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

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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By |2021-10-12T14:55:15-04:00February 18, 2021|Best Practices, China Trade War, Customs Expert, Enforcement, Export, Forced Labor, Import, Import Alert, International Business, International Law, International Trade, Pre-compliance, U.S. Customs and Border Protection (CBP)|Comments Off on CBP Issues WRO on Cotton, Tomato, & Downstream Products Made in Xinjiang

President Calls for Greater Enforcement Against Counterfeit Imports

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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INVESTING IN THE PETROLEUM INDUSTRY? – WHY HAITI.

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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BIS Expands Export Restrictions Targeting China’s Largest Chipmaker

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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Maritime Industry Rocked by Cyber Attacks

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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OPPORTUNITIES IN AGRICULTURE – WHY CHOOSE THE CARIBBEAN?

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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An Introduction to U.S. Trade Databases

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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DTL Tuned-In to the 2020 World Trade Center Miami’s International Trade Week – Check out our Recap:

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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By |2021-04-09T13:13:23-04:00May 27, 2020|Best Practices, COVID-19, CTPAT, Customs Expert, Enforcement, Export, Import, International Business, International Law, International Trade, U.S. Customs and Border Protection (CBP), U.S. Food and Drug Administration (FDA)|Comments Off on DTL Tuned-In to the 2020 World Trade Center Miami’s International Trade Week – Check out our Recap:

CBP Creates New Online Electronic Vessel Manifest Confidentiality Application

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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PPE IMPORTS DURING COVID-19

DTLBlog1Diaz Trade Law’s President, Jennifer Diaz and Associate Attorney, Denise Calle are enthusiastic to announce that another one of their articles, “PPE Imports During COVID-19,” was published by Bloomberg Law! Below is the article reproduced with permission for your reading pleasure. We’d love to hear your feedback!

You can read the article here, by clicking PPE Imports Article (where you’ll have the ability to access all of the great hyperlinks) you cannot click on below.

We’d love to hear your feedback!

 

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