Here is a recap of the latest customs and international trade law news:
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. […]
On June 17, 2022, DHS published its long-awaited strategy guidance document which shed light on how UFLPA will be implemented, and what evidence may be provided to rebut the presumption that the goods were made with forced labor. This article provides an overview of the type of evidence importers should have readily available when importing goods into the United States. For general guidance on preventing the importation of goods produced with forced labor and how importers should audit their supply chain to ensure non-use of forced labor, please refer to our Bloomberg Law article, “U.S. Customs Targets Use of Forced Labor”.
The Uyghur Forced Labor Prevention Act (UFLPA) establishes a rebuttable presumption that goods mined, produced, or manufactured wholly or in part in the Xinjiang Province of China or by an entity on the UFLPA Entity List are prohibited from importation into the United States under 19 U.S.C. § 1307. However, if an Importer of Record can demonstrate by clear and convincing evidence that the goods in question were not produced wholly or in part by forced labor, fully respond to all CBP requests for information about goods under CBP review and demonstrate that it has fully complied with the guidance outlined in this strategy, the Commissioner of CBP may grant an exception to the presumption.
Clear and convincing evidence is a higher standard of proof than a preponderance of the evidence, and generally means that a claim or contention […]
Diaz Trade Law’s President, Jennifer Diaz is enthusiastic to announce International Trade Today featured her perspective in their recent article, “CBP Policy Change Makes Extensions for Prior Disclosures More Difficult, Lawyer Says“! Below is the article reproduced for your reading pleasure. You can read the article here (where you’ll have the ability to access the link to the CBP guidance).
A previous article written by Jen and Sharath focuses on how to successfully submit a prior disclosure (PD) to Customs and Border Protection, along with details known of CBP’s new timing requirements, which had not been circulated publicly (prior to our FOIA request). We truly feel CBP’s new deadlines place a burden on importers that must be considered PRIOR to filing a PD. If you are considering filing a Prior Disclosure – PLEASE communicate with counsel first.
Please note you cannot click on the hyperlink below. We’d love to hear your feedback!
Uyghur Forced Labor Prevention Act (UFLPA) and What You Need to Know?
On June 16, 2022, CBP held a webinar on the Uyghur Forced Labor Prevention Act (UFLPA). The UFLPA goes into effect June 21, 2022 so it is critical that importers are proactive about forced labor compliance in preparation for this implementation. During the webinar CBP discussed their recently published operational guidance for importers. This blog article provides an overview of CBP’s current enforcement environment and how UFLPA will change CBP’s enforcement procedures for imports generally, and specifically from the Xinjiang region. For general guidance on preventing the importation of goods produced with forced labor and how importers should audit their supply chain to ensure non-use of forced labor, please refer to our Bloomberg Law article, “U.S. Customs Targets Use of Forced Labor”.
Under Section 307 of the Tariff Act of 1930 (19 U.S.C. 1307), CBP derives the authority for preventing the entry into the U.S. market of products made with forced labor by investigating and acting upon allegations of forced labor in supply chains. CBP issues Withhold Release Orders (WROs) and findings to prevent merchandise produced in whole or in part in a foreign country using forced labor from being imported into the United States. CBP defines Forced labor as all work or service which is extracted from any person under the menace of any penalty for its nonperformance and for which the worker does not […]
Diaz Trade Law’s President, Jennifer Diaz, and Associate Attorney, Sharath Patil, are enthusiastic to announce that our article, “New CBP Prior Disclosure Requirements” was published by the Customs and International Trade Bar Association (CITBA) in its Spring 2022 newsletter.
Our article focuses on how to successfully submit a prior disclosure (PD) to Customs and Border Protection, along with details known of CBP’s new timing requirements, which have not been circulated publicly. CBP’s new deadlines place a burden on importers that must be considered PRIOR to filing a PD.
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 your feedback!
Below is the article for your reading pleasure.
Puerto Rico, a U.S. territory, although uniquely situated as a part of the customs territory of the United States it simultaneously operates its own internal tax system for importations into Puerto Rico. This means importations of goods into Puerto Rico must meet all import requirements that any importation into the United States must meet. For example, importations are subject to duties, taxes, and fees imposed by CBP, and importations must meet the health, safety, and sanitary and phytosanitary requirements of a wide range of federal agencies such as the U.S. Department of Agriculture, the U.S. Consumer Products Safety Commission, the U.S. Food & Drug Administration, etc.
Meanwhile, importations into Puerto Rico are additionally subject to the territory’s own entry tax administered by the Departmento de Hacienda (“Hacienda”), a Puerto Rican governmental agency that serves the function of a territory treasury department. Puerto Rico’s unique entry tax is a component of a two-pronged tax system for goods, known as the Impuesto sobre Ventas y Uso (“IVU”) (in English, “Sales and Use Tax”). As the name suggests, the IVU is comprised of (1) sales tax, and (2) a use tax.
The sales tax functions similar to sales taxes elsewhere in the United States. In Puerto Rico, the Hacienda requires that sales taxes on goods and services be collected by goods and services providers and paid to the Hacienda on a monthly basis. On the other hand, the use tax is the amount that a party must pay when introducing an item to […]
Here is a recap of the latest customs and international trade law news:
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.