Tag

Legal

China Trade WarCustoms ExpertEnforcementExportImportInternational BusinessInternational TradeReasonable CareSupply ChainU.S. Customs and Border Protection (CBP)

CBP Creates New Online Electronic Vessel Manifest Confidentiality Application

posted by Jennifer Diaz May 22, 2020 1 Comment

Photo Credit: Dr. Richard Sarabia

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.

 

Continue Reading

AD/CVDExportImportInternational LawInternational TradeU.S. Customs and Border Protection (CBP)

PC WIRE STRAND AVAILABILITY AT RISK

posted by Jennifer Diaz April 20, 2020 1 Comment

pcw0

Guest article authored by David Craven, an expert on AD/CVD matters and Martindale-Hubbell A-V rated attorney, who serves Diaz Trade Law clients in an Of Counsel capacity.

Do you use, or are you planning to use PC Wire Strand?

PC Wire Strand is a critical raw material used in the production of pre-stressed concrete. The availability of such a product is now at serious risk, which would make producing pre-stressed concrete difficult and expensive. A trade action has just been filed,  seeking to impose anti-dumping and countervailing duties on imports from fifteen countries (Argentina, Columbia, Egypt, Indonesia, Italy, Malaysia, Netherlands, Saudi Arabia, South Africa, Spain, Taiwan, Tunisia, Turkey, Ukraine and the United Arab Emirates). This investigation is being conducted in parallel by two separate Federal Agencies; The International Trade Commission which decides whether the U.S. industry is being injured by the imports and the U.S. Department of Commerce which decides the amount of any duties.

Continue Reading

ChinaCOVID-19U.S. Trade Representative (USTR)

Section 301 Tariff Updates: USTR Grants Exclusions & Seeks Comments on Products Necessary to Combat COVID-19!

posted by Jennifer Diaz April 17, 2020 0 comments

The Office of the United States Trade Representative (USTR), faced with the current COVID-19 pandemic, has moved quickly to grant numerous exclusion requests in March 2020; many of which are for medical supplies. USTR is also seeking comments from industry on whether products are necessary to combat COVID-19 spread and should be excluded from the additional duties. DTL has assisted clients in submitting comments to the USTR – this is the time to let your voice be heard.

Continue Reading

BloombergChina Trade WarCustoms ExpertExportImportImport AlertInternational TradePPESupply ChainU.S. Customs and Border Protection (CBP)

PPE IMPORTS DURING COVID-19

posted by Jennifer Diaz April 16, 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, “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.

Continue Reading

COVID-19Defense Production ActInternational TradeU.S. Customs and Border Protection (CBP)U.S. Federal Emergency Management Agency (FEMA)

BAN ON PPE EXPORTS UNDER DEFENSE PRODUCTION ACT

posted by Jennifer Diaz April 9, 2020 0 comments

PPPEEEOn March 18, 2020, President Trump issued an Executive Order (EO) focused on Prioritizing and Allocating Health and Medical Resources to Respond to the Spread of COVID-19. This EO stems from authority granted under the Defense Production Act of 1950 (DPA) and seeks to “ensure our healthcare system is able to surge capacity and capability to respond to the spread of COVID-19.”

Continue Reading

Best PracticesCounterfeitsImportInvestigationIPR, Trademarks and LogosSeizuresU.S. Consumer Product Safety Commission (CPSC)U.S. Customs and Border Protection (CBP)

Florida Companies Convicted and Sentenced

posted by Jennifer Diaz June 24, 2013 0 comments

Co Authored by Robert Becerra

In another example of the government’s continuing use of the criminal justice system to enforce international trade laws, three Florida companies and their management were recently convicted and sentenced for importing smuggled toys from China containing lead and containing counterfeit trademarks.

LM Import-Export, Inc., Lam’s Investment Corp., and LK Toys Corp., Hung Lam and Isabella Kit Yeung plead guilty to charges of conspiracy to traffic and smuggle toys containing hazardous substances such as lead, and one count of trafficking in counterfeit goods, in violation of 18 U.S.C. Secs. 371 and 2320, respectively. Co-defendant Yeung plead guilty to one misdemeanor count of submitting a false country of origin label, in violation of 19 U.S.C. Sec. 1304(a). The information, or charging document filed in court, against all defendants, as well as the plea agreements for each defendant can be found on the website of the District Court for the Southern District of Florida. (If you have trouble getting these documents, email me and I’d be happy to share them with you).

The facts underlying the charges, as stated in court documents, are that from April, 2000, until May 2011, a span of 11 years, the corporate defendants conspired to sell children’s products imported from China in violation of the Consumer Product Safety Act 15 U.S.C. Sec. 2068, and the Federal Hazardous Substances Act, 15 U.S.C. Sec. 1263. Some of the toys contained lead, while others presented various hazards such as choking, aspiration or ingestion. The products were imported using false statements on Customs declaration forms and with false country of origin labeling.

Hung Lam was sentenced to 22 months incarceration, 3 years of supervised release and a $10,000 fine. The corporations were sentenced to 5 years of probation. Yeung was sentenced to 1 year probation and a $1,000 fine. An order was entered mandating the forfeiture to the government of $862,500 and all products imported by the defendants that were seized by the government. The press release from the Consumer Products Safety Commission and Department of Justice discussing the case can be found here and here respectively.

This case is extremely important for importers to be familiar with and understand that:

  1. It is vital for importers to retain counsel to assist with pre-compliance before you import.
  2. When you receive any violation notice from the federal government, retain counsel immediately and be sure to address all violations with remedial action and enhanced compliance procedures in an attempt to keep administrative penalties or forfeiture cases from turning into potential criminal matters.
  3. Resolving a civil action through a consent decree with the government does not absolve you of criminal liability.
  4. Once contacted by government officials, retain counsel immediately. Any evidence you provide or any statements you make will be used against you in court.
  5. Repeated misconduct and federal regulatory law violations over a period of years will often result in criminal prosecution of both companies and their individual employees, resulting in federal prison sentences and substantial fines and forfeitures.

 

EventsFoodImport AlertU.S. Customs and Border Protection (CBP)U.S. Food and Drug Administration (FDA)

International Boston Seafood Show – LIVE!

posted by Jennifer Diaz March 22, 2011 0 comments

I am at the final day of the annual International Boston Seafood Show held at the Boston Convention Center. With record attendance and a record number of exhibitors filling the convention center floor with extravagant booths overflowing with shrimp, fish, crab, lobster, and other seafood delectables from all over the world, the Show is a success.   After all, this is the largest seafood show in North and South America.  Perennial exhibitors Pescanova, Inc. and Preferred Freezer Services had the largest and most memorable displays.  In addition to my speaking on the topic of "Food Safety", my law firm exhibited at the Show for the first time, and shared a booth with food testing laboratory, ABC Research Corp.

Serious topics for the educational seminars included "Rebuilding Consumer Confidence in Gulf Seafood," and "Food Safety".   There was significant discussion of aquaculture.  For pure fun, the Show included a new Game Lounge, the 5th Annual Oyster Shucking Competition, the 2nd Annual Tweet & Meet Tweetup, and a keynote address from Wayne Rogers, the actor from the hit series M*A*S*H.