reasonable care Archives | Customs & International Trade Law Blog

International Trade Today: CBP Policy Change Makes Extensions for Prior Disclosures More Difficult

Diaz Trade Law’s President, Jennifer Diaz is enthusiastic to announce International Trade Today featured her perspective in their recent article, “CBP Policy Change Makes Extensions for Prior Disclosures More Difficult, Lawyer Says“! Below is the article reproduced for your reading pleasure. You can read the article here (where you’ll have the ability to access the link to the CBP guidance).

A previous article written by Jen and Sharath focuses on how to successfully submit a prior disclosure (PD) to Customs and Border Protection, along with details known of CBP’s new timing requirements, which had not been circulated publicly (prior to our FOIA request). We truly feel CBP’s new deadlines place a burden on importers that must be considered PRIOR to filing a PD. If you are considering filing a Prior Disclosure – PLEASE communicate with counsel first.

Please note you cannot click on the hyperlink below. We’d love to hear your feedback!

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By Jennifer Diaz|2022-06-24T09:56:02-04:00June 24, 2022|Import, International Trade, Pre-compliance, Prior Disclosures, Reasonable Care, U.S. Customs and Border Protection (CBP)|1 Comment

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 Jennifer Diaz|2022-05-10T12:41:41-04:00May 10, 2022|Bloomberg, Bloomberg Import, Import, International Law, International Trade, Reasonable Care|Comments Off

Customs Valuation 101

What is Valuation and Why Does it Matter? 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. Because there was a need for the international community to have a standardized system for valuing imports, many nations became signatories to a World Trade Organization (“WTO”) agreement that established valuation norms known as the Tokyo Round Valuation Code (later amended into the WTO Agreement on Implementation of Article VII of the GATT 1994).

The United States was a signatory to these treaties and currently maintains and enforces a rigorous valuation system. The U.S. Customs valuation methodology (as well as a summary of relevant Customs rulings) are described in detail in the Valuation Encyclopedia. A common customs valuation standard is important because it ensures that:

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By Jennifer Diaz|2021-10-07T14:38:05-04:00August 17, 2021|Enforcement, Import, International Trade, Penalty, Pre-compliance, Reasonable Care, Supply Chain, U.S. Customs and Border Protection (CBP)|Comments Off

CBP, BIS, and Other Agencies Launch A New Task Force to Combat Counterfeit Goods

The Department of Homeland Security (DHS) published a press release announcing a new multi-agency task force, The Global Trade Task Force (GTTF), which is designed to protect national security and combat counterfeit goods. The multi-agency task force was launched recently in Detroit and DHS believes the task force could serve as a national model for related investigations.

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By Jennifer Diaz|2021-10-29T15:01:32-04:00March 21, 2019|Best Practices, Enforcement, Import, International Trade, Investigation, Reasonable Care, Seizures, U.S. Customs and Border Protection (CBP)|3 Comments

CBP ISSUES WITHHOLD RELEASE ORDER TARGETING TUNA HARVESTED WITH FORCED LABOR

Effective February 4, 2019, Customs and Border Protection (CBP) has ordered the detention at all U.S. ports of entry of tuna and any such merchandise manufactured wholly or in part by the Tunago No. 61, which is a fishing vessel owned by Tunago Fishery Co., LTD a company located in Vanuatu. According to the CBP press release of February 6, 2019, importers of detained shipments are provided an opportunity to export their goods or demonstrate that they were not produced with forced labor. The Tariff Act of 1930 (19 U.S.C. § 1307) bans imports of merchandise or food produced in whole or at least in part by forced labor, including convict labor, forced child labor, and indentured labor.

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By Jennifer Diaz|2021-10-29T15:03:04-04:00March 7, 2019|Best Practices, Food, Import, International Law, International Trade, Reasonable Care, Seizures, U.S. Customs and Border Protection (CBP)|1 Comment

Should You Get a Binding Ruling?

What is a Binding Ruling?

Pursuant to the Customs Modernization Act, when importing merchandise into the U.S., it is now the responsibility of the importer of record to use “reasonable care” to “enter,” “classify,” and “value” the goods and provide any other information necessary to enable U.S. Customs and Border Protection (CBP) to properly assess duties, collect accurate statistics, and determine whether all other applicable legal requirements are met.

A binding ruing request can be extremely beneficial to importers, because it can provide them with certainty regarding concerns they may have about their merchandise. […]

By Jennifer Diaz|2021-10-29T15:26:10-04:00July 30, 2018|Best Practices, Customs Broker, Import, U.S. Customs and Border Protection (CBP)|4 Comments

Right to Make Entry: Are You Entitled to Import Goods?

Prior to importing goods into the U.S. -it is essential to confirm that the Importer of Record listed on the entry actually has the “Right to Make Entry”.

Who is entitled to make entry of goods?

Under U.S. law, the right to make entry for goods is held only by the importer of record.

The term importer of record, provided under Section 484 of the United States Code, was amended by Public Law 97-446. Under those provisions, the importer of record is defined as […]

By Jennifer Diaz|2021-11-03T15:41:03-04:00April 11, 2018|Customs Broker, Import, International Trade, U.S. Customs and Border Protection (CBP)|7 Comments

Advanced Importing & Exporting Webinars – RSVP Today!

Whether you are a new or experienced importer or exporter, the next 2 webinars are essential!

When do you get to hear the ins and outs of CBP audits from a former CBP auditor?
When do you get to hear a customs broker share with you the tips and tools you need to ensure your broker has your back?
When do you get to hear from a Board Certified Expert on actual horror stories and when its in your best interest to file a Disclosure?

RSVP now to join our Importing 201 and Exporting 201 webinars. And don’t forget to check out all of our upcoming webinars! […]

By Jennifer Diaz|2022-07-06T16:00:15-04:00April 6, 2018|Customs Broker, Events, Import, Import Alert, International Business, International Law, International Trade, Speaking, U.S. Customs and Border Protection (CBP), U.S. Food and Drug Administration (FDA)|Comments Off

Your Cheat Sheet to Comply With CBP’s Forced Labor Requirements

We recently advised our readers of the 12 Questions on Forced Labor the import community must answer in order to comply with U.S. Customs and Border Protection’s (CBP) amended Reasonable Care Checklist. This checklist was released September 2017 to:

Comply with the informed compliance requirement of Title VI of the North American Free Trade Agreement Implementation Act (Pub. L. 103-182, 107 Stat. 2057) (Mod Act) and,
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By Jennifer Diaz|2021-11-05T14:51:26-04:00January 11, 2018|Best Practices, Import, U.S. Customs and Border Protection (CBP)|4 Comments

Importers: If you Can’t Answer These 12 Questions on Forced Labor You’re In Trouble!

An estimated 40.3 million people were living in modern slavery at any moment in time in 2016. This amounts to 5.4 victims of modern slavery for every thousand people in the world. Seventy three per cent of the victims of forced labor were female, and one in four victims were children. Forced labor accounted for 24.9 million people, while 15.4 million were in forced marriage.

What is the U.S. Doing About It? […]