Import Archives | Customs & International Trade Law Blog

Summary of CBP’s March 2023 Forced Labor Technical Expo

Summary of CBP’s March 2023 Forced Labor Technical Expo

CBP held a Forced Labor Technical Expo from March 14-15, comprised of experts and service providers highlighting tools to utilize for supply chain transparency to comply with The Uyghur Forced Labor Prevention Act (UFLPA) and the general “reasonable care” obligations of U.S. importers. UFLPA was signed into law December 31, 2021, and seeks to prohibit imports of certain goods from China’s Xinjiang Uyghur Autonomous Region, where it has been reported that the Chinese government is using forced labor of Uyghur Muslims and other ethnic and religious minorities in detention camps and factories. For more information about the UFLPA, please see our previous blog articles here and here.

CBP Data Dashboard

CBP launched a UFLPA data dashboard where the trade community can now monitor forced labor enforcement by origin, commodity, CBP Center of Excellence and Expertise, and more. See the screenshot of the new dashboard below and note that the countries of export most targeted are NOT China, contrary to popular belief. This is partly due to the fact that most UFLPA enforcement to date has been on solar panels, which may include Chinese-origin raw materials but are generally further manufactured outside of China. Notably, CBP is actively tracking many different types of products across many different industries with raw materials that originate in China and that are further manufactured in other countries for forced labor enforcement. […]

By Jennifer Diaz|2023-03-29T12:06:53-04:00March 29, 2023|China, Forced Labor, International Trade, Reasonable Care, Supply Chain, U.S. Customs and Border Protection (CBP)|0 Comments

New Court Rulings on Marijuana-Related Paraphernalia: Understanding the Impact on Importers

The marijuana industry is rapidly growing, with more and more states legalizing its use for medical and/or recreational purposes. With this growth, there is an increase in the importation of products such as grinders, storage containers, rolling paper, pipes, and vape pens, both for business and personal use. More businesses are asking why there is an issue importing such items when they only intend to sell and distribute within the many states where marijuana is legal for medical or recreational use and have established regulations for marijuana-related products. It is still essential to remember, while many states have legalized marijuana for medical or recreational use, marijuana remains illegal under federal law.

This blog will address recent Court of International Trade (CIT) cases on this very topic and will be a part 2 to our previous blog covering U.S. Customs and Border Protection (CBP) seizures of drug paraphernalia.

CBP Authority

CBP has the power to seize “drug paraphernalia” products. This does not only cover importations of products for commercial use, but also items for personal use with individuals traveling internationally seeking entry into the United States. CBP’s website section: Know Before You Go – Prohibited and Restricted Items encourages individuals to contact CBP prior to traveling and make sure that prohibited or restricted items, such as drug paraphernalia, are not brought into the country, as they are not only subject to seizure pursuant to 19 […]

By Jennifer Diaz|2023-03-10T12:04:07-05:00March 10, 2023|E-Cigarette, Export, Import, Seizures, Tobacco, U.S. Court of International Trade, U.S. Customs and Border Protection (CBP)|Comments Off

CBP Publishes Additional Guidance On Responding to Cargo Detentions Made Under the Uyghur Forced Labor Prevention Act

Background

The Uyghur Forced Labor Prevention Act (“UFLPA”) went into effect on June 21, 2022. The law creates a rebuttable presumption that imports of all goods mined, produced, or manufactured wholly or in part in the Xinjiang Uyghur Autonomous Region of China (“Xinjiang”), or by entities identified on the UFLPA Entity List, were made using forced labor and are prohibited from entry into the U.S. under 19 U.S.C. § 1307. For more information about the UFLPA, please see our previous blog articles here and here. U.S. Customs and Border Protection (“CBP”) has been vigorously enforcing this law, detaining hundreds of attempted import shipments every month under both the UFLPA and Withhold Release Orders for suspected forced labor violations.

Importers that have a shipment detained under the UFLPA can seek to have the shipment released under one of two paths. They can either:

show that in spite of the fact that the goods were produced wholly or partially in Xinjiang or by an entity on the UFLPA Entity List, they were not in fact made using forced labor; or
show that neither the goods nor the inputs used to make the goods were produced wholly or partially in Xinjiang and have no connection to entities on the UFLPA Entity List (i.e., that the goods fall outside the scope of the UFLPA).

Taking the second path means requesting an “admissibility review.”

Last year, pursuant to the UFLPA, the Department of Homeland Security published a Strategy to Prevent the Importation of Goods Mined, […]

By Jennifer Diaz|2023-03-09T20:19:21-05:00March 9, 2023|China, Forced Labor, Import, International Trade, U.S. Customs and Border Protection (CBP), U.S. Department of Homeland Security (DHS), Uncategorized|Comments Off

Omnibus Bill: What Changes Can You Expect to Cosmetics Regulation?

On December 22, 2022, U.S. House and Senate leaders passed the long-awaited $1.7 trillion FY2023 omnibus spending bill. This blog provides information on the significant changes to cosmetics regulation with the passage of the Omnibus bill and the Food Drug and Cosmetic Act amendments. We encourage you to contact Diaz Trade Law to assess the implications of the significant changes. […]

By Jennifer Diaz|2023-01-06T11:31:44-05:00January 6, 2023|Best Practices, Cosmetics, Import, International Trade, U.S. Food and Drug Administration (FDA)|Comments Off

Customs and Trade Law Weekly Snapshot

Here is a recap of the latest customs and international trade law news:

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By Jennifer Diaz|2023-01-06T11:29:53-05:00January 6, 2023|Best Practices, Export, Import, International Trade, U.S. Customs and Border Protection (CBP), U.S. Department of Commerce (DOC), U.S. Office of Foreign Assets Control (OFAC)|Comments Off

2022: A Year in Review

From all of us at Diaz Trade Law, we are immensely grateful for your support this year. While returning to a new normal post-pandemic, Diaz Trade Law still managed to save our clients MILLIONS of dollars in 2022. It is with great joy that we finish off 2022 filled with numerous achievements and accomplishments we are humbled to share with you. We look forward to assisting you in what we envision will be a better and brighter 2023!

Below we share some of our top 2022 success stories with you.

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By Jennifer Diaz|2022-12-30T15:46:57-05:00December 31, 2022|AD/CVD, Best Practices, Customs Expert, Export, Import, International Law, International Trade, U.S. Customs and Border Protection (CBP), U.S. Food and Drug Administration (FDA), U.S. Office of Foreign Assets Control (OFAC)|Comments Off

The Beginning of the End of the MID

The Global Business Identifier Evaluative Proof of Concept (GBI EPoC) is officially out and open for participation by entry filers (i.e., importers of record and licensed customs brokers who file type 1 & 11 entries) and it has very specific parameters. I was very excited to see that CBP was looking to end MID’s and get the data elsewhere – now we know more about the who and the why. I consider this the beginning of the end of MID’s with an extra layer of snooping for targeting data. Below identified the who, what, and when.

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By Jennifer Diaz|2022-12-12T23:50:49-05:00December 13, 2022|Best Practices, Import, International Trade, U.S. Customs and Border Protection (CBP)|Comments Off

Customs Bulletin Weekly, Vol. 56, November 16, 2022, No. 45

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

African Growth and Opportunity Act (AGOA) Textile Certificate of Origin
- The African Growth and Opportunity Act (AGOA) was adopted by the U.S. with the enactment of the Trade and Development Act of 2000 (Pub. L. 106–200). The objectives of AGOA are (1) to provide for extension of duty-free treatment under the Generalized System of Preferences (GSP) to import sensitive articles normally excluded from GSP duty treatment, and (2) to provide for the entry of specific textile and apparel articles free of duty and free of any quantitative limits from eligible countries of sub-Saharan Africa.
- For preferential treatment of textile and apparel articles under AGOA, the exporter or producer is required to prepare a certificate of origin and provide it to the importer. The certificate of origin includes information such as name and address of the exporter, producer, and importer; the basis for which preferential treatment is claimed; and a description of the imported article(s). The importers are required to have the certificate in their possession at the time of the claim, and to provide it to Customs and Border Protection (CBP) upon request. The collection of this information is provided for in 19 CFR 10.214, 10.215, and 10.216.
- CBP invites the general public and other Federal agencies to comment on the proposed and/or continuing information collections pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). This proposed information collection was previously published in the Federal Register […]

By Jennifer Diaz|2022-11-17T09:53:38-05:00November 21, 2022|COVID-19, Federal Register, Import, International Business, International Law, International Trade, U.S. Court of International Trade, U.S. Customs and Border Protection (CBP), Uncategorized|Comments Off

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

Customs Bulletin Weekly, Vol. 56, October 26, 2022, No. 42

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

Period of Admission and Extensions of Stay for Representatives of Foreign Information Media Seeking to Enter the United States
- This rule amends Department of Homeland Security (DHS) regulations to better facilitate the U.S. Government’s ability to achieve greater reciprocity between the United States and the People’s Republic of China (PRC) relative to the treatment of representatives of foreign information media of the respective countries seeking entry into the other country.
- For entry into the United States, such foreign nationals would seek to be admitted in I nonimmigrant status as bona fide representatives of foreign information media. Currently, foreign nationals who present a passport issued by the PRC, with the exception of Hong Kong Special Administrative Region (SAR) or Macau SAR passport holders, may be admitted in or otherwise granted I nonimmigrant status until the activities or assignments consistent with the I classification are completed, not to exceed 90 days.
- This rule amends the DHS regulations to remove the set period of stay of up to 90 days and to allow the Secretary of Homeland Security (Secretary) to determine the maximum period of stay, no longer than one year, for PRC I visa holders, taking into account certain factors.
- This rule also announces the Secretary has determined the maximum period of stay for which a noncitizen who presents a passport issued by the PRC (other than a Hong Kong SAR passport or a Macau SAR passport) may be admitted in or […]