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LIST 3 Exclusion Updates

posted by Jennifer Diaz October 26, 2020 0 comments

On June 24, 2019, the Office of the United States Trade Representative (USTR) provided the public with an exclusion process for items included subjected to Section 301 Tariffs. Specifically, the exclusions related to products included on List 3, which went into effect on September 24, 2018.

Originally, List 3 imposed 10 percent ad valorem duties on 5,757 full and partial subheadings of the Harmonized Tariff Schedule of the United States (HTSUS) and had an annual trade value of $200 Billion. Months later, in May 2019, the 10 percent ad valorem duties were increased to 25 percent. Continue Reading

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

posted by Jennifer Diaz September 15, 2020 1 Comment

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. Continue Reading

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Exclusion Extensions Granted for List 4A

posted by Jennifer Diaz September 2, 2020 0 comments

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.

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U.S. Ends Differential Treatment for Hong Kong

posted by Jennifer Diaz August 19, 2020 1 Comment

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.

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

posted by Jennifer Diaz May 27, 2020 0 comments

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.

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FREE Webinar Series on Intellectual Property Rights

posted by Jennifer Diaz January 17, 2020 4 Comments

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??

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Best Practices CBP Counterfeits Enforcement Export FDA Issues Import International Business International Law International Trade IPR, Trademarks and Logos Penalty Reasonable Care Seizures Supply Chain Trade War U.S.Customs

USDA & CBP Combat Non-Compliant WPM

posted by Jennifer Diaz January 9, 2020 0 comments

Diaz Trade Law’s President, Jennifer Diaz and Associate Attorney, Denise Calle are enthusiastic to announce that our article “USDA & CBP Combat Non-Compliant WPM “ was published by Bloomberg Law! Below is the article reproduced with permission for your reading pleasure. We’d love to hear your feedback! Continue Reading

Best Practices C-TPAT CBP China China Trade War Counterfeits Currency Seizure Customs Expert Department of Homeland Security Enforcement Export FDA Issues Import Import Alert International Business International Law International Trade IPR, Trademarks and Logos Penalty Reasonable Care Seizures Supply Chain Trade War U.S.Customs Uncategorized

Catch Up on DTL’s Top Blogs From 2019!

posted by Jennifer Diaz December 27, 2019 0 comments

blog

We want to make sure you stay up to date with the hottest trade blogs from 2019. Below is a summary of what you missed by category. Enjoy!

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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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BREAKING NEWS: China Trade War Update – List 4A Reduced to 7.5% and List 4B will NOT become effective on 12/15

posted by Jennifer Diaz December 13, 2019 5 Comments

We have been monitoring for a news update on whether U.S. & CHINA reached a “PHASE ONE DEAL” since we last wrote about it on October 11, 2019. Two months later, the USTR published a press release confirming that the United States and China have reached an historic and enforceable agreement on a Phase One trade deal and President Trump tweeted the announcement noting that this “is an amazing deal for all”. TP Tweet

What does the “Phase One Deal” Include?

The deal requires structural reforms and other changes to China’s economic and trade regime in the areas of intellectual property, technology transfer, agriculture, financial services, and currency and foreign exchange.
The Phase One agreement also includes a commitment by China that it will make substantial additional purchases of U.S. goods and services in the coming years.
Importantly, the agreement establishes a strong dispute resolution system that ensures prompt and effective implementation and enforcement.
The United States has agreed to modify its Section 301 tariff actions in a significant way.

What is the Impact on Section 301 Tariffs?

Lists 1, 2, 3 will continue to be subject to 25% tariffs
- Approximately $250 billion of Chinese imports
List 4A has been reduced to 7.5% from 15%
- Approximately $120 billion of Chinese imports
- The effective date for the reduced tariff has NOT been announced.
List 4B will not become effective on December 15.

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