The False Claims Act: Get Paid to Expose Fraud & Unfair Competition, Protect Yourself from an Investigation

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!! UPCOMING False Claims Act Webinar !!

Learn how to expose fraud, blow the whistle on unfair competition, and avoid being the target of an FCA investigation

May 9, 2024 | 12:00 PM ET

Speakers: Jennifer Diaz, President &Dana Watts, Of Counsel, Diaz Trade Law and Jonathan Tycko, Partner, Tycko & Zavareei LLP

Register HERE.

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The False Claims Act (FCA) is a powerful federal anti-fraud law that incentivizes average people to expose fraud. The law attempts to reward whistleblowers and disincentivize committing fraud and can be used to expose customs fraud.

What is the False Claims Act?

The FCA, 31 U.S.C. §§ 3729 – 3733, is a federal statute enacted in 1863 in response to defense contractor fraud during the Civil War.

The FCA provides that any person who knowingly submits, or causes to submit, false claims to the government is liable for three times the government’s damages plus a penalty. Conspiring to commit these acts also is a violation of the FCA.

The FCA allows the U.S. government to investigate perpetrators of fraud directly, but it also provides an avenue for private citizens to become whistleblowers and expose fraud.

The Department of Justice (DOJ) obtained more than $2.68 billion in settlements and judgments involving fraud and false claims in the fiscal year ending Sept. 30, 2023.

The FCA and International Trade

The FCA is commonly used to prosecute financial crime such as misuse of federal grants and healthcare related claims. However, in recent years the FCA has been increasingly used to allege customs duty […]

By |2024-04-18T17:01:11-04:00April 18, 2024|Enforcement, U.S. Customs and Border Protection (CBP)|Comments Off on The False Claims Act: Get Paid to Expose Fraud & Unfair Competition, Protect Yourself from an Investigation

Upcoming Webinar: Basics of U.S. Tariff Classification (HTSUS)

Did you know the Harmonized Tariff Schedule of the U.S. (HTSUS) can be difficult to navigate, and importers often either don’t even know what HTSUS is, or strictly rely on customs brokers for this number, not realizing it is an importers responsibility and liability should be HTSUS be incorrect. Now, especially, with 301 duties in place, ensuring you have the right HTSUS is more important than ever.

Ensure you’re informed and updated on classification and binding rulings and register for Diaz Trade Law’s webinar Basics on Tariff Classification taking place on May 12, 2022. This one-hour webinar will provide insights into the importance of CBP Rulings for classification and binding rulings in ensuring compliance when importing into the United States. The presenter will provide an overview of the process of how to receive a final classification and binding ruling from CBP as well as TOP tips on when it may be advantageous to do so.

Register today to hear directly from DTL’s president, Jennifer Diaz as she teaches attendees about the fundamental in ensuring compliance when it comes to classification along with the new HTSUS changes in 2022.

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By |2022-05-02T19:11:02-04:00April 28, 2022|Best Practices, Events, Export, Import, International Trade, Speaking, U.S. Customs and Border Protection (CBP)|Comments Off on Upcoming Webinar: Basics of U.S. Tariff Classification (HTSUS)

CBP’s NEW Prior Disclosure Requirements

Diaz Trade Law’s President, Jennifer Diaz, and Associate Attorney, Sharath Patil, are enthusiastic to announce that our article, “New CBP Prior Disclosure Requirements” was published by the Customs and International Trade Bar Association (CITBA) in its Spring 2022 newsletter.

Our article focuses on how to successfully submit a prior disclosure (PD) to Customs and Border Protection, along with details known of CBP’s new timing requirements, which have not been circulated publicly. CBP’s new deadlines place a burden on importers that must be considered PRIOR to filing a PD.

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 your feedback!

Below is the article for your reading pleasure.

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By |2022-04-21T14:11:35-04:00April 19, 2022|Best Practices, Import, International Law, International Trade, Pre-compliance, Prior Disclosures, U.S. Customs and Border Protection (CBP)|Comments Off on CBP’s NEW Prior Disclosure Requirements

Upcoming Webinar: Gender & Trade

Did you know when women’s economic engagement increases, productivity and prosperity also rise? In addition, empirical studies show that raising women’s income is strongly associated with investment in nutrition, health, and education.  Ensure you’re informed and updated on trends affecting global trade and register for Diaz Trade Law’s first 2022 webinar Gender and Trade taking place on March 10, 2022. This one-hour webinar will provide insights into the role gender can play in increasing trade and prosperity.

Register today to hear directly from DTL’s president, Jennifer Diaz and International Development Advisor, Linda Schmid as they teach attendees about how women fit into the picture of trade and what nations and customs and border agencies can do to level the playing field.

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By |2022-02-22T18:12:46-05:00February 23, 2022|Events, Export, Import, International Trade, Speaking|Comments Off on Upcoming Webinar: Gender & Trade

3-Part Podcast Miniseries – Importing, Exporting, and AD/CVD

Diaz Trade Law is excited to announce that three of its attorneys participated in a three-part podcast mini-series on Customs and International Trade law.  The podcast is titled “The View from Jamestown” and hosted by Ben Sawicki of The Chemical Company. This special three-part podcast mini-series featured an in-depth introduction to importing, exporting, and anti-dumping and countervailing duty investigations (AD/CVD), along with helpful insights on best practices for your business. The three podcasts are great for both beginners and advanced levels. We would love to hear your feedback once you’ve watched!

Watch Now! 

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By |2021-12-20T10:52:46-05:00December 21, 2021|Best Practices, Export, Import, International Law, International Trade, Speaking, U.S. Customs and Border Protection (CBP)|Comments Off on 3-Part Podcast Miniseries – Importing, Exporting, and AD/CVD

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

China

9801.00.10: Updated Requirements for Returned Goods

Background on HTSUS Subheading 9801.00.10

Ever hear of U.S. goods returned and wondered what it really meant? The Harmonized Tariff Schedule of the United States (“HTSUS”) subheading 9801.00.10 is used for re-importing U.S. made products back into the United States, duty-free. Previously, this classification only covered merchandise originally made in the United States and now reentering the country (hence “US Goods Returned”). In order to qualify for classification under subheading 9801.00.10 and duty-free treatment, these products entering the United States had to be unimproved in condition or value. In other words, the products had to not be subject to further processing abroad. For example, subheading 9801.00.10 may be used when goods are being re-imported as returned product to the seller or for repair. Under subheading 9801.00.10, the importer has the burden to prove their claim for duty-free treatment.

CBP Issues Updated Guidance

On August 20, 2021, subheading 9801.00.10 was expanded to include products which originated from foreign countries. HTSUS subheading 9801.00.10 now states: “Products of the United States when returned after having been exported, or any other products when returned within 3 years after having been exported, without having been advanced in value or improved in condition by any process of manufacture or other means while abroad.” In other words, non-U.S. origin products that are returned to the United States will ALSO qualify for duty-free treatment under subheading 9801.00.10. However, the timing requirements for U.S.-origin and foreign-origin products are different. U.S.-origin products currently have no time limit to file […]

By |2021-11-09T12:23:27-05:00November 23, 2021|ACE, Best Practices, Customs Broker, Customs Expert, Enforcement, Import, International Trade, Pre-compliance, Reasonable Care, U.S. Customs and Border Protection (CBP)|Comments Off on 9801.00.10: Updated Requirements for Returned Goods

Incoterms 2020

Diaz Trade Law’s President, Jennifer Diaz,  and Associate Attorney, Denise Calle, are enthusiastic to announce Bloomberg Law published another one of our articles, “Incoterms 2020”! 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!

[…]

ACE: Auditing Your Import History

In FY 2020 alone, U.S. Customs and Border Protection (“CBP”) import audits resulted in over $44.6 million being collected by CBP. Similarly, CBP collected over $20.1 million in FY 2020 from trade-related penalties and liquidated damages. Prior to CBP auditing you, there is a lot you can do to be proactive about import compliance. The first step is getting a clear picture of your imports by accessing and analyzing your import data on the Automated Commercial Environment (“ACE”). An ACE  audit can identify duty-saving opportunities and open risks.

To date, CBP has collected $87.8 billion in China 301 tariffs. If you have paid Section 301 China tariffs on Lists 3 and 4 and you have joined the landmark lawsuit demanding full refunds on these tariffs paid, it is critical that you understand the extent of China tariffs that you have paid, and proactively look out for liquidations. Proactively and comprehensively auditing your ACE import data is the first step.

Whether you are new to importing or a seasoned professional, this one-hour webinar is a must attend. Register today to hear directly from our Diaz Trade Law President Jennifer (Jen) Diaz about audit risks and duty-saving opportunities. Jen is a Chambers ranked, Board Certified International Attorney specializing in customs and international trade.

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By |2021-07-22T12:11:44-04:00May 11, 2021|ACE, Best Practices, Customs Expert, Import, International Trade, Pre-compliance, Reasonable Care, U.S. Customs and Border Protection (CBP)|Comments Off on ACE: Auditing Your Import History

Breaking News – New Federal Law Expands Furniture Flammability Testing Standard

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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