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Maritime Industry Rocked by Cyber Attacks

posted by Jennifer Diaz October 20, 2020 0 comments

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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The U.S.-Brazil Trade Agreement is Imminent

posted by Jennifer Diaz October 15, 2020 0 comments

Co-Authored by Sharath Patil

On October 5, 2020, Brazil’s Assistant Deputy Minister for Foreign Trade and International Affairs, Yana Dumaresq, stated during an Atlantic Council online panel discussion that a U.S.-Brazil trade agreement that covers trade facilitation, good regulatory practices, and anti-corruption is in legal scrub and the text should be finalized by mid-October. “We hope to have them signed this month,” Dumaresq said. The U.S. Commerce Department’s lead negotiator on this agreement, Joseph Semsar, said that “this is a unique opportunity to get things done that seemed unattainable.” These latest developments are a result of months of negotiations between the two major economies. Trade facilitation Back in April 2020, the U.S. Trade Representative (“USTR”) released a statement describing meetings between Brazilian President Jair Bolsonaro and President Donald Trump and ambitious plans to strengthen trade and economies ties.

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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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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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Expanded Export Control Obligations when Exporting to China

posted by Jennifer Diaz August 24, 2020 0 comments

Co-Authored by Sharath Patil, a trade policy researcher in Washington, DC, with a background in global logistics, international trade, and commercial diplomacy. Patil is an active member of the District of Columbia bar, and is a graduate of the University of Oregon School of Law.

Introduction

U.S. export controls refer to a set of federal laws which restrict the export of certain sensitive goods, technologies, information and services. Export controls are primarily enforced through two U.S. government agencies: the U.S. Department of Commerce (for Export Administration Regulations (“EAR”)) and the U.S. Department of State (for International Traffic in Arms Regulations (“ITAR”)). In recent months, U.S. export control laws have expanded exporters’ obligations when exporting critical technologies to China, as well as other sensitive export destinations such as Russia and Venezuela. In particular, U.S. laws on exporting critical goods to Hong Kong have changed; there is a greater requirement to exercise due diligence when exporting; the entity list has expanded; and filing requirements have changed. It is important for U.S. exporters to keep abreast of changes to export control laws in order to remain compliant and avoid serious penalties. We will explain each of these developments, in turn.

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Florida’s Top 3 Export Markets

posted by Jennifer Diaz August 10, 2020 1 Comment

Source: U.S. Census Bureau

Co-Authored by Sharath Patil, a trade policy researcher in Washington, DC., with a background in global logistics, international trade, and commercial diplomacy. Patil is an active member of the District of Columbia bar, and is a graduate of the University of Oregon School of Law.

What and Where do Floridians Export?

Exports are big business in the Sunshine State. In 2019, export sales brought $56.3 billion into Florida’s economy. International trade has supported 2.4 million Floridian jobs. Floridians export a wide array of goods all over the world. In 2019, the top export markets for Florida’s goods were Brazil, Canada, and Mexico, respectively. See Chart 1. We will discuss the significance of each of these markets, in turn.

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Fifth Round of 301 Product Exclusions Involving List 4A – $300B

posted by Jennifer Diaz June 29, 2020 0 comments

On June 23, 2020, U.S. Customs and Border Protection (CBP) issued Cargo Systems Messaging Service (CSMS) #43134617 as guidance on the fifth round of product exclusions for List 4A of the Section 301 trade remedies. These exclusions were announced in Federal Register Notice (FRN) 85 FR 35975.

According to the CSMS, duty exclusions granted by the USTR under this exclusion are retroactive for imports on or after the initial effective date of September 1, 2019.  To request a refund of Section 301 duties paid on previous imports of products granted duty exclusions by the USTR, importers may file a Post Summary Correction (PSC) if within the PSC filing time frame. If the entry is beyond the PSC filing time frame, importers may protest the liquidation if within the protest filing time frame. These exclusions will be available through September 1, 2020 under 9903.88.49.

The following chart details exclusions per Tranche as well as provides the secondary HTSUS that should be used by importers when filing entry with CBP. The secondary HTSUS signals to CBP the merchandise is excluded from the applicable Tranche.   

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USTR Seeks Comments on China Section 301 Product Exclusion Extensions & Enforcement of U.S. WTO Rights in Large Civil Aircraft Dispute

posted by Jennifer Diaz June 29, 2020 0 comments

The USTR has been active over the last couple of months in granting exclusions and extending certain exclusions that were scheduled to expire. USTR continues to seek comments from industry to determine its next steps. This blog is a snap-shot of the USTR’s comment and exclusion request docket. Currently USTR is seeking comments on the Enforcement of U.S. WTO Rights in Large Civil Aircraft Dispute and China Section 301 Product Exclusion Extensions. Here is the breakdown:

ENFORCEMENT OF U.S. WTO RIGHTS IN LARGE CIVIL AIRCRAFT DISPUTE

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USMCA Import Considerations for Practitioners

posted by Jennifer Diaz June 26, 2020 0 comments

Diaz Trade Law’s President, Jennifer Diaz and Associate Attorney, Denise Calle are enthusiastic to announce that another one of their articles, “USMCA Import Considerations for Practitioners,” 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 USMCA Import Considerations for Practitioners (where you’ll have the ability to access all of the great hyperlinks) you cannot click on below.

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Implementing the USMCA’s Labor Chapter in Mexico

posted by Jennifer Diaz June 22, 2020 1 Comment

usmcaCo-Authored by Sharath Patil, a trade policy researcher in Washington, DC., with a background in global logistics, international trade, and commercial diplomacy. Patil is an active member of the District of Columbia bar, and is a graduate of the University of Oregon School of Law.

The U.S.-Mexico-Canada Agreement (“USMCA”) is a pending free trade agreement that will replace the North American Free Trade Agreement (“NAFTA”). The USMCA was signed in December 2019 and was ratified by all three countries in March 2020. Currently, the USMCA is being implemented and the agreement will enter into force on July 1, 2020. 

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