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301 INVESTIGATIONSBest PracticesChinaChina Trade WarCounterfeitsCubaCurrency SeizureCustoms ExpertEnforcementExportForced LaborImportImport AlertInternational BusinessInternational LawInternational TradeInternational TravelIPR, Trademarks and LogosMedical DevicesU.S. Customs and Border Protection (CBP)

A Year in Review!

posted by Jennifer Diaz December 23, 2020 0 comments

2020 has been a difficult year filled with immense challenge and change (to say the least). From all of us at Diaz Trade Law, we are incredibly thankful and grateful for your support. Despite a pandemic, Diaz Trade Law still managed to save our clients MILLIONS of dollars in 2020. It is with great joy that we finish off 2020 filled with numerous achievements and accomplishments. We look forward to assisting you in what we envision will be a better and brighter 2021!

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Best PracticesChinaChina Trade WarCustoms ExpertElection 2020EnforcementEventsExportForced LaborImportImport AlertInternational BusinessInternational LawInternational TradeU.S. Customs and Border Protection (CBP)

Catch Up on Diaz Trade Law’s Top Blogs From 2020!

posted by Jennifer Diaz December 23, 2020 0 comments

 

We want to make sure you stay up to date with the hottest trade blogs from 2020. Below is a summary of what you missed by category. Enjoy!

 

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

Continuing Education for Licensed Customs Brokers – Comments Due December 28, 2020

posted by Jennifer Diaz December 14, 2020 0 comments

Co-Authored by Sharath Patil

Background

Section 641 of the Tariff Act of 1930 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; and provides for the assessment of monetary penalties against other persons for conducting customs business without the required broker’s license. Section 641 also authorized the Secretary of the Treasury to prescribe rules and regulations relating to the customs business of brokers as may be necessary to protect importers and the revenue of the United States.

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Best PracticesChinaChina Trade WarCustoms ExpertEnforcementExportImportInternational LawInternational TradeTPPU.S. Customs and Border Protection (CBP)

Joe Biden & Trade – What Can Industry Expect from the New Administration?

posted by Jennifer Diaz December 7, 2020 1 Comment

Co-Authored by Sharath Patil

Trump’s Trade Legacy

To fully understand the Biden administration’s trade priorities, it’s essential to understand Trump’s U.S. trade actions and the trade environment Biden will inherit. Trump made trade policy a center-stage issue. The administration enacted policies that counter several decades of neoliberal trade policies. The administration also questioned fundamental tenets of the global trading system and the function and purpose of the World Trade Organization. Furthermore, Trump followed through on many trade-related campaign promises by utilizing an array of tools.

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Best PracticesCustoms ExpertEnforcementExportImportImport AlertInternational BusinessInternational LawInternational TradeU.S. Customs and Border Protection (CBP)

Due to Pandemic, BIS Providing Six-Month Export License Extensions

posted by Jennifer Diaz November 24, 2020 0 comments

Co-Authored by Sharath Patil

BIS’ Announcement

Last month, the U.S. Commerce Department’s Bureau of Industry & Security (“BIS”) announced that it is providing six-month extensions for export license applications due to economic difficulties associated with the COVID-19 pandemic. As a result of this announcement, BIS is permitting exporters to request six-month validity period extensions for licenses due to expire on or before December 31, 2020. BIS accepts all submission requests in one central electronic mailbox: LicenseExtensionRequest@bis.doc.gov. When a party submits a license extension request, BIS will review the original license and (in most cases), extend the validity of the license by six months. BIS estimates that the majority of extension validity requests will be processed and approved within two to three business days. Acting Under Secretary for Industry and Security Corden Hull said, “The streamlined process will help ensure that exporters with licenses due to expire on or before the end of 2020, who may not have been able to ship orders due to resource constraints during the pandemic, have the opportunity to benefit fully from the authorizations granted on their licenses.”

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Best PracticesBureau of Household Goods and ServicesCustoms ExpertEnforcementImportInternational BusinessInternational TradeReasonable CareSeizuresSupply ChainU.S. Customs and Border Protection (CBP)

HOUSEHOLD GOODS AND SERVICES PROVIDERS – WHAT YOU MUST KNOW.

posted by Jennifer Diaz November 10, 2020 1 Comment

 

In the household goods and services industry? Did you know you have to import your goods and services in compliance with the Bureau of Household Goods and Services (BHGS) regulations? Manufacturers or wholesalers of any article of upholstered furniture bedding, or filling material manufactured outside of the United States for the purpose of sale or resale in California, whether it be through employees or agents, fall within this category.

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

President Calls for Greater Enforcement Against Counterfeit Imports

posted by Jennifer Diaz November 5, 2020 1 Comment

Co-Authored by Sharath Patil

What Happened

On October 13, 2020, President Trump issued a Presidential Memorandum on stopping counterfeit trafficking on e-commerce platforms. The memorandum called for U.S. Customs and Border Protection (“CBP”) to “impose the maximum fines and civil penalties permitted by law on any e-commerce platform that directs, assists with, or is in any way concerned in the importation into the United States of counterfeit goods.” Furthermore, the memorandum also called for:

  • CBP to continue seizing counterfeit goods imported into the United States in connection with e-commerce transactions
  • Congress to pass laws that clarify and strengthen the president’s authority and increase its resources to address e-commerce-linked counterfeit trafficking
  • The U.S. Attorney General to develop a legislative proposal to promote the policy objectives of the memorandum within 120 of its publication

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Best PracticesCaribbean Basin InitiativeCustoms ExpertFreight ForwardingInternational BusinessInternational TradeReasonable CareSupply ChainU.S. Customs and Border Protection (CBP)

INVESTING IN THE PETROLEUM INDUSTRY? – WHY HAITI.

posted by Jennifer Diaz November 2, 2020 0 comments

Despite Haiti’s challenging socio-economic, as well as political climate, Haiti remains one of the most open economies of the Caribbean seeking foreign direct investment (FDI). Haiti’s legislation encourages such FDI with the assurance that the same rights, privileges, and equal protection are provided to local and foreign companies. The current president of Haiti established and announced “Seven Priority Axes” for the development of Haiti. One of which is in the electricity (e.g., Hydro, Solar, Natural Gas and, of course, Petroleum) sector.

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Best PracticesChinaChina Trade WarCustoms ExpertEnforcementExportImportImport AlertInternational LawInternational TradeInternational TravelU.S. Customs and Border Protection (CBP)

BIS Expands Export Restrictions Targeting China’s Largest Chipmaker

posted by Jennifer Diaz October 27, 2020 4 Comments

Co-Authored by Sharath Patil

Last week, the U.S. Department of Commerce’s Bureau of Industry & Security (“BIS”) informed some U.S. semiconductor manufacturers via a confidential letter that they would require export licenses before exporting certain products to China’s largest semiconductor manufacturer, Semiconductor Manufacturing International Corporation (“SMIC”). Although the letter is not available for public view, a September 28, 2020 Wall Street Journal article that broke the story said that the Commerce Department was concerned about high risks of diversion to a military end use. This additional export license requirement is part of a broader pattern of increased export restrictions, particularly to China.

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ChinaChina Trade WarCustoms ExpertEnforcementExportImportInternational BusinessInternational LawInternational TradeU.S. Customs and Border Protection (CBP)

Diaz Trade Law Now Filing List 4A Complaints – Join Section 301 Refund Lawsuit Now to Demand Refunds

posted by Jennifer Diaz October 22, 2020 1 Comment

301 Lawsuit Background

In mid-September, a coalition of importers 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.

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