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BIS Expands Export Restrictions Targeting China’s Largest Chipmaker

posted by Jennifer Diaz October 27, 2020 1 Comment

Co-Authored by Sharath Patil

Last week, the U.S. Department of Commerce’s Bureau of Industry & Security (“BIS”) informed some U.S. semiconductor manufacturers via a confidential letter that they would require export licenses before exporting certain products to China’s largest semiconductor manufacturer, Semiconductor Manufacturing International Corporation (“SMIC”). Although the letter is not available for public view, a September 28, 2020 Wall Street Journal article that broke the story said that the Commerce Department was concerned about high risks of diversion to a military end use. This additional export license requirement is part of a broader pattern of increased export restrictions, particularly to China.

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A Year in Review!

posted by Jennifer Diaz December 20, 2019 0 comments

2019

DTL saved clients MILLIONS of dollars in 2019. It is with great joy that we finish off 2019 celebrating our fourth anniversary! We would like to thank each of you for being an integral part of making DTL a success.

This year has been filled with numerous achievements and accomplishments. We are grateful for the clients who have entrusted their trade and customs issues to us, and we look forward to assisting you in 2020!

Below we share some of our 2019 success stories with you.

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Here are the Major Changes FDA is Proposing to Make to the Sunscreen Rule!

posted by Jennifer Diaz September 10, 2019 0 comments

dt_190222_sunscreen_800x450On February 26 2019, the United States Food and Drug Administration (FDA) proposed a rule that would alter the regulations associated with the manufacturing and selling of sunscreen, as well as other sun-care related products. Since the closing of the comment period on May 28th, 2019, FDA has received over one thousand comments from industry players voicing their concern over various aspects of the proposed measures.

The proposed rule was issued as part of the regulatory proceeding to put into effect a final monograph for nonprescription, OTC sunscreen drug products under the OTC Drug Review. An OTC monograph establishes conditions under which certain OTC drugs may be marketed without approved new drug applications because they are generally recognized as safe and effective (GRASE) and not misbranded. The proposed rule classifies active ingredients and other conditions as:

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Ignorance is No Defense! Learn What CBP Considers Prohibited/Restricted

posted by Jennifer Diaz July 3, 2019 0 comments

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United States Customs and Border Protection (CBP), one of the principal agencies under the leadership of DHS, has released an updated list detailing items prohibited from entry into the US. These goods fall under a variety of classifications, including “dangerous toys, cars that don’t protect their occupants in a crash, bush meat, or illegal substances like absinthe and Rohypnol”.

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List 3 Exclusion Requests to Open June 30 via Online Portal

posted by Jennifer Diaz June 25, 2019 0 comments

Screen Shot 2019-06-25 at 11.05.04 AM

On May 9, 2019, the office of the United States Trade Representative (USTR) published a Federal Register Notice announcing that an exclusion process will become available for goods on List 3. The Proposed Section 301 Modification is set to increase the current tariffs on goods listed in the Annex from a 10 percent ad valorem to a 25 percent ad valorem.

On Monday, June 24, 2019, USTR released a Notice detailing the exclusion process. As discussed in our previous blog, USTR confirmed that the process will open up via an online portal on June 30, 2019. Exclusions may be posted between noon on June 30 until September 30, 2019.

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UPDATE: Non-Commercial Airplanes and Cruise Ships on Temporary Sojourn are Now Prohibited To Travel To Cuba.

posted by Jennifer Diaz June 4, 2019 0 comments

cuba - prohibtFollowing President Obama’s historical break in precedent, easing restrictions on Cuba in 2016, President Trump now seeks to deprive the Communist regime of revenue from American citizens.

President Trump, not wanting the US to be complicit in the oppression and subjugation of Cubans, has decided to roll back the newly established relationship and directed the Bureau of Industry and Security (BIS) to draft a final rule limiting the types of aircraft that are authorized to fly to Cuba and the types of vessels that are authorized to sail to Cuba on temporary sojourn. This change is likely to be a result of the exponential growth of the island’s economy, coupled with the lack of improvement in overall quality of life for its citizens.

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NEWS ALERT – USTR’s newly Announced List 3 Exclusion process and List 4 Comment and Hearing Process

posted by Jennifer Diaz May 28, 2019 2 Comments

thumbnail_image001USTR published a Federal Notice on May 21, laying out the exclusion process for list 3. USTR anticipates that the exclusion period will open up on or around June 30th. USTR estimates that over 60,000 US Stakeholders will request an exclusion for a particular product. On May 13, USTR proposed a 4th list, which slaps a 25% tariff on roughly 300 billion worth of goods. From food products to furniture, the proposed list would include “essentially all products not currently covered” under previously imposed lists including literally thousands of irrelevant goods.

If your product appears on any Section 301 tariff list there are three avenues to potentially get it removed. You may submit a comment, attend public hearings, or obtain an exclusion. Below is a big picture of the past and future opportunities get products off tariff lists:

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UPDATE: USTR Increases Section 301 Tariffs to 25% Duty for Products on List 3

posted by Jennifer Diaz May 6, 2019 2 Comments

China Tariffs Since September 17, 2018, the trade industry has been bracing themselves for the increase of China tariffs from 10% to 25%. The trade community has enjoyed a few months of postponements – January 1st, 2019 to March 1st, 2019. The postponements led many to believe the increase was unlikely, until May 6, when the President emphatically stated that “the 10% will go up to 25% on Friday [May 10, 2019].” via twitter. Only three days later and USTR has officially announced the anticipated 25% increase is effective on 12:01 am, May 10, 2019.

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Update – Deadline Approaching – A Snapshot of Section 301 Duties & Your Options!

posted by Jennifer Diaz December 11, 2018 8 Comments

trade lawThe trade war has kept members in the trade industry on their toes – here is a recap.

Effective Dates:

For importers being hit by additional duties, it is crucial to know when the additional duties are effective and must be paid. USTR has issued three lists under 301 Section Trade Remedies. We urge importers to get to know which list their products are subject to, and develop an action plan. Continue Reading

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USMCA Replaces NAFTA

posted by Jennifer Diaz November 8, 2018 0 comments

USMCAAfter thirteen months of negotiations, the U.S., Mexico, and Canada have created a new trade agreement called the “United States-Mexico-Canada Agreement” (USMCA) on October 1, 2018.

What is the USMCA?

The USMCA is the new trade agreement that builds on and modifies the trade policies created in the North American Free Trade Agreement (NAFTA), which was signed in 1994. The purpose of the USMCA is to align the trade agreement with the current trade environment. Various industries may experience changes due to the USMCA, which could eventually affect individual consumers. Continue Reading