U.S. Customs – Your Personal Policeman at the Border

Many companies mistakenly believe that registering a trademark or copyright with the U.S. Government provides sufficient protection and remedies, and, therefore, do not take the extra step to record trademarks or copyrights with U.S. Customs and Border Protection (U.S. Customs).

The processes achieve two completely different goals.

Registering a trademark with the U.S. Patent and Trademark Office (USPTO) or copyright with the U.S. Copyright Office gives public notice of one’s ownership of the trademark or copyright. On the other hand, the purpose of recording a trademark or copyright with U.S. Customs is to partner with the agency in preventing the unauthorized importation of merchandise that bears a recorded trademark or copyright. U.S. Customs prevents counterfeit and otherwise infringing products from entering or exiting the United States for registered trademark or copyright holders who have recorded their trademarks or copyrights with Customs.

U.S. Customs officials may detect infringing merchandise at the time of entry into the United States. When you record trademarks or copyrights with Customs, the information is entered into an electronic database accessible to U.S. Customs officers around the world. U.S. Customs uses this information to target suspect shipments for the purpose of physically examining merchandise which ultimately prevents the importation or exportation of infringing goods.

Advantages to Recording a Trademark or Copyright with Customs

The first and most obvious advantage to recording a trademark or copyright with U.S. Customs is that the agency will monitor and seize infringing merchandise at the ports of entry. Because U.S. […]

By |2022-09-08T18:54:54-04:00September 8, 2022|China, Counterfeits, Enforcement, Import, International Trade, IPR, Trademarks and Logos, Pre-compliance, Speaking, U.S. Customs and Border Protection (CBP)|Comments Off on U.S. Customs – Your Personal Policeman at the Border

Bloomberg: A Comparison of Customs IPR Protection in the U.S. & China

Diaz Trade Law’s President, Jennifer Diaz, is enthusiastic to announce Bloomberg Law published another one of our articles, “A Comparison of Customs IPR Protection in the U.S. & China“! We want to thank Wen Peng, trademark attorney of Chofn Intellectual Property for her contributions. Below is the article reproduced with permission for your reading pleasure. 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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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 |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 on Big News! 352 of 549 Proposed China Tariff Exclusions Reinstated

Customs and Trade Law Weekly Snapshot

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

Apparel

  • Nike has ended 2021 as the most valuable apparel firm globally. According to data presented by FinancePR.com, the American outfit achieved a $30.44 billion valuation in 2021, placing it at the helm of the top ten garment firms worldwide.

CBP 

2021: A Year in Review

From all of us at Diaz Trade Law, we are incredibly thankful and grateful for your support this year. Despite this ongoing pandemic, Diaz Trade Law still managed to save our clients MILLIONS of dollars in 2021. It is with great joy that we finish off 2021 filled with numerous achievements and accomplishments were humbled to share with you. We look forward to assisting you in what we envision will be a better and brighter 2022!

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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! […]

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