Up on Diaz Trade Law’s Top Blogs From 2020!

We want to make sure you stay up to date with the hottest trade blogs from 2020. Below is a summary of what you missed by category. Enjoy!

 

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USMCA Comment Opportunity – Due Dec. 31

USMCA Background

The U.S.-Mexico-Canada Agreement (“USMCA”) is a free trade agreement that replaced the North American Free Trade Agreement (“NAFTA”) and entered into force on July 1, 2020. The USMCA enjoyed significant bipartisan support and was widely considered a successful effort at “modernizing” NAFTA.

From a labor perspective, the USMCA contains much stronger provisions than its predecessor. Rather than comprising enforceable labor provisions, NAFTA was accompanied by a labor side agreement which only listed guiding principles pertaining to workers’ rights. On the other hand, the USMCA comprises an enforceable chapter dedicated to labor containing strong provisions in favor of workers rights.

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