Import Archives | Page 4 of 29 | Customs & International Trade Law Blog

Comment on FDA’s Proposed Rule – French Dressing

On December 21, 2020, the Food and Drug Administration (FDA) proposed a rule to revoke the Standard Of Identity (SOI) for French dressing. FDA found that French dressings’ current standard of identity “no longer promotes honesty and fair dealing in the interest of consumers”. Effectively the amending of the SOI may allow producers more flexibility, keeping the market competitive with nonstandardized foods.

According to the Federal Register Notice, the proposed rule would not require anything new from salad dressing manufacturers. Rather, by providing the flexibility for innovation, the amendment to French Dressing’s SOI presents an opportunity for social benefits at no cost to the industry or consumer.

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By Jennifer Diaz|2021-07-26T17:19:40-04:00January 14, 2021|Customs Expert, Enforcement, Export, Food, Import, Supply Chain, U.S. Food and Drug Administration (FDA)|0 Comments

Treasury Imposes Further Sanctions on Iran

Co-Authored by Sharath Patil

Background on Iran Sanctions

The United States has imposed restrictions on activities with Iran under various legal authorities since 1979, following the seizure of the U.S. Embassy in Tehran following the Iranian Revolution. In October 2015, the United States, the United Kingdom, France, China, and Russia, as well as Germany (known collectively as the P5 +1) met with Iran and successfully negotiated the Joint Comprehensive Plan of Action (“JCPOA”). Pursuant to the JCPOA, Iran agreed to roll back parts of its nuclear program in exchange for relief from some sanctions. According to United Nations Security Council Resolution 2231, the JCPOA would result in “the comprehensive lifting of all UN Security Council sanctions as well as multilateral and national sanctions related to Iran’s nuclear program, including steps on access in areas of trade, technology, finance, and energy.” The few years of decreased economic sanctions towards Iran came to an end in May 2018 when the Trump administration unilaterally withdrew from the JCPOA. The return of increased U.S. sanctions towards Iran came into effect in November 2018.

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By Jennifer Diaz|2021-07-26T17:23:01-04:00January 12, 2021|Best Practices, China Trade War, Customs Expert, Enforcement, Export, Import, International Business, International Law, International Trade, International Travel, IRAN|0 Comments

USDA National Organic Program – Enforcement & Compliance Overview

Co-Authored by Sharath Patil

What’s the National Organic Program?

Established by Congress and announced in 2000, the U.S. Department of Agriculture’s (“USDA”) National Organic Program (“NOP”) is a federal regulatory program which develops and enforces uniform national standards for organically-produced agricultural products sold in the United States. NOP operates as a public-private partnership which accredits third-party organizations to certify that farms and businesses meet the national organic standards. By enforcing its standards, NOP ensures a level playing field for producers while protecting consumer confidence in the integrity of the USDA organic seal.

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By Jennifer Diaz|2021-07-26T17:26:14-04:00January 5, 2021|Best Practices, Customs Expert, Enforcement, Export, Import, International Business, International Law, International Trade, International Travel, U.S. Department of Agriculture (USDA)|0 Comments

New Developments in U.S. Aluminum & Steel – Import Monitoring

Co-Authored by Sharath Patil

Background on Section 232 Investigations

There is significant discussion among the trade community about the future of the Section 232 aluminum and steel tariffs. Section 232 investigations, administered by the U.S. Commerce Department, are conducted to determine the imports of certain goods on national security. Historically, Section 232 investigations have been conducted regarding U.S. imports of crude oil and petroleum products and uranium, among other critical imports. Under the Trump administration, the Commerce Department initiated investigations of U.S. imports of aluminum and steel on April 27, 2017. The investigation resulted in an affirmative determination that such imports harm U.S. national security. The Commerce Department’s investigation reports found that:

The United States is the world’s largest importer of steel – with imports four times exports.
World steelmaking capacity is 2.4 billion metric tons, up 127% from 2000, while steel demand grew at a slower rate.
The recent global excess capacity is 700 million tons, almost 7 times the annual total of U.S. steel consumption. China is by far the largest producer and exporter of steel, and the largest source of excess steel capacity. Their excess capacity alone exceeds the total U.S. steel-making capacity.
Aluminum imports have risen to 90% of total demand for primary aluminum

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By Jennifer Diaz|2021-01-25T17:16:06-05:00December 31, 2020|Best Practices, China Trade War, Customs Expert, Enforcement, Export, Import, International Law, International Trade|0 Comments

USTR Announces China 301 Tariff Exclusion Extensions for COVID-Related Products

On December 29, 2020, the Office of the United States Trade Representative (“USTR”) announced long-awaited extensions to a limited set of previously granted exclusions (for COVID-related products), that were set to expire on December 31, 2020. Meanwhile, importers across non-COVID industries are continuing to await guidance on their tariff exclusion extensions that are set to expire on December 31, 2020.

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By Jennifer Diaz|2021-04-09T13:06:39-04:00December 30, 2020|301 INVESTIGATIONS, China, China Trade War, COVID-19, Customs Broker, Customs Expert, Enforcement, Export, HTS, Import, International Business, International Law, International Trade, Investigation, IPR, Trademarks and Logos, Supply Chain, U.S. Customs and Border Protection (CBP)|1 Comment

New National Space Policy Drives American Leadership in Space Commerce

Co-Authored by Sharath Patil

National Space Policy Unveiled

On December 9, 2020, the White House released the National Space Policy of the United States of America. Among other objectives, the policy seeks to drive U.S. leadership in space commerce by encouraging the cultivation of U.S. industrial capacity in space innovation.

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By Jennifer Diaz|2020-12-29T09:47:11-05:00December 29, 2020|Best Practices, China, China Trade War, Customs Expert, Enforcement, Export, Import, International Law, International Trade, International Travel|0 Comments

A Year in Review!

2020 has been a difficult year filled with immense challenge and change (to say the least). From all of us at Diaz Trade Law, we are incredibly thankful and grateful for your support. Despite a pandemic, Diaz Trade Law still managed to save our clients MILLIONS of dollars in 2020. It is with great joy that we finish off 2020 filled with numerous achievements and accomplishments. We look forward to assisting you in what we envision will be a better and brighter 2021!

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By Jennifer Diaz|2021-04-09T13:06:51-04:00December 23, 2020|301 INVESTIGATIONS, Best Practices, China, China Trade War, Counterfeits, Cuba, Currency Seizure, Customs Expert, Enforcement, Export, Forced Labor, Import, Import Alert, International Business, International Law, International Trade, International Travel, IPR, Trademarks and Logos, Medical Devices, U.S. Customs and Border Protection (CBP)|0 Comments

Catch Up on Diaz Trade Law’s Top Blogs From 2020!

We want to make sure you stay up to date with the hottest trade blogs from 2020. Below is a summary of what you missed by category. Enjoy!

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By Jennifer Diaz|2021-04-09T13:08:38-04:00December 23, 2020|Best Practices, China, China Trade War, Customs Expert, Election 2020, Enforcement, Events, Export, Forced Labor, Import, Import Alert, International Business, International Law, International Trade, U.S. Customs and Border Protection (CBP)|0 Comments

U.S.-Cuba Trade under Trump vs. Biden

Co-Authored by Sharath Patil

U.S.-Cuba Trade under Trump

Since the early 1960s, the U.S. maintained a policy of economic sanctions towards Cuba. The U.S. policy sought to isolate the Cuban government. In 2014, the Obama administration significantly changed U.S. trade and economic policies towards Cuba by restoring diplomatic relations, rescinding Cuba’s designation as a state sponsor of terror, and permitting increased trade between the two countries. This period was known as the Cuban Thaw.

However, under President Trump’s administration, the Obama administration’s efforts to normalize relations have been rolled back. In November 2017, the Trump administration restricted financial transactions with entities controlled by the Cuban government. Furthermore, many new entities have been added to the Cuba restricted list under the Trump administration. As of 2019, the Trump administration has more or less abandoned engagement with the Cuban government, and has opted instead to increase sanctions based on Cuba’s human rights violations and its support of the Venezuelan government under Nicolas Maduro.

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By Jennifer Diaz|2020-12-21T14:08:17-05:00December 21, 2020|Cuba, Customs Expert, Election 2020, Export, Import, International Business, International Law, International Trade, U.S. Office of Foreign Assets Control (OFAC)|0 Comments

Goldman Sachs Pays $2.9 Billion in FCPA Settlement

Co-Authored by Sharath Patil

Largest FCPA Settlement to Date

The U.S. Securities and Exchange Commission (“SEC”) and the U.S. Department of Justice (“DOJ”) announced in October that Goldman Sachs Group, Inc. (“Goldman Sachs”) agreed to pay $2.9 billion as part of a settlement agreement. The settlement was a result of the agencies’ enforcement action after they learned that Goldman Sachs had allegedly paid $1.6 billion in bribes to officials in Malaysia and the United Arab Emirates (“UAE”) to secure its position as the underwriter of $6.5 billion in three bond deals with 1Malaysia Development Berhad. The settlement constitutes the largest Foreign Corrupt Practices Act (“FCPA”) settlement ever recorded.

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