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Best Practices

Best PracticesChina Trade WarCustoms ExpertEnforcementExportImportInternational BusinessInternational LawInternational TradeU.S. Customs and Border Protection (CBP)U.S. Trade Representative (USTR)

An Introduction to Safeguard Investigations

posted by Jennifer Diaz May 6, 2021 0 comments

What is Section 201 ?

Section 201 of the Trade Act of 1974 provides import relief measures (also known as Safeguards) for domestic industries. The measures provide temporary relief for U.S. industries when competitor imports increase so significantly that they cause serious injury or threat to the domestic industry. The Safeguard measures are temporary – they allow the U.S. President to raise import duties or impose nontariff barriers on goods entering the United States for a limited period so that domestic industry is given sufficient time to adjust to the competition.

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Best PracticesCustoms ExpertEnforcementExportInternational BusinessInternational LawInternational TradePre-complianceU.S. Food and Drug Administration (FDA)

OTC Drug Manufacturers are Required to Pay FDA Facility User Fees by May 10, 2021

posted by Jennifer Diaz April 8, 2021 0 comments

Co-Authored by Denise Calle.

On March 26, 2021, Food and Drug Administration (FDA) published the Federal Register Notice, “Fee Rates Under the Over-the-Counter Monograph Drug User Fee Program for Fiscal Year 2021,” announcing the OTC Monograph Drug user fee program fee rates for FY 2021. This is the first year FDA has expanded user fees to OTC Drug Manufacturers and submitters of OTC monograph order requests.

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Best PracticesEnforcementExportInternational TradeU.S. Office of Foreign Assets Control (OFAC)

Submitting a Voluntary Self-Disclosure to OFAC

posted by Jennifer Diaz April 6, 2021 0 comments

Diaz Trade Law’s President, Jennifer Diaz,  and Associate Attorney, Sharath Patil, are enthusiastic to announce Bloomberg Law published another one of our articles, “Submitting a Voluntary Self-Disclosure to OFAC”! Below is the article reproduced with permission for your reading pleasure. We’d love to hear your feedback!

You can read the article here (where you’ll have the ability to access all of the great hyperlinks). Please note you cannot click on the hyperlinks below.

We’d love to hear your feedback!

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Best PracticesChinaChina Trade WarCustoms ExpertEnforcementExportImportImport AlertInternational BusinessInternational LawInternational Trade

Future of First Sale Rule in Question

posted by Jennifer Diaz April 6, 2021 0 comments

On March 1, 2021, the Court of International Trade (CIT) denied Meyer Corporation’s claim for duty-free treatment under its attempted use of the first sale valuation and the Generalized System of Preferences (GSP), in Meyer Corporation, U.S. v. United States, Court No. 13-00154 (Meyer). This case sent a ripple through the trade-community as many speculate whether the decision signals an end of first sale for non-market countries.

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AD/CVDBest PracticesChina Trade WarCustoms ExpertEnforcementExportImportInternational LawInternational TradeU.S. Customs and Border Protection (CBP)

New AD/CVD Petition Against Imports of Certain Chinese Mobile Access Equipment

posted by Jennifer Diaz March 25, 2021 0 comments

Co-Authored by Sharath Patil

Background on AD/CVD Investigations

Antidumping duty (“AD”) and countervailing duty (“CVD”) investigations are brought jointly by the U.S. International Trade Commission (“USITC”) and the U.S. Department of Commerce (“Commerce”). AD investigations are triggered when a domestic industry alleges that it has been injured by competing imports of particular goods from specific countries being sold at less than a fair value. Meanwhile, CVD investigations are triggered when a domestic industry alleges that it has been injured by competing imports that are being unfairly subsidized by their governments. The domestic industry initiating the investigation is known as the petitioner while the foreign industry participating in the investigation is known as the respondent.

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Breaking News – New Federal Law Expands Furniture Flammability Testing Standard

posted by Jennifer Diaz March 23, 2021 0 comments

Do you manufacture or sell upholstered furniture? Beginning June 25, 2021, a new law requires all upholstered furniture nationwide to comply with California Technical Bulletin 117-2013?

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Best PracticesChina Trade WarCustoms ExpertEnforcementExportImport AlertInternational BusinessInternational LawInternational TradeU.S. Customs and Border Protection (CBP)

Recent Government Data Indicates that Florida Trade is Rebounding Fast Despite Pandemic Hit

posted by Jennifer Diaz March 17, 2021 1 Comment

Co-Authored by Sharath Patil

COVID-19’s Impact on the Global Economy

The COVID-19 pandemic has had systemic implications for nearly every facet of our lives and society. The world of international trade is certainly no exception. Businesses and governments alike have had to figure out how to continue import and export operations while accounting for the risks present in the current trading climate. Challenges that importers and exporters have faced include: 1) dramatic demand spikes for certain goods, 2) equally dramatic crashes in demand for other goods, 3) significant back-ups of inflowing shipments at key ports, 4) an increase in trade restrictions and other barriers to trade, and 5) contractions in trade volumes, just to name a few.

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Best PracticesCustoms ExpertEnforcementEventsInternational LawInternational TradeLabelingU.S. Food and Drug Administration (FDA)

Cleaning for COVID-19 – Importing Cleaning Products: Who Regulates You?

posted by Jennifer Diaz March 15, 2021 0 comments

Co-Authored by Denise Calle

A year into the COVID-19 pandemic, the U.S. Environmental Protection Agency (EPA) and The Food and Drug Administration (FDA) are in full enforcement mode carefully monitoring novel products claiming to treat, mitigate, or “kill” COVID-19. Compliance advisories issued at the beginning of the pandemic are now being replaced with enforcement advisories. Manufacturers, importers, distributors, and others engaged in the production or sale of products claiming to mitigate or “kill” COVID-19 should be more cautious than ever when developing product claims for both product labels and marketing material or alternatively, confirm products comply with the numerous regulations governing COVID-19 cleaning products.

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Hong Kong’s Initiates Dispute Regarding U.S.-Origin Marking Requirement

posted by Jennifer Diaz March 12, 2021 0 comments

Co-Authored by Sharath Patil

What Happened

On October 30, 2021, Hong Kong, China requested consultations with the United States regarding U.S. measures affecting origin markings on goods imported from Hong Kong to the United States. On November 24, 2020, the United States and Hong Kong held consultations on the matter. On January 14, 2021, Hong Kong requested the World Trade Organization (“WTO”) to establish a dispute settlement panel. In response, the WTO established a dispute settlement panel on February 22, 2021.

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Best PracticesChina Trade WarCustoms ExpertEnforcementEventsExportImportImport AlertInternational BusinessInternational LawInternational TradeU.S. Customs and Border Protection (CBP)

Biden Executive Order Strengthens Buy American Government Procurement Laws

posted by Jennifer Diaz March 9, 2021 0 comments

Co-Authored by Sharath Patil

Biden Signs Executive Order Strengthening Buy American Laws

Buy American laws are a set of statutes, regulations, rules, and Executive Orders that require that the U.S. federal government require or provide preferences for purchasing goods produced in the United States. Buy American laws were created and continue to be amended with the intention of promoting economic and national security, stimulating economic growth, creating good jobs at decent wages, and supporting the U.S. manufacturing and defense industrial bases.

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