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.

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FDA OPENS NEW FSVP PORTAL FOR IMPORTERS

The Foreign Supplier Verification Programs for Food Importers (FSVP), establishes guidelines for importers to vet their foreign manufacturers, ensuring that food products destined for the U.S. are safe for consumption. The FSVP was created under the Food Safety Modernization Act (FSMA). These standards of the FSVP are in line with the goals articulated in the U.S. Food and Drug Administration (FDA)  Strategy for the Safety of Imported Food. The FDA seeks to ensure that foreign-manufactured food products are safe for consumption. Further, as discussed in Diaz Trade Law’s previously published blog, the FDA issued its first FSVP warning letter in September 2019, and since then has issued at least 60 more!

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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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An Introduction to Safeguard Investigations

What is Section 201 ?

Section 201 of the Trade Act of 1974 provides import relief measures (also known as Safeguards) for domestic industries. The measures provide temporary relief for U.S. industries when competitor imports increase so significantly that they cause serious injury or threat to the domestic industry. The Safeguard measures are temporary – they allow the U.S. President to raise import duties or impose nontariff barriers on goods entering the United States for a limited period so that domestic industry is given sufficient time to adjust to the competition.

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OTC Drug Manufacturers are Required to Pay FDA Facility User Fees by May 10, 2021

Co-Authored by Denise Calle.

On March 26, 2021, Food and Drug Administration (FDA) published the Federal Register Notice, “Fee Rates Under the Over-the-Counter Monograph Drug User Fee Program for Fiscal Year 2021,” announcing the OTC Monograph Drug user fee program fee rates for FY 2021. This is the first year FDA has expanded user fees to OTC Drug Manufacturers and submitters of OTC monograph order requests.

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Future of First Sale Rule in Question

On March 1, 2021, the Court of International Trade (CIT) denied Meyer Corporation’s claim for duty-free treatment under its attempted use of the first sale valuation and the Generalized System of Preferences (GSP), in Meyer Corporation, U.S. v. United States, Court No. 13-00154 (Meyer). This case sent a ripple through the trade-community as many speculate whether the decision signals an end of first sale for non-market countries.

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New AD/CVD Petition Against Imports of Certain Chinese Mobile Access Equipment

Co-Authored by Sharath Patil

Background on AD/CVD Investigations

Antidumping duty (“AD”) and countervailing duty (“CVD”) investigations are brought jointly by the U.S. International Trade Commission (“USITC”) and the U.S. Department of Commerce (“Commerce”). AD investigations are triggered when a domestic industry alleges that it has been injured by competing imports of particular goods from specific countries being sold at less than a fair value. Meanwhile, CVD investigations are triggered when a domestic industry alleges that it has been injured by competing imports that are being unfairly subsidized by their governments. The domestic industry initiating the investigation is known as the petitioner while the foreign industry participating in the investigation is known as the respondent.

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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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Recent Government Data Indicates that Florida Trade is Rebounding Fast Despite Pandemic Hit

Co-Authored by Sharath Patil

COVID-19’s Impact on the Global Economy

The COVID-19 pandemic has had systemic implications for nearly every facet of our lives and society. The world of international trade is certainly no exception. Businesses and governments alike have had to figure out how to continue import and export operations while accounting for the risks present in the current trading climate. Challenges that importers and exporters have faced include: 1) dramatic demand spikes for certain goods, 2) equally dramatic crashes in demand for other goods, 3) significant back-ups of inflowing shipments at key ports, 4) an increase in trade restrictions and other barriers to trade, and 5) contractions in trade volumes, just to name a few.

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Hong Kong’s Initiates Dispute Regarding U.S.-Origin Marking Requirement

Co-Authored by Sharath Patil

What Happened

On October 30, 2021, Hong Kong, China requested consultations with the United States regarding U.S. measures affecting origin markings on goods imported from Hong Kong to the United States. On November 24, 2020, the United States and Hong Kong held consultations on the matter. On January 14, 2021, Hong Kong requested the World Trade Organization (“WTO”) to establish a dispute settlement panel. In response, the WTO established a dispute settlement panel on February 22, 2021.

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