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What You Missed at CBP’s Virtual Trade Week

posted by Jennifer Diaz September 23, 2020 0 comments

From September 8-11, U.S. Customs and Border Protection (CBP) held its first virtual trade week. Over the course of the event, CBP held an action-packed series of webinars on the following topics:

  • United States-Mexico-Canada-Agreement (USMCA)
  • Forced Labor
  • Customs-Trade Partnership Against Terrorism (CTPAT)
  • E-Commerce
  • 21st Century Customs Framework (21CCF)

In the midst of this global pandemic and the vast challenges that (we are all navigating) the trade community faces, by us coming together in this way collective commitment to continue our persistent and ongoing dialogue about the most pressing issue facing.  CBP believes that improving and delivering effective transparency is an essential element to enhancing trust, and trust is essential to strengthening partnerships and getting things done for your business to thrive and trade community to succeed.

Below are summaries of each of the sessions. Have questions on them? Contact DTL at info@diaztradelaw.com.

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Expanded Export Control Obligations when Exporting to China

posted by Jennifer Diaz August 24, 2020 0 comments

Co-Authored by Sharath Patil, a trade policy researcher in Washington, DC, with a background in global logistics, international trade, and commercial diplomacy. Patil is an active member of the District of Columbia bar, and is a graduate of the University of Oregon School of Law.

Introduction

U.S. export controls refer to a set of federal laws which restrict the export of certain sensitive goods, technologies, information and services. Export controls are primarily enforced through two U.S. government agencies: the U.S. Department of Commerce (for Export Administration Regulations (“EAR”)) and the U.S. Department of State (for International Traffic in Arms Regulations (“ITAR”)). In recent months, U.S. export control laws have expanded exporters’ obligations when exporting critical technologies to China, as well as other sensitive export destinations such as Russia and Venezuela. In particular, U.S. laws on exporting critical goods to Hong Kong have changed; there is a greater requirement to exercise due diligence when exporting; the entity list has expanded; and filing requirements have changed. It is important for U.S. exporters to keep abreast of changes to export control laws in order to remain compliant and avoid serious penalties. We will explain each of these developments, in turn.

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Florida’s Top 3 Export Markets

posted by Jennifer Diaz August 10, 2020 1 Comment

Source: U.S. Census Bureau

Co-Authored by Sharath Patil, a trade policy researcher in Washington, DC., with a background in global logistics, international trade, and commercial diplomacy. Patil is an active member of the District of Columbia bar, and is a graduate of the University of Oregon School of Law.

What and Where do Floridians Export?

Exports are big business in the Sunshine State. In 2019, export sales brought $56.3 billion into Florida’s economy. International trade has supported 2.4 million Floridian jobs. Floridians export a wide array of goods all over the world. In 2019, the top export markets for Florida’s goods were Brazil, Canada, and Mexico, respectively. See Chart 1. We will discuss the significance of each of these markets, in turn.

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Fifth Round of 301 Product Exclusions Involving List 4A – $300B

posted by Jennifer Diaz June 29, 2020 0 comments

On June 23, 2020, U.S. Customs and Border Protection (CBP) issued Cargo Systems Messaging Service (CSMS) #43134617 as guidance on the fifth round of product exclusions for List 4A of the Section 301 trade remedies. These exclusions were announced in Federal Register Notice (FRN) 85 FR 35975.

According to the CSMS, duty exclusions granted by the USTR under this exclusion are retroactive for imports on or after the initial effective date of September 1, 2019.  To request a refund of Section 301 duties paid on previous imports of products granted duty exclusions by the USTR, importers may file a Post Summary Correction (PSC) if within the PSC filing time frame. If the entry is beyond the PSC filing time frame, importers may protest the liquidation if within the protest filing time frame. These exclusions will be available through September 1, 2020 under 9903.88.49.

The following chart details exclusions per Tranche as well as provides the secondary HTSUS that should be used by importers when filing entry with CBP. The secondary HTSUS signals to CBP the merchandise is excluded from the applicable Tranche.   

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USMCA Import Considerations for Practitioners

posted by Jennifer Diaz June 26, 2020 0 comments

Diaz Trade Law’s President, Jennifer Diaz and Associate Attorney, Denise Calle are enthusiastic to announce that another one of their articles, “USMCA Import Considerations for Practitioners,” was published by Bloomberg Law! Below is the article reproduced with permission for your reading pleasure. We’d love to hear your feedback!

You can read the article here, by clicking USMCA Import Considerations for Practitioners (where you’ll have the ability to access all of the great hyperlinks) you cannot click on below.

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Implementing the USMCA’s Labor Chapter in Mexico

posted by Jennifer Diaz June 22, 2020 1 Comment

usmcaCo-Authored by Sharath Patil, a trade policy researcher in Washington, DC., with a background in global logistics, international trade, and commercial diplomacy. Patil is an active member of the District of Columbia bar, and is a graduate of the University of Oregon School of Law.

The U.S.-Mexico-Canada Agreement (“USMCA”) is a pending free trade agreement that will replace the North American Free Trade Agreement (“NAFTA”). The USMCA was signed in December 2019 and was ratified by all three countries in March 2020. Currently, the USMCA is being implemented and the agreement will enter into force on July 1, 2020. 

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DTL Tuned-In to the 2020 World Trade Center Miami’s International Trade Week – Check out our Recap:

posted by Jennifer Diaz May 27, 2020 0 comments

111During the weeklong series of 10 informative webinars on trade regulations, we heard TOP TIPs from numerous federal agencies, including U.S. Customs & Border Protection (CBP), U.S. Food and Drug Administration (FDA)’s Division of Southeast Imports, Miami’s CBP Fines, Penalties & Forfeitures (FP&F) Office, Miami CTPAT Field Office and more! Each webinar was produced to assist importers and exporters understand compliance and hot issues. Below are summaries of two webinars – FDA Import Operations Associated with COVID-19 Efforts and CTPAT – State of the Program / Minimum Security Criteria Updates:
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NEW EXECUTIVE ORDER: Federal Agencies Directed to Remove Regulatory Barriers

posted by Jennifer Diaz May 27, 2020 0 comments

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In light of COVID-19, on May 19, 2020, the Trump Administration issued a new Executive Order (EO) entitled, “Regulatory Relief to Support Economic Recovery” directing all federal agencies to promote economic recovery through non-regulatory action. Importers, exporters, and other businesses under the jurisdiction of one of the 42 plus federal agencies that have pending federal enforcement actions should consider the regulatory reform mandated by the EO.

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CBP Creates New Online Electronic Vessel Manifest Confidentiality Application

posted by Jennifer Diaz May 22, 2020 1 Comment

Photo Credit: Dr. Richard Sarabia

Do your competitors have access to information listed in your Bill of Lading? Why provide your competitors the advantages needed to gain control over your market? In our previous blog post “Do You Keep Your Manifest Information Confidential” we discussed the relevant privacy statute, what information is published publicly, and what information you can request CBP keep confidential.

 

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PC WIRE STRAND AVAILABILITY AT RISK

posted by Jennifer Diaz April 20, 2020 0 comments

pcw0

Guest article authored by David Craven, an expert on AD/CVD matters and Martindale-Hubbell A-V rated attorney, who serves Diaz Trade Law clients in an Of Counsel capacity.

Do you use, or are you planning to use PC Wire Strand?

PC Wire Strand is a critical raw material used in the production of pre-stressed concrete. The availability of such a product is now at serious risk, which would make producing pre-stressed concrete difficult and expensive. A trade action has just been filed,  seeking to impose anti-dumping and countervailing duties on imports from fifteen countries (Argentina, Columbia, Egypt, Indonesia, Italy, Malaysia, Netherlands, Saudi Arabia, South Africa, Spain, Taiwan, Tunisia, Turkey, Ukraine and the United Arab Emirates). This investigation is being conducted in parallel by two separate Federal Agencies; The International Trade Commission which decides whether the U.S. industry is being injured by the imports and the U.S. Department of Commerce which decides the amount of any duties.

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