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International Trade

EAREEIExportInternational TradeITARU.S. Bureau of Industry and Security (BIS)U.S. Census BureauU.S. Customs and Border Protection (CBP)U.S. Department of Commerce (DOC)U.S. Office of Foreign Assets Control (OFAC)

Exporting 101 – Introduction to Export Controls

posted by Jennifer Diaz May 7, 2021 0 comments

On April 30, 2021, the Bureau of Industry and Security (“BIS”) announced that it had fined FLIR Systems, Inc. $307,922 for an egregious violation of the Export Administration Regulations (“EAR”) for misrepresentations made in commodity jurisdiction (“CJ”) requests. A BIS spokesperson said: “BIS will not tolerate exporters that provide inaccurate or incomplete representations related to export regulations and laws.”

This recent announcement is a textbook example of why it is important to obtain counsel and be  both proactive and truthful in regards to your export compliance. Whether you are new to exporting or looking to understand the foundations of export controls, including a discussion of recent penalty cases like FLIR’s (so they do not happen to you), or a seasoned professional looking to understand the latest developments, this one-hour webinar is a must attend. Register today to hear directly from the following expert duo:

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Best PracticesChina Trade WarCustoms ExpertEnforcementExportImportInternational BusinessInternational LawInternational TradeU.S. Customs and Border Protection (CBP)U.S. Trade Representative (USTR)

An Introduction to Safeguard Investigations

posted by Jennifer Diaz May 6, 2021 0 comments

What is Section 201 ?

Section 201 of the Trade Act of 1974 provides import relief measures (also known as Safeguards) for domestic industries. The measures provide temporary relief for U.S. industries when competitor imports increase so significantly that they cause serious injury or threat to the domestic industry. The Safeguard measures are temporary – they allow the U.S. President to raise import duties or impose nontariff barriers on goods entering the United States for a limited period so that domestic industry is given sufficient time to adjust to the competition.

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ExportInternational TradeU.S. Census Bureau

Submitting a Voluntary Self-Disclosure to Census

posted by Jennifer Diaz May 4, 2021 0 comments

Diaz Trade Law’s President, Jennifer Diaz,  and Associate Attorney, Sharath Patil, are enthusiastic to announce Bloomberg Law published another one of our articles, “Submitting a Voluntary Self-Disclosure to Census”! 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!

 

 

 

 

 

 

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ACEBest PracticesCounterfeitsCTPATCurrency SeizureCustoms BrokerCustoms ExpertEnforcementForced LaborFreight ForwardingHTSICEImportInternational BusinessInternational LawInternational TradeIPR, Trademarks and LogosLabelingLabor RightsPenaltyPre-complianceReasonable CareSeizuresSpeakingSupply ChainU.S. Customs and Border Protection (CBP)U.S. Department of Homeland Security (DHS)

REGISTER TODAY! NEI Accredited Webinar Importing 101 – Introduction to U.S. Customs

posted by Jennifer Diaz April 28, 2021 0 comments

Webinar Importing 101 Introduction to US CustomsCo-Authored by Denise Calle

Whether you are new to importing or seasoned, this one-hour webinar is a must attend. Register today to hear directly from this specialized, expert trio on the “Top 10 Tips When Importing to Ensure Compliance” with real case studies:

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AD/CVDChinaImportInternational TradeU.S. Department of Commerce (DOC)U.S. International Trade Commission (USITC)Vietnam

New Antidumping Petition Against Imports of Certain Honey Products

posted by Jennifer Diaz April 22, 2021 0 comments

Background on AD/CVD Investigations

Antidumping duty (“AD”) and countervailing duty (“CVD”) investigations are brought jointly by the U.S. International Trade Commission (“USITC”) and the U.S. Department of Commerce (“Commerce”). AD investigations are triggered when a domestic industry alleges that it has been injured by competing imports of particular goods from specific countries being sold at less than a fair value. Meanwhile, CVD investigations are triggered when a domestic industry alleges that it has been injured by competing imports that are being unfairly subsidized by their governments. The domestic industry initiating the investigation is known as the petitioner while the foreign industry participating in the investigation is known as the respondent.

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FoodFSMAImportImport AlertInternational TradePre-complianceReasonable CareSupply ChainU.S. Food and Drug Administration (FDA)

FDA Further Extends UFI Flexibility For Food Facility Registrations

posted by Jennifer Diaz April 22, 2021 0 comments

Background on Food Facility Registration

The Federal Food, Drug, and Cosmetic Act (“FD&C”) requires domestic and foreign facilities that manufacture, process, pack, or hold food for human or animal consumption in the United States to register with the U.S. Food and Drug Administration (“FDA”). Additionally, the FDA Food Safety Modernization Act (“FSMA”) amended the food facility registration requirements in the  FD&C to require domestic and foreign facilities to submit certain additional new information to the FDA and renew their registrations every other year during the period beginning on October 1 and ending on December 31 of each even-numbered year.

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Best PracticesChinaEARExportInternational TradeU.S. Bureau of Industry and Security (BIS)U.S. Department of Commerce (DOC)

Understanding Strategic Trade Authorization

posted by Jennifer Diaz April 20, 2021 0 comments

Co-Authored by Sharath Patil

Background on Export Administration Regulations

Over 95% of the world’s consumers are outside of the United States. Opportunities abound for U.S. companies that export. However, exporting is a privilege and not a right. U.S. exporters have an important responsibility to adhere to U.S. export control laws, including the Export Administration Regulations (“EAR”).

Administered by the U.S. Commerce Department, the EAR is a set of regulations which governs whether U.S. persons may export or transfer goods, software, and technology outside of the United States or to non-U.S. citizens. U.S. exporters have an important responsibility to adhere to the EAR. Violations of the EAR carry hefty civil and criminal penalties. Exporters can pay hundreds of thousands of dollars in penalties, lose export privileges, and even be imprisoned.

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AD/CVDBest PracticesChinaEnforcementImportInternational TradePre-complianceReasonable CareU.S. Customs and Border Protection (CBP)

Anti-Circumvention, EAPA, Dumping Duties & the Spreadability of Cases

posted by Jennifer Diaz April 19, 2021 0 comments

This one-hour webinar will provide an overview of AD/CVD, U.S. Customs and Border Protection’s enforcement actions and investigative process, as well as a review of EAPA regulations and provide insights on best practices to protect your company in this contentious area of U.S. Customs and Border Protection enforcement.

Background on EAPA

The Enforce and Protect Act of 2015 (EAPA) allows U.S. Customs and Border Protection (“CBP”) to investigate whether a company has evaded anti-dumping and countervailing (AD/CVD) duties in an on-the-record investigation. EAPA enforcement has increased considerably in recent years. In fact, in Fiscal Year 2020, CBP collected $287 million in duties via EAPA enforcement – this is a 500 percent increase since the beginning of the EAPA program in FY 2017.

On April 21, 2021 at 12:00 PM, Jennifer Diaz and David Craven will present a webinar on Anti-Circumvention/EAPA/Dumping Duties & the Spreadability of Cases.

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ExportInternational TradeIRANU.S. Office of Foreign Assets Control (OFAC)

The CAPTA List – An Introduction

posted by Jennifer Diaz April 15, 2021 0 comments

Co-Authored by Sharath Patil

What’s the CAPTA List?

The Correspondent Account or Payable-Through Account Sanctions List (“CAPTA” List”) is a list maintained by the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”). The CAPTA List identifies foreign financial institutions that are prohibited or in some way restricted from maintaining a correspondent account or a payable-through account in the United States.

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301 Exclusion Extensions for COVID-19 Related Products

posted by Jennifer Diaz April 13, 2021 0 comments

On March 10, 2021, via Federal Register Notice ( 86 FR 13785), the United States Trade Representative (USTR) announced that 99 medical product exclusions will be extended from March 31, 2021, to September 30, 2021. This action extends a previous USTR action which extended these exclusions from December 31, 2020, to March 31, 2020 (85 FR 85831). Continue Reading