Supply Chain Archives | Customs & International Trade Law Blog

Summary of CBP’s March 2023 Forced Labor Technical Expo

Summary of CBP’s March 2023 Forced Labor Technical Expo

CBP held a Forced Labor Technical Expo from March 14-15, comprised of experts and service providers highlighting tools to utilize for supply chain transparency to comply with The Uyghur Forced Labor Prevention Act (UFLPA) and the general “reasonable care” obligations of U.S. importers. UFLPA was signed into law December 31, 2021, and seeks to prohibit imports of certain goods from China’s Xinjiang Uyghur Autonomous Region, where it has been reported that the Chinese government is using forced labor of Uyghur Muslims and other ethnic and religious minorities in detention camps and factories. For more information about the UFLPA, please see our previous blog articles here and here.

CBP Data Dashboard

CBP launched a UFLPA data dashboard where the trade community can now monitor forced labor enforcement by origin, commodity, CBP Center of Excellence and Expertise, and more. See the screenshot of the new dashboard below and note that the countries of export most targeted are NOT China, contrary to popular belief. This is partly due to the fact that most UFLPA enforcement to date has been on solar panels, which may include Chinese-origin raw materials but are generally further manufactured outside of China. Notably, CBP is actively tracking many different types of products across many different industries with raw materials that originate in China and that are further manufactured in other countries for forced labor enforcement. […]

By Jennifer Diaz|2023-03-29T12:06:53-04:00March 29, 2023|China, Forced Labor, International Trade, Reasonable Care, Supply Chain, U.S. Customs and Border Protection (CBP)|Comments Off

Customs and Trade Weekly Snapshot

Here is a recap of the latest customs and international trade law news:

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By Jennifer Diaz|2022-09-09T15:59:48-04:00September 9, 2022|301 INVESTIGATIONS, China, China Trade War, EAR, Export, Import, International Trade, IPR, Trademarks and Logos, IRAN, Pre-compliance, Reasonable Care, Snapshot, Supply Chain, Trade Policy, U.S. Bureau of Industry and Security (BIS), U.S. Customs and Border Protection (CBP), U.S. Office of Foreign Assets Control (OFAC), U.S. Trade Representative (USTR)|Comments Off

Complying with Russia-Related Sanctions?

As the U.S. government and the governments of many other countries continue to sanction Russia and Belarus for the Russian invasion into Ukraine, companies around the world are grappling with the consequences that comes with the escalating economic restrictions placed on conducting business in the region. Here at Diaz Trade Law we are working to keep you up to date on all relevant sanction activity and what it could mean for you and your business.

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By Jennifer Diaz|2022-03-07T18:03:26-05:00March 7, 2022|Countries, Export, International Business, International Law, International Trade, Supply Chain, U.S. Customs and Border Protection (CBP), U.S. Office of Foreign Assets Control (OFAC)|Comments Off

Customs and Trade Law Weekly Snapshot

Here is a recap of the latest customs and international trade law news:

BIS

On January 14, 2022, the Bureau of Industry and Security (BIS) issued a notice of information collection regarding a Defense Production Act requirement for U.S. firms to furnish information to the agency regarding offset agreements exceeding $5,000,000 in value associated with sales of weapon systems or defense related items to foreign countries or foreign firms. BIS is soliciting public comments to help evaluate if the proposed information collection is necessary for the proper functions of the Commerce Department, evaluate the accuracy of their estimate of time and cost burden, evaluate ways to enhance the quality, utility, and clarity of the information to be collected, and to minimize the reporting burden.
- Comments are due no later than March 15, 2022.

CBP

On January 18, 2022, CBP issued the largest agriculture seizures of 2021 with the top three seizures being 12,000+ pounds of marijuana, 750 unfertilized avian eggs, and 15 live giant land snails.
On January 18, 2022, Customs and Border Protection issued Harmonized System Update (HSU) 2119 resolving issues related to the comingled data and/or missing information in previous HSUs.
On January 22, 2022, CBP will deploy Phase 1 of the modernization of the ACE Secure Data Portal. These enhancements will include a new login screen, a new home page, and upgraded account information display and edit features.

DOT

On January 13, 2022, the Federal Motor Carrier Safety Administration […]

By Jennifer Diaz|2022-07-01T11:14:51-04:00January 21, 2022|HTS, Import, International Trade, Snapshot, Supply Chain, U.S. Bureau of Industry and Security (BIS), U.S. Customs and Border Protection (CBP), U.S. Department of Agriculture (USDA), U.S. Office of Foreign Assets Control (OFAC), U.S. Trade Representative (USTR)|Comments Off

Customs and Trade Law Snapshot

Here is a recap of the latest customs and international trade law news:

The Bureau of Industry and Security (BIS)

BIS published a report summarizing the findings of a Department of Commerce investigation into the effect of imports of titanium sponge on the national security of the United States.
BIS is seeking public comments concerning the imposition of export controls on certain Brain-Computer Interface (BCI) emerging technology, particularly with respect to its impact on U.S. national security
- Comments due by December 10, 2021.
- Contact us at info@diaztradelaw.com for help submitting your comment.
BIS published this final rule to amend the Export Administration Regulations (EAR) to update the AG Common Control List for dual-use biological equipment.
- This rule is effective October 5, 2021.

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By Jennifer Diaz|2021-11-04T16:14:39-04:00November 5, 2021|301 INVESTIGATIONS, Best Practices, China, China Trade War, EAR, Export, Forced Labor, Import, International Law, International Trade, Special 301, Supply Chain, U.S. Bureau of Industry and Security (BIS), U.S. Customs and Border Protection (CBP), U.S. Department of Labor (DOL), U.S. Trade Representative (USTR), Uncategorized, Vietnam|Comments Off

Trading in Wildlife? You May Need a License

The Convention on International Trade in Endangered Species of Wild Fauna and Flora (“CITES”) is an international agreement that strives to ensure that international trade in wild animals and plants does not threaten the survival of those species. CITES was adopted by 80 countries in 1973. The text of the agreement provides for various measures to prevent the illicit trade in goods made of endangered species. Specifically, CITES imposes controls on all import, export, re-export, and introduction from the sea, of species covered by the agreement, to be authorized through a licensing system. The species that fall within the scope of CITES are listed and maintained in three appendices based on the degree of protection required.

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By Jennifer Diaz|2021-10-26T12:23:00-04:00October 26, 2021|Import, International Trade, Penalty, Pre-compliance, Reasonable Care, Supply Chain, U.S. Fish and Wildlife Service (FWS)|Comments Off

Customs Issues Notice of Proposed Rulemaking on Broker Continuing Education – Comments Open

CBP’s Proposed Rule

On September 10, 2021, U.S. Customs and Border Protection (“CBP”) published a Notice of Proposed Rulemaking regarding broker continuing education. In the proposed rule, CBP is proposing mandatory continuing education requirements for individual licensed brokers. CBP underscores the benefits of mandatory continuing education for customs brokers in its proposed rule:

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By Jennifer Diaz|2021-10-13T15:25:44-04:00October 12, 2021|ACE, Best Practices, Customs Broker, Import, International Trade, Pre-compliance, Supply Chain, U.S. Customs and Border Protection (CBP)|Comments Off

Customs Valuation 101

What is Valuation and Why Does it Matter? Customs Valuation is a procedure to determine the customs value of imported goods. The customs value is essential to calculate the total duty to be paid on an imported good. Because there was a need for the international community to have a standardized system for valuing imports, many nations became signatories to a World Trade Organization (“WTO”) agreement that established valuation norms known as the Tokyo Round Valuation Code (later amended into the WTO Agreement on Implementation of Article VII of the GATT 1994).

The United States was a signatory to these treaties and currently maintains and enforces a rigorous valuation system. The U.S. Customs valuation methodology (as well as a summary of relevant Customs rulings) are described in detail in the Valuation Encyclopedia. A common customs valuation standard is important because it ensures that:

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By Jennifer Diaz|2021-10-07T14:38:05-04:00August 17, 2021|Enforcement, Import, International Trade, Penalty, Pre-compliance, Reasonable Care, Supply Chain, U.S. Customs and Border Protection (CBP)|Comments Off

Understanding the Computer Export License Exception (APP)

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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