Customs Undervaluation – It’s a Crime

Customs Valuation is a procedure to determine the customs value of imported goods. The customs value is essential to calculate the total duty to be paid on an imported good. As part of its agreement with the World Trade Organization (“WTO”), the U.S. is part of an internationally standardized system of valuing imports. This standardized system allows for CBP to protect revenue, ensure reasonable care from importers, and accurately calculate Census trade statistics. Accordingly, it is critical to declare the value of importations accurately and compliantly. 

The U.S. Customs and Border Protection (CBP) valuation methodology (as well as a summary of relevant Customs rulings) are described in detail in the Valuation Encyclopedia (i.e., the best resource on valuation inquiries). CBP permits merchandise to be valued according to one of the six valuation methods listed below. The methods are applied sequentially from first to last until an applicable value is determined. If the first method does not apply, the importer must then evaluate the second, and so on, until an appropriate method applies. The only exception to this sequential evaluation requirement is when evaluating between deductive value and computed value – an importer may choose to use the computed value before the deductive value.

Methods of Valuation:

  1. The transaction value of imported merchandise (the majority of imports use transaction value – i.e., the price paid or payable plus assists (see below))
  2. The transaction value of identical merchandise
  3. The transaction value of similar merchandise
  4. Deductive value
  5. Computed […]

Bloomberg: What is an Importer’s ‘Reasonable Care’ Standard?

Diaz Trade Law’s President, Jennifer Diaz, is enthusiastic to announce Bloomberg Law published another one of our articles, “What is an Importer’s ‘Reasonable Care’ Standard“! We want to thank law student Isha C. Biswas for her amazing support in getting this article to the finish line!

Many mistake the ease of importing to mean there is no liability or obligation on the part of the importer. In our perfect world this article would be required reading PRIOR to importing where importers would learn about their OBLIGATION to use reasonable care when importing, and actually learn what reasonable care means. This article digs in and gives away TONS of practical guidance. Below is the article reproduced with permission for your reading pleasure. 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 and urge you to SHARE with importers!!

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By |2022-05-10T12:41:41-04:00May 10, 2022|Bloomberg, Bloomberg Import, Import, International Law, International Trade, Reasonable Care|Comments Off on Bloomberg: What is an Importer’s ‘Reasonable Care’ Standard?

Draft Guidance on Medical Device Transition Period

In response to the COVID-19 Pandemic, the FDA took unprecedented action in transforming its enforcement because of the declaration of a Public Health Emergency while also issuing, and continuing, Emergency Use Authorizations. These governmental actions facilitated and increased the importation of necessary medical devices needed to combat the pandemic here in the United States. And now as the U.S. relaxes its pandemic protocol, the FDA is exploring the best way to have medical devices transition back to pre-pandemic regulations and protocol. On December 23, 2021, the FDA issued two draft guidance documents in the Federal Register detailing its proposed medical device transition plans for all medical devices previously imported under the two aforementioned government declarations. And to provide further assistance, the FDA hosted a webinar “Draft Guidances on Transition Plans for COVID-19 Related Medical Devices” providing further explanations to the trade community on what can be expected from the proposed transition plans.

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By |2022-03-10T11:56:55-05:00March 15, 2022|COVID-19, Import, Medical Devices, PPE, U.S. Food and Drug Administration (FDA)|Comments Off on Draft Guidance on Medical Device Transition Period

Complying with Russia-Related Sanctions?

As the U.S. government and the governments of many other countries continue to sanction Russia and Belarus for the Russian invasion into Ukraine, companies around the world are grappling with the consequences that comes with the escalating economic restrictions placed on conducting business in the region. Here at Diaz Trade Law we are working to keep you up to date on all relevant sanction activity and what it could mean for you and your business.

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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
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