IPR, Trademarks and Logos Archives | Customs & International Trade Law Blog

Customs Bulletin Update – Vol. 56, October 19, 2022, No. 41

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

Revocation of three ruling letters, modification of one ruling letter, and revocation of treatment relating to the tariff classification of certain step stools
- Pursuant to 19 U.S.C. § 1625(c)(1), CBP is revoking NY N294603, dated March 2, 2018, NY N196451, dated December 27, 2011, NY M84487, dated June 27, 2006, and modifying NY N235681, dated December 5, 2012, and revoking or modifying any other ruling not specifically identified to reflect the analysis contained in HQ H305377, set forth as an Attachment to this notice. Additionally, pursuant to 19 U.S.C. § 1625(c)(2), CBP is revoking any treatment previously accorded by CBP to substantially identical transactions.
- It is now CBP’s position that a one-step step stool is classified according to its constituent material in heading 3924, if made of plastics or in heading 4421, if made of wood. Accordingly, pursuant to GRI’s 1 and 6, the plastic one-step step stools in NY N294603 and NY N196451 are classified in subheading 3924.90.56, which provides for “Tableware, kitchenware, other household articles and hygienic or toilet articles, of plastics: Other: Other”. The one-step step stool made of MDF in NY N235681 and the wooden step stool in NY M84487 are classified in subheading 4421.99.97, which provides for “Other articles of wood: Other: Other: Other: Other
Proposed modification of one ruling letter and proposed revocation of treatment relating to the tariff classification of paper face masks
- Pursuant to 19 U.S.C. § 1625(c)(1), CBP is proposing to […]

By Jennifer Diaz|2022-10-21T17:24:05-04:00October 24, 2022|CTPAT, Import, International Law, International Trade, IPR, Trademarks and Logos, U.S. Court of International Trade, U.S. Customs and Border Protection (CBP), Uncategorized|Comments Off

Customs and Trade Weekly Snapshot

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

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By Jennifer Diaz|2022-09-09T15:59:48-04:00September 9, 2022|301 INVESTIGATIONS, China, China Trade War, EAR, Export, Import, International Trade, IPR, Trademarks and Logos, IRAN, Pre-compliance, Reasonable Care, Snapshot, Supply Chain, Trade Policy, U.S. Bureau of Industry and Security (BIS), U.S. Customs and Border Protection (CBP), U.S. Office of Foreign Assets Control (OFAC), U.S. Trade Representative (USTR)|Comments Off

U.S. Customs – Your Personal Policeman at the Border

Many companies mistakenly believe that registering a trademark or copyright with the U.S. Government provides sufficient protection and remedies, and, therefore, do not take the extra step to record trademarks or copyrights with U.S. Customs and Border Protection (U.S. Customs).

The processes achieve two completely different goals.

Registering a trademark with the U.S. Patent and Trademark Office (USPTO) or copyright with the U.S. Copyright Office gives public notice of one’s ownership of the trademark or copyright. On the other hand, the purpose of recording a trademark or copyright with U.S. Customs is to partner with the agency in preventing the unauthorized importation of merchandise that bears a recorded trademark or copyright. U.S. Customs prevents counterfeit and otherwise infringing products from entering or exiting the United States for registered trademark or copyright holders who have recorded their trademarks or copyrights with Customs.

U.S. Customs officials may detect infringing merchandise at the time of entry into the United States. When you record trademarks or copyrights with Customs, the information is entered into an electronic database accessible to U.S. Customs officers around the world. U.S. Customs uses this information to target suspect shipments for the purpose of physically examining merchandise which ultimately prevents the importation or exportation of infringing goods.

Advantages to Recording a Trademark or Copyright with Customs

The first and most obvious advantage to recording a trademark or copyright with U.S. Customs is that the agency will monitor and seize infringing merchandise at the ports of entry. Because U.S. […]

By Jennifer Diaz|2022-09-08T18:54:54-04:00September 8, 2022|China, Counterfeits, Enforcement, Import, International Trade, IPR, Trademarks and Logos, Pre-compliance, Speaking, U.S. Customs and Border Protection (CBP)|Comments Off

Bloomberg: A Comparison of Customs IPR Protection in the U.S. & China

Diaz Trade Law’s President, Jennifer Diaz, is enthusiastic to announce Bloomberg Law published another one of our articles, “A Comparison of Customs IPR Protection in the U.S. & China“! We want to thank Wen Peng, trademark attorney of Chofn Intellectual Property for her contributions. Below is the article reproduced with permission for your reading pleasure. 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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By Jennifer Diaz|2022-07-20T17:14:15-04:00July 21, 2022|Best Practices, Bloomberg, China, IPR, Trademarks and Logos, U.S. Customs and Border Protection (CBP)|1 Comment

2021: A Year in Review

From all of us at Diaz Trade Law, we are incredibly thankful and grateful for your support this year. Despite this ongoing pandemic, Diaz Trade Law still managed to save our clients MILLIONS of dollars in 2021. It is with great joy that we finish off 2021 filled with numerous achievements and accomplishments were humbled to share with you. We look forward to assisting you in what we envision will be a better and brighter 2022!

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By Jennifer Diaz|2022-04-25T16:55:36-04:00December 30, 2021|ACE, AD/CVD, Best Practices, CBP 28, China, COVID-19, Currency Seizure, Export, HTS, Import, Import Alert, International Trade, IPR, Trademarks and Logos, Prior Disclosures, Seizures, U.S. Customs and Border Protection (CBP), U.S. Federal Aviation Administration (FAA), U.S. Federal Trade Commission (FTC), U.S. Food and Drug Administration (FDA), U.S. Office of Foreign Assets Control (OFAC)|Comments Off

Want Customs to Police Your IPR at all 328 Ports of Entry?

Did you know in FY2020, U.S. Customs seized more than 26,000 shipments worth more than $1.3 BILLION due to alleged intellectual property rights (IPR) violations? Ensure you’re on the right side of CBP enforcement and register for Diaz Trade Law’s next webinar “Intellectual Property Rights (IPR) and Customs (Including an Update on the Amazon Registry) – Amazon Brand Registry“ taking place on December 15, 2021. This one-hour webinar will provide best practices and TOP tips on how one can protect their IPR using U.S. Customs and Border Protection (CBP) and effective methods to go after IPR infringers.

Register today to hear directly from DTL’s president, Jennifer Diaz, Associate Attorney, Denise Calle and Of Counsel and IPR Specialist, Augusto Perera, as they teach attendees about intellectual property rights and the best ways to protect them.

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By Jennifer Diaz|2021-12-13T16:55:43-05:00December 13, 2021|Best Practices, Counterfeits, Import, International Law, International Trade, IPR, Trademarks and Logos, Pre-compliance, Reasonable Care, Seizures, U.S. Customs and Border Protection (CBP)|Comments Off

Protecting Intellectual Property Rights in China

Diaz Trade Law’s President, Jennifer Diaz, and Associate Attorney, Sharath Patil, are enthusiastic to announce Bloomberg Law published another one of our articles, “Protecting Intellectual Property Rights in China“! 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!

[…]

By Jennifer Diaz|2022-04-25T16:17:57-04:00November 9, 2021|Best Practices, Bloomberg, Bloomberg Export, China, IPR, Trademarks and Logos|Comments Off

How to Build and Maintain an Effective Import Compliance Plan

CBP enforcement is on the rise. If your business is importing into the U.S., or wants to start, our one-hour, NEI accredited, webinar on “Building & Maintaining an Effective Import Compliance Plan” will provide best practices and TOP tips to build an import compliance plan.

Register today to to hear directly from Senior Trade Advisor, Don Woods, DTL’s president, Jennifer Diaz, and Associate Attorney, Denise Calle as they discuss real life stories, current trends/risks associated with the import process, proactive ways to stay compliant, and the importance of training to avoid costly encounters with CBP. […]

By Jennifer Diaz|2021-10-01T09:43:08-04:00October 1, 2021|ACE, Best Practices, Counterfeits, CTPAT, Currency Seizure, Customs Broker, Customs Expert, Enforcement, Forced Labor, Freight Forwarding, ICE, Import, International Trade, IPR, Trademarks and Logos, Labeling, Labor Rights, Penalty, Pre-compliance, Reasonable Care, Seizures, U.S. Customs and Border Protection (CBP)|Comments Off

Jen Diaz to Moderate FCBF Webinar on IPR featuring CBP Branch Chief and UL

Diaz Trade Law is excited to announce that President Jennifer Diaz will be moderating the upcoming FCBF webinar titled “IPR with CBP and UL” with the Chief of the Intellectual Property Rights Branch of U.S. Customs and Border Protection, Alaina van Horn, and UL Brand Protection Manager, Lisa Deere.

The Florida Customs Brokers & Forwarders Association (FCBF) encourages all custom brokers, patent, trademark and all international trade professional to join its Intellectual Property Rights (IPR) with U.S. Customs and Border Protection (CBP) and UL. This one-hour webinar will give custom brokers, importers, and all other international trade professionals the ability to learn and understand CBP’s IPR customs and enforcement.

This webinar will be Friday, September 3, 2021 at 11:30 AM EST.

Register Now!

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By Jennifer Diaz|2021-09-02T16:43:47-04:00September 2, 2021|Best Practices, Counterfeits, Customs Broker, Import, International Trade, IPR, Trademarks and Logos, Seizures, Speaking, U.S. Customs and Border Protection (CBP)|Comments Off

Jennifer Diaz Presenting at Global Trade Educational Conference 2021

The NCBFAA Educational Institute invites all global logistics professionals to its 7th Annual Global Trade Educational Conference (GTEC). This two-day event in Baltimore, MD will give customs brokers, freight forwarders, NVOCCs, OTI, service providers, importers, exporters and all global logistics professionals an opportunity to update themselves on industry developments and connect with colleagues new and old.

Join us IN PERSON in Baltimore, MD, July 26-27, 2021. NCBFAA NEI and hotel staff will be complying with all state and venue COVID-19 protocols so you can feel safe attending the event! Virtual attendance is available, so you can gain knowledge from anywhere!

REGISTER TODAY!

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