Import Archives | Customs & International Trade Law Blog

C-TPAT Customs Expert Department of Homeland Security Enforcement Events Export Import International Business International Law International Trade IPR Labor Rights Reasonable Care Seizures Supply Chain U.S.Customs USMCA

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
21^st 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.

China China Trade War Import International Business International Law International Trade IPR IPR, Trademarks and Logos Supply Chain Trade War USTR

Pending Section 301 Lawsuit Could be A Windfall – But You Have to Act Now

posted by Jennifer Diaz September 15, 2020 0 comments

Possible Court Challenge to Section 301 Duties

A coalition of importers has just filed a Court challenge to the USTR’s imposition of Section 301 duties on certain imports from China under lists 3 and 4. These duties were imposed as part of a process purportedly intended to address intellectual property abuses by China. Specifically, this coalition has claimed that these duties were imposed contrary to law and ignored the statutory deadlines in Section 301.

Further, the coalition has argued that these duties were not imposed in response to the intellectual property violations alleged in the initiation notice, but rather were filed in response to the retaliatory tariffs enacted by China. Accordingly, the coalition argues, such tariffs were void from the initial imposition. Continue Reading

China China Trade War Customs Expert Enforcement Import International Business International Law International Trade Investigation IPR IPR, Trademarks and Logos Supply Chain Trade War

Exclusion Extensions Granted for List 4A

posted by Jennifer Diaz September 2, 2020 0 comments

On September 2, 2020, via Federal Register Notice, the United States Trade Representative formally announced its determination to extended certain previously granted exclusion requests through the end of the year; December 31, 2020.

AES AT Best Practices Customs Expert EAR EEI Enforcement Export Import Import Alert International Business International Law International Trade ITAR Trade War U.S.Customs Uncategorized

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.

AD/CVD Best Practices CBP China China Trade War Customs Expert Import International Business International Law International Trade IPR IPR, Trademarks and Logos Trade War

U.S. Ends Differential Treatment for Hong Kong

posted by Jennifer Diaz August 19, 2020 1 Comment

On Tuesday, August 11, 2020, United States Customs and Border Protection (CBP) announced via Federal Register Notice that all items made in Hong Kong and destined for the U.S. must now indicate “China” as the country of origin.

Hong Kong’s unique political situation as an autonomous city-state initially called for specially tailored laws and regulations governing items imported into the United States. For more than 20 years the US recognized the separation between China and Hong Kong, evidenced by the requirements to distinguish between the two. Additionally, in light of the Section 301 investigation of China’s acts, policies, and practices related to technology transfer, intellectual property, and innovation; as well as the regime’s human rights and forced labor abuses, the United States is especially keen on identifying items produced in China.

CBP China China Trade War Customs Expert Import International Law International Trade IPR Supply Chain Trade War U.S.Customs

List 3 Exclusion Extensions Granted – Did Your HTS Make the Cut?

posted by Jennifer Diaz August 11, 2020 0 comments

Over 200 exclusions set to expire on August 7^th are now effective until the end of the year.

In September 2018, as part of the Section 301 investigation of China’s acts, policies, and practices related to technology transfer, intellectual property, and innovation, the US imposed a 10 percent ad valorem duties on more than 5,700 goods from China worth approximately $200 billion (List 3). Since the publication of the exclusion process on June 24, 2019, the United States Trade Representative (USTR) has granted 15 rounds of relief.

Best Practices Brazil Canada Customs Expert Enforcement Export Import Import Alert International Business International Law International Trade Mexico U.S.Customs

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.

CBP China China Trade War Import International Business International Law International Trade IPR Supply Chain Trade War USTR

China Tariff Update – List 2 Exclusions Extended

posted by Jennifer Diaz July 31, 2020 0 comments

If you import goods subject to List 2/Tranche 2 China tariffs, read on!

Background:

Effective August 23, 2018, the U.S. Trade Representative imposed additional 25 percent duties on goods of China classified in 279 eight-digit subheadings of the Harmonized Tariff Schedule of the United States (HTSUS), with an approximate annual trade value of $16 billion. See 83 FR 40823 for List 2; the $16 billion action. The U.S. Trade Representative’s determination included a decision to establish a process by which U.S. stakeholders could request exclusion of particular products classified within an eight-digit HTSUS subheading covered by the $16 billion action from the additional duties. The U.S. Trade Representative issued a notice setting out the process for the product exclusions and opened a public docket. See 83 FR 47236 (the September 18 notice).

Best Practices CBP China China Trade War Customs Expert Department of Homeland Security Enforcement Import International Business International Law International Trade Investigation IPR Supply Chain Trade War U.S.Customs

6th Round of Section 301 Tariff (List 1) Exclusions Extended

posted by Jennifer Diaz July 23, 2020 0 comments

Just over two years ago, on July 6, 2018, the United States Trade Representative (USTR) levied an estimated $34 Billion in Tariffs (also known as Tranche 1 or List 1) or against imports into the U.S. from the Chinese Communist Party due to the US’ Section 301 investigation of China’s acts, policies, and practices related to technology transfer, intellectual property, and innovation.

Following the publication of the tariffs, on July 11, 2018, USTR published Exclusion Process Procedures for items included on List 1. Petitioners were required to submit their requests by October 9, 2018, and USTR began granting exclusions in December 2018. Since the initial imposition of the Section 301 duties, USTR has granted 10 rounds of exclusions totaling more than 6,200 requests for List 1. Additionally, there are still more than 6,500 exclusion requests still pending approval for the Action taken on August 20, 2019.

Best Practices CBP China Customs Expert Department of Homeland Security Enforcement Import International Law International Trade Investigation Labor Rights Supply Chain U.S.Customs

CBP Seizes $800k of Human Hair From China Alleging Forced Labor

posted by Jennifer Diaz July 22, 2020 1 Comment

On July 1, 2020, U.S. Customs and Border Protection (CBP) officers in Newark, New Jersey seized an import from China of roughly 13 tons of beauty products and accessories, discovered products made of human hair. The shipment, which came from the Xinjiang Region of China is estimated to be worth over $800,000.00.

The import was seized as a result of a June 17, 2020, Withhold Release Order (WRO) for “imported merchandise made wholly or in part with hair products produced by Lop County Meixin Hair Product Co. Ltd. (Meixin) in Xinjiang, China”.

According to CBP’s Executive Assistant Commissioner for the Office of Trade, there had already been evidence that reasonably indicated that the Chinese hair product company had been using prison labor to produce their merchandise, which is prohibited by Federal statute 19 U.S.C. 1307.

Older Posts