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Customs BrokerCustoms ExpertEnforcementImport AlertInternational BusinessInternational LawInternational TradeU.S. Customs and Border Protection (CBP)

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 ExpertEnforcementExportForced LaborImportImport AlertInternational BusinessInternational LawInternational TradePre-complianceU.S. Customs and Border Protection (CBP)

CBP Issues WRO on Cotton, Tomato, & Downstream Products Made in Xinjiang

posted by Jennifer Diaz February 18, 2021 0 comments

The United States has been increasing its efforts to combat forced labor around the world. During the Trump Administration’s final weeks, the United States not only banned the importation of Chinese Cotton, Tomatoes, among other products, but also explicitly recognized the situation in Xinjiang as a Genocide.

Importers not adequately auditing their supply chains for use of forced labor are at risk of administrative and criminal enforcement. Imported merchandise produced with forced labor is subject to the Department of Homeland Security (DHS) enforcement. Such enforcement includes U.S. Customs and Border Protection’s (CBP) right to detain, exclude, and/or seize imported goods and Homeland Security Investigation’s potential criminal investigation. China is not only the United States’ number one trading partner but also happens to be the world’s biggest forced labor violator.

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

Maritime Industry Rocked by Cyber Attacks

posted by Jennifer Diaz October 20, 2020 1 Comment

Co-Authored by Sharath Patil

The maritime industry has been rocked by a string of cyber-attacks in recent weeks. Two of the most severe incidents involved the United Nation’s shipping agency, the International Maritime Organization (“IMO”), and the French shipping company CMA GCM S.A. (“CMA GCM”). These attacks remind the shipping industry about the dangers of such attacks and the importance of cybersecurity compliance. From a trade and customs perspective, such incidents trigger post incident analysis and other measures as part of the U.S. Customs & Border Protection’s (“CBP”) Customs Trade Partnership Against Terrorism Minimum Security Criteria. We will discuss two of the most severe cyber-attack incidents in recent weeks below and then discuss the trade and customs implications of such attacks.

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Caribbean Basin InitiativeCustoms ExpertExportFoodImportInternational BusinessInternational TradeU.S. Customs and Border Protection (CBP)U.S. Food and Drug Administration (FDA)

OPPORTUNITIES IN AGRICULTURE – WHY CHOOSE THE CARIBBEAN?

posted by Jennifer Diaz September 28, 2020 1 Comment

Because of its production limitations, the Caribbean has become a growing market for U.S. suppliers. As one of the most diverse regions in the world, the islands of the Caribbean attract a lot of visitors. With the development of tourism comes an increased demand for imported products from the U.S.—due in part to their perceived higher quality.

 

 

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Best PracticesCustoms ExpertEnforcementExportHTSImportInternational BusinessInternational LawU.S. Customs and Border Protection (CBP)

An Introduction to U.S. Trade Databases

posted by Jennifer Diaz September 25, 2020 1 Comment

Co-Authored by Sharath Patil

Introduction

There are many factors that U.S. exporters and importers should be conscious of in their operations – including trade and customs laws, foreign market opportunities, changes in commodity prices, and currency fluctuations – just to name a few. However, one vital consideration that exporters and importers alike often overlook is trade flows. A firm’s ability to analyze and keep a pulse on trade data pertaining to that company’s product category can provide that exporter or importer with a clear vision of what’s actually happening. This perspective can empower a firm to optimize its operations and gain an edge against competitors. For example, U.S. importers who regularly track and analyze trade data can gain an understanding of how tariff and non-tariff barriers affect imports. Similarly, U.S. exporters can track and analyze trade data to glean vital intelligence about opportunities in foreign markets. In doing so, U.S. exporters can gain an understanding of which markets their U.S. competitors are selling to and which countries demand is quickly increasing. Analyzing trade data is the first step to developing a sound import or export market strategy. However, doing so once is not enough. Importers and exporters should have a regular practice of tracking trade flow developments and restructuring operations based on what the data reveals. Such a nimble posture can truly empower businesses trading internationally.

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Best PracticesCOVID-19CTPATCustoms ExpertEnforcementExportImportInternational BusinessInternational LawInternational TradeU.S. Customs and Border Protection (CBP)U.S. Food and Drug Administration (FDA)

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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China Trade WarCustoms ExpertEnforcementExportImportInternational BusinessInternational TradeReasonable CareSupply ChainU.S. Customs and Border Protection (CBP)

CBP Creates New Online Electronic Vessel Manifest Confidentiality Application

posted by Jennifer Diaz May 22, 2020 1 Comment

Photo Credit: Dr. Richard Sarabia

Do your competitors have access to information listed in your Bill of Lading? Why provide your competitors the advantages needed to gain control over your market? In our previous blog post “Do You Keep Your Manifest Information Confidential” we discussed the relevant privacy statute, what information is published publicly, and what information you can request CBP keep confidential.

 

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