301 INVESTIGATIONS Archives | Customs & International Trade Law Blog

Customs Bulletin Weekly, Vol. 56, November 2, 2022, No. 43

Below is a recap for this week’s Custom’s Bulletin.

Elimination of Customs Broker District Permit Fee
- Section 641 of the Tariff Act of 1930, as amended (19 U.S.C. 1641), provides that individuals and business entities must hold a valid customs broker’s license and permit to transact customs business on behalf of others. The statute also sets forth standards for the issuance of broker licenses and permits; provides for disciplinary action against brokers in the form of suspension or revocation of such licenses and permits or assessment of monetary penalties; and, provides for the assessment of monetary penalties against other persons for conducting customs business without the required broker’s license.
- On June 5, 2020, U.S. Customs and Border Protection (CBP) published a notice of proposed rulemaking (NPRM) in the Federal Register (85 FR 34549), proposing the elimination of customs broker district permit fees in parts 24 and 111.
- Consistent with the June 5, 2020, notice, CBP is publishing a final rule to, among other things, eliminate customs broker districts (see ‘‘Modernization of the Customs Broker Regulations’’ RIN 1651–AB16). Specifically, CBP is transitioning all brokers to national permits and expanding the scope of the national permit authority to allow national permit holders to conduct any type of customs business throughout the customs territory of the United States. As a result of the elimination of customs broker districts, CBP is amending in this document the regulations to eliminate customs broker district permit fees.
Modernization of the Customs Broker Regulations
- This document adopts […]

By Jennifer Diaz|2022-11-03T10:21:31-04:00November 7, 2022|301 INVESTIGATIONS, AD/CVD, China Trade War, Customs Broker, Import, International Law, International Trade, U.S. Court of International Trade, U.S. Customs and Border Protection (CBP), U.S. Department of Commerce (DOC)|Comments Off

Customs and Trade Law Weekly Snapshot

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

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By Jennifer Diaz|2022-12-25T23:20:09-05:00October 21, 2022|301 INVESTIGATIONS, International Business, International Trade, People's Republic of China, Russia, U.S. Bureau of Industry and Security (BIS), U.S. Customs and Border Protection (CBP), U.S. Department of Commerce (DOC), U.S. Department of Justice (DOJ), U.S. Department of Labor (DOL), U.S. Federal Bureau of Investigation (FBI), U.S. International Trade Commission (USITC), U.S. Office of Foreign Assets Control (OFAC), U.S. Trade Representative (USTR)|Comments Off

Customs and Trade Weekly Snapshot

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

[…]

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

Uyghur Forced Labor Prevention Act (UFLPA): What You Need to Know

Uyghur Forced Labor Prevention Act (UFLPA) and What You Need to Know?

On June 16, 2022, CBP held a webinar on the Uyghur Forced Labor Prevention Act (UFLPA). The UFLPA goes into effect June 21, 2022 so it is critical that importers are proactive about forced labor compliance in preparation for this implementation. During the webinar CBP discussed their recently published operational guidance for importers. This blog article provides an overview of CBP’s current enforcement environment and how UFLPA will change CBP’s enforcement procedures for imports generally, and specifically from the Xinjiang region. For general guidance on preventing the importation of goods produced with forced labor and how importers should audit their supply chain to ensure non-use of forced labor, please refer to our Bloomberg Law article, “U.S. Customs Targets Use of Forced Labor”.

Background

Under Section 307 of the Tariff Act of 1930 (19 U.S.C. 1307), CBP derives the authority for preventing the entry into the U.S. market of products made with forced labor by investigating and acting upon allegations of forced labor in supply chains. CBP issues Withhold Release Orders (WROs) and findings to prevent merchandise produced in whole or in part in a foreign country using forced labor from being imported into the United States. CBP defines Forced labor as all work or service which is extracted from any person under the menace of any penalty for its nonperformance and for which the worker does not […]

By Jennifer Diaz|2022-06-17T18:05:17-04:00June 16, 2022|301 INVESTIGATIONS, Enforcement, Forced Labor, Import, International Trade, Pre-compliance, Reasonable Care, U.S. Customs and Border Protection (CBP), U.S. Trade Representative (USTR)|3 Comments

Customs and Trade Law Weekly Snapshot

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

[…]

By Jennifer Diaz|2022-07-01T10:53:23-04:00June 3, 2022|301 INVESTIGATIONS, China, Export, Import, International Law, International Trade, Snapshot, U.S. Customs and Border Protection (CBP), U.S. Food and Drug Administration (FDA), U.S. Trade Representative (USTR)|2 Comments

Customs and Trade Law Weekly Snapshot

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

[…]

By Jennifer Diaz|2022-07-01T11:08:46-04:00March 25, 2022|301 INVESTIGATIONS, Export, Import, International Trade, Snapshot, Special 301, U.S. Office of Foreign Assets Control (OFAC), U.S. Trade Representative (USTR), Uncategorized|Comments Off

Big News! 352 of 549 Proposed China Tariff Exclusions Reinstated

On March 23, 2022, the U.S. Trade Representative (“USTR”) announced that 352 of the 549 proposed exclusions have been reinstated. The reinstated product exclusions will apply as of October 12, 2021, and extend through December 31, 2022. For a full list of reinstated exclusions, please see this Federal Register announcement.

On October 8, 2021, USTR invited comments on whether to reinstate 549 previously granted and extended exclusions. This recent determination was a result of USTR’s review of public comments regarding whether and which of the proposed exclusions should be reinstated.

Diaz Trade Law filed comments on behalf of several clients who have had their exclusions reinstated. Are your products on the list of exclusions that were reinstated? Do you have questions about navigating Section 301 China tariffs? We are here for you! Diaz Trade Law has significant experience working on Section 301 exclusions. Contact us today at info@diaztradelaw.com.

A list of all the exclusions can be found below:

A. Effective with respect to good entered for consumption, or withdrawn from warehouse for
consumption, on or after 12:01 a.m. eastern daylight time on October 12, 2021, and before
11:59 p.m. eastern daylight time on December 31, 2022, subchapter III of chapter 99 of the
Harmonized Tariff Schedule of the United States (HTSUS) is modified:
1. by inserting the following new heading 9903.88.67 in numerical sequence, with the
material in the new heading inserted in the columns of the HTSUS labeled
“Heading/Subheading”, “Article Description”, and “Rates of Duty 1-General”,
respectively:
Heading/Subheading: 9903.88.67

Article Description: Effective with respect to entries on or after
October 12, […]

By Jennifer Diaz|2022-03-28T10:37:08-04:00March 23, 2022|301 INVESTIGATIONS, ACE, China, China Trade War, Import, Reasonable Care, Trade Policy, U.S. Customs and Border Protection (CBP), U.S. Trade Representative (USTR)|Comments Off

Catch Up on All DTL Blogs from 2021

We want to make sure you stay up to date with the hottest trade blogs from 2021. Below is a summary of what you missed by category. Enjoy! […]

By Jennifer Diaz|2022-04-25T16:57:22-04:00December 30, 2021|301 INVESTIGATIONS, AD/CVD, Best Practices, China, COVID-19, Export, Food, FSMA, Import, International Trade, Pre-compliance, Speaking, U.S. Bureau of Industry and Security (BIS), U.S. Customs and Border Protection (CBP), U.S. Department of Agriculture (USDA), U.S. Department of Commerce (DOC), U.S. Federal Trade Commission (FTC), U.S. Fish and Wildlife Service (FWS), U.S. Food and Drug Administration (FDA), U.S. International Trade Commission (USITC), U.S. Office of Foreign Assets Control (OFAC), U.S. Trade Representative (USTR), USMCA|Comments Off

Customs and Trade Law Weekly Snapshot

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

CBP

In Fiscal Year 2021, CBP at the LA/Long Beach Seaport seized More Than $760 Million in Counterfeit and Prohibited Products, a 652% increase over the previous year.
CBP issues guidance regarding the extension of product exclusions from additional Section 301 China duties on certain medical-care products to address COVID-19.
With changes to the HTSUS classification systems possibly coming as early as January 1, 2021, U.S. importers should review their classifications and ensure compliance with U.S. regulations

BIS

The Bureau of Industry and Security (BIS) requests public comment regarding areas and priorities for U.S. and EU export control cooperation under the Trade and Technology Council.
- Comments are due by January 14, 2022
On November 26, 2021, the Department of Commerce’s Bureau of Industry and Security (BIS) published a final rule adding 27 foreign entities and individuals to the Entity List for engaging in activities that are contrary to the national security or foreign policy interests of the United States.

China

In their most substantial talk since President Biden took office, Chinese President Xi Jinping has warned that encouraging Taiwanese independence would be “playing with fire”.
On November 12, 2020, the President declared a national emergency to deal with the extraordinary threat to the national security, foreign policy, and economy of the United States constituted by certain companies of the People’s Republic of China.
Airbnb subject to regulatory risk under […]

By Jennifer Diaz|2021-12-16T12:09:54-05:00December 17, 2021|301 INVESTIGATIONS, AD/CVD, Best Practices, China, EAR, Enforcement, Export, HTS, Import, International Law, International Trade, Investigation, ITAR, Penalty, Pre-compliance, Seizures, Snapshot, Special 301, Trade Policy, U.S. Bureau of Industry and Security (BIS), U.S. Customs and Border Protection (CBP), U.S. Department of Commerce (DOC), U.S. Food and Drug Administration (FDA), 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.