IPR, Trademarks and Logos Archives | Page 2 of 6 | Customs & International Trade Law Blog

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

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. […]

By Jennifer Diaz|2020-09-24T10:48:09-04:00September 15, 2020|China, China Trade War, Import, International Business, International Law, International Trade, IPR, Trademarks and Logos, Supply Chain, U.S. Trade Representative (USTR)|1 Comment

Exclusion Extensions Granted for List 4A

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.

[…]

By Jennifer Diaz|2020-09-03T15:29:42-04:00September 2, 2020|China, China Trade War, Customs Expert, Enforcement, Import, International Business, International Law, International Trade, Investigation, IPR, Trademarks and Logos, Supply Chain|0 Comments

U.S. Ends Differential Treatment for Hong Kong

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.

[…]

By Jennifer Diaz|2020-08-19T13:47:04-04:00August 19, 2020|AD/CVD, Best Practices, China, China Trade War, Customs Expert, Import, International Business, International Law, International Trade, IPR, Trademarks and Logos, U.S. Customs and Border Protection (CBP)|4 Comments

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

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.

[…]

By Jennifer Diaz|2021-03-26T12:20:59-04:00August 11, 2020|China, China Trade War, Customs Expert, Import, International Law, International Trade, IPR, Trademarks and Logos, Supply Chain, U.S. Customs and Border Protection (CBP)|1 Comment

China Tariff Update – List 2 Exclusions Extended

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).

[…]

By Jennifer Diaz|2021-03-26T12:21:14-04:00July 31, 2020|China, China Trade War, Import, International Business, International Law, International Trade, IPR, Trademarks and Logos, Supply Chain, U.S. Customs and Border Protection (CBP), U.S. Trade Representative (USTR)|0 Comments

More Section 301 Tariff Exclusion Requests Granted For List 4

Nearly a year ago, on August 20, 2019, President Trump and the United States Trade Representative (USTR) imposed a 10 percent ad valorem on imported goods from China, worth an estimated $300 Billion (Tranche or List 4), due to the US’ Section 301 investigation of China’s acts, policies, and practices related to technology transfer, intellectual property, and innovation. Then, on August 30, 2019, the 10 percent ad valorem was raised to a 15 percent ad valorem. On January 22, 2020, the USTR, lowered the ad valorem on goods included on Annex A of List 4 to 7.5 percent and suspended the duties entirely for goods included on Annex C. See 84 FR 69447, 85 FR 3741.

[…]

By Jennifer Diaz|2021-03-26T12:21:37-04:00July 27, 2020|China, China Trade War, Customs Expert, International Business, International Law, International Trade, IPR, Trademarks and Logos, Supply Chain, U.S. Customs and Border Protection (CBP)|1 Comment

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

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.

[…]

By Jennifer Diaz|2021-03-26T12:22:01-04:00July 23, 2020|Best Practices, China, China Trade War, Customs Expert, Enforcement, Import, International Business, International Law, International Trade, Investigation, IPR, Trademarks and Logos, Supply Chain, U.S. Customs and Border Protection (CBP), U.S. Department of Homeland Security (DHS)|0 Comments

COVID FLEXIBILITY – FDA Announces Temporary Policy Regarding Certain Labeling Requirements for Foods

The U.S. Food and Drug Administration is issuing a guidance document to provide additional temporary flexibility in food labeling requirements to manufacturers and vending machine operators. The goal is to provide regulatory flexibility, where appropriate, to help minimize the impact of supply chain disruptions on product availability associated with the current COVID-19 pandemic. Fruit-and-Vegetable-Vending-machine-double-cabinets-03-500x500

Entitled “Temporary Policy Regarding Certain Food Labeling Requirements During the COVID-19 Public Health Emergency: Minor Formulation Changes and Vending Machines,” this guidance is one of several the FDA has issued to provide temporary flexibility to the food industry to help support the food supply chain and meet consumer demand during the pandemic.

[…]

By Jennifer Diaz|2021-04-07T16:10:44-04:00May 27, 2020|Best Practices, Customs Expert, Food, Import Alert, International Trade, IPR, Trademarks and Logos, U.S. Food and Drug Administration (FDA)|0 Comments

Diaz Trade Law Operations During the Coronavirus

Pic CDC As information about the Coronavirus (COVID-19) continues to rapidly evolve, we at Diaz Trade Law want to assure you that providing you the best service remains our top priority. We have received many calls asking if we are still working on cases and taking on new cases. The answer is, yes. To schedule a consultation, please contact info@diaztradelaw.com.

[…]

By Jennifer Diaz|2021-03-26T12:22:12-04:00March 23, 2020|Best Practices, China, Currency Seizure, Customs Expert, Import, International Law, IPR, Trademarks and Logos, Penalty, Seizures, U.S. Customs and Border Protection (CBP)|0 Comments

FREE Webinar Series on Intellectual Property Rights

Do you want to learn more about intellectual property rights (IPR)? Do you want to understand how IPR and U.S. Customs mix (and don’t mix)? Do you want to understand how to properly protect your brand internationally and domestically and what type of enforcement action U.S. Customs can take against infringers? If so, this 3 part FREE seminar series is especially for you. Act now, and reserve your FREE seat while they last. Did we mention it’s FREE??

1.12