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Expanded Export Control Obligations when Exporting to China

posted by Jennifer Diaz August 24, 2020 0 comments

Co-Authored by Sharath Patil, a trade policy researcher in Washington, DC, with a background in global logistics, international trade, and commercial diplomacy. Patil is an active member of the District of Columbia bar, and is a graduate of the University of Oregon School of Law.

Introduction

U.S. export controls refer to a set of federal laws which restrict the export of certain sensitive goods, technologies, information and services. Export controls are primarily enforced through two U.S. government agencies: the U.S. Department of Commerce (for Export Administration Regulations (“EAR”)) and the U.S. Department of State (for International Traffic in Arms Regulations (“ITAR”)). In recent months, U.S. export control laws have expanded exporters’ obligations when exporting critical technologies to China, as well as other sensitive export destinations such as Russia and Venezuela. In particular, U.S. laws on exporting critical goods to Hong Kong have changed; there is a greater requirement to exercise due diligence when exporting; the entity list has expanded; and filing requirements have changed. It is important for U.S. exporters to keep abreast of changes to export control laws in order to remain compliant and avoid serious penalties. We will explain each of these developments, in turn.

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ACEBest PracticesCBPChinaChina Trade WarCustoms ExpertEnforcementExportImportInternational BusinessInternational LawInternational TradeTrade WarU.S.CustomsUncategorized

Fifth Round of 301 Product Exclusions Involving List 4A – $300B

posted by Jennifer Diaz June 29, 2020 0 comments

On June 23, 2020, U.S. Customs and Border Protection (CBP) issued Cargo Systems Messaging Service (CSMS) #43134617 as guidance on the fifth round of product exclusions for List 4A of the Section 301 trade remedies. These exclusions were announced in Federal Register Notice (FRN) 85 FR 35975.

According to the CSMS, duty exclusions granted by the USTR under this exclusion are retroactive for imports on or after the initial effective date of September 1, 2019.  To request a refund of Section 301 duties paid on previous imports of products granted duty exclusions by the USTR, importers may file a Post Summary Correction (PSC) if within the PSC filing time frame. If the entry is beyond the PSC filing time frame, importers may protest the liquidation if within the protest filing time frame. These exclusions will be available through September 1, 2020 under 9903.88.49.

The following chart details exclusions per Tranche as well as provides the secondary HTSUS that should be used by importers when filing entry with CBP. The secondary HTSUS signals to CBP the merchandise is excluded from the applicable Tranche.   

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Best PracticesCBPChinaChina Trade WarCustoms ExpertEnforcementImportInternational BusinessInternational LawInternational TradeTrade WarU.S.CustomsUncategorized

USTR Seeks Comments on China Section 301 Product Exclusion Extensions & Enforcement of U.S. WTO Rights in Large Civil Aircraft Dispute

posted by Jennifer Diaz June 29, 2020 0 comments

The USTR has been active over the last couple of months in granting exclusions and extending certain exclusions that were scheduled to expire. USTR continues to seek comments from industry to determine its next steps. This blog is a snap-shot of the USTR’s comment and exclusion request docket. Currently USTR is seeking comments on the Enforcement of U.S. WTO Rights in Large Civil Aircraft Dispute and China Section 301 Product Exclusion Extensions. Here is the breakdown:

ENFORCEMENT OF U.S. WTO RIGHTS IN LARGE CIVIL AIRCRAFT DISPUTE

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Best PracticesCustoms ExpertEnforcementExportImportInternational BusinessInternational LawInternational TradeNAFTAUncategorizedUSMCA

USMCA Import Considerations for Practitioners

posted by Jennifer Diaz June 26, 2020 0 comments

Diaz Trade Law’s President, Jennifer Diaz and Associate Attorney, Denise Calle are enthusiastic to announce that another one of their articles, “USMCA Import Considerations for Practitioners,” was published by Bloomberg Law! Below is the article reproduced with permission for your reading pleasure. We’d love to hear your feedback!

You can read the article here, by clicking USMCA Import Considerations for Practitioners (where you’ll have the ability to access all of the great hyperlinks) you cannot click on below.

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Best PracticesC-TPATCOVID-19CTPATCustoms ExpertEnforcementExportFDA IssuesImportInternational BusinessInternational LawInternational TradeU.S.CustomsUncategorized

DTL Tuned-In to the 2020 World Trade Center Miami’s International Trade Week – Check out our Recap:

posted by Jennifer Diaz May 27, 2020 0 comments

111During the weeklong series of 10 informative webinars on trade regulations, we heard TOP TIPs from numerous federal agencies, including U.S. Customs & Border Protection (CBP), U.S. Food and Drug Administration (FDA)’s Division of Southeast Imports, Miami’s CBP Fines, Penalties & Forfeitures (FP&F) Office, Miami CTPAT Field Office and more! Each webinar was produced to assist importers and exporters understand compliance and hot issues. Below are summaries of two webinars – FDA Import Operations Associated with COVID-19 Efforts and CTPAT – State of the Program / Minimum Security Criteria Updates:
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ChinaCOVID-19FRNUncategorizedUSTR

Section 301 Tariff Updates: USTR Grants Exclusions & Seeks Comments on Products Necessary to Combat COVID-19!

posted by Jennifer Diaz April 17, 2020 0 comments

The Office of the United States Trade Representative (USTR), faced with the current COVID-19 pandemic, has moved quickly to grant numerous exclusion requests in March 2020; many of which are for medical supplies. USTR is also seeking comments from industry on whether products are necessary to combat COVID-19 spread and should be excluded from the additional duties. DTL has assisted clients in submitting comments to the USTR – this is the time to let your voice be heard.

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CTPAT VALIDATION AND MINIMUM SECURITY CRITERIA & CTPAT MINIMUM SECURITY CRITERIA CHANGES

posted by Jennifer Diaz April 2, 2020 1 Comment

Diaz Trade Law’s President, Jennifer Diaz and Associate Attorney, Denise Calle are enthusiastic to announce that our article “CTPAT Validation and Minimum Security Criteria” and CTPAT Checklist “CTPAT Validation and Minimum Security Changes” were published by Bloomberg Law! Below is the article reproduced with permission for your reading pleasure. We’d love to hear your feedback!

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Customs ExpertUncategorized

Join DTL and Walk for the Animals!

posted by Jennifer Diaz January 23, 2020 0 comments

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It’s that time of the year again! The Humane Society of Greater Miami is hosting a fantastic event, the Walk for the Animals, on February 29, 2020 at the Maurice A. Ferre Park (Bayfront Park in Downtown Miami). The Walk is a one mile stroll around beautiful Bicentennial Park to benefit the Humane Society.

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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 PracticesC-TPATCBPChinaChina Trade WarCounterfeitsCurrency SeizureCustoms ExpertDepartment of Homeland SecurityEnforcementExportFDA IssuesImportImport AlertInternational BusinessInternational LawInternational TradeIPR, Trademarks and LogosPenaltyReasonable CareSeizuresSupply ChainTrade WarU.S.CustomsUncategorized

Catch Up on DTL’s Top Blogs From 2019!

posted by Jennifer Diaz December 27, 2019 0 comments

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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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