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Incoterms 2020

posted by Jennifer Diaz June 3, 2021 0 comments

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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Best PracticesChina Trade WarCustoms ExpertEnforcementExportImportInternational BusinessInternational LawInternational TradeU.S. Customs and Border Protection (CBP)U.S. Trade Representative (USTR)

An Introduction to Safeguard Investigations

posted by Jennifer Diaz May 6, 2021 1 Comment

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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The CAPTA List – An Introduction

posted by Jennifer Diaz April 15, 2021 0 comments

Co-Authored by Sharath Patil

What’s the CAPTA List?

The Correspondent Account or Payable-Through Account Sanctions List (“CAPTA” List”) is a list maintained by the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”). The CAPTA List identifies foreign financial institutions that are prohibited or in some way restricted from maintaining a correspondent account or a payable-through account in the United States.

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Future of First Sale Rule in Question

posted by Jennifer Diaz April 6, 2021 0 comments

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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Best PracticesChina Trade WarCustoms ExpertEnforcementExportImport AlertInternational BusinessInternational LawInternational TradeU.S. Customs and Border Protection (CBP)

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

posted by Jennifer Diaz March 17, 2021 1 Comment

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

posted by Jennifer Diaz March 12, 2021 0 comments

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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U.S.-Cuba Trade under Trump vs. Biden

posted by Jennifer Diaz December 21, 2020 0 comments

Co-Authored by Sharath Patil

U.S.-Cuba Trade under Trump

Since the early 1960s, the U.S. maintained a policy of economic sanctions towards Cuba. The U.S. policy sought to isolate the Cuban government. In 2014, the Obama administration significantly changed U.S. trade and economic policies towards Cuba by restoring diplomatic relations, rescinding Cuba’s designation as a state sponsor of terror, and permitting increased trade between the two countries. This period was known as the Cuban Thaw.

However, under President Trump’s administration, the Obama administration’s efforts to normalize relations have been rolled back. In November 2017, the Trump administration restricted financial transactions with entities controlled by the Cuban government. Furthermore, many new entities have been added to the Cuba restricted list under the Trump administration. As of 2019, the Trump administration has more or less abandoned engagement with the Cuban government, and has opted instead to increase sanctions based on Cuba’s human rights violations and its support of the Venezuelan government under Nicolas Maduro.

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Best PracticesChina Trade WarCustoms ExpertEnforcementEventsExportImportImport AlertInternational BusinessInternational LawInternational TradeU.S. Department of Labor (DOL)

USMCA Comment Opportunity – Due Dec. 31

posted by Jennifer Diaz December 15, 2020 0 comments

Co-Authored by Sharath Patil

USMCA Background

The U.S.-Mexico-Canada Agreement (“USMCA”) is a free trade agreement that replaced the North American Free Trade Agreement (“NAFTA”) and entered into force on July 1, 2020. The USMCA enjoyed significant bipartisan support and was widely considered a successful effort at “modernizing” NAFTA.

From a labor perspective, the USMCA contains much stronger provisions than its predecessor. Rather than comprising enforceable labor provisions, NAFTA was accompanied by a labor side agreement which only listed guiding principles pertaining to workers’ rights. On the other hand, the USMCA comprises an enforceable chapter dedicated to labor containing strong provisions in favor of workers rights.

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Strengthening the Public Health Industrial Base Comment Opportunity Due December 23, 2020

posted by Jennifer Diaz December 10, 2020 0 comments

Co-Authored by Sharath Patil

Weaknesses in the Public Health Industrial Base

Critical technology shortages have been a focus of President Trump’s trade and industrial policies. In an October 2020 report on the topic, the Trump administration identified medical and public health technologies as a key sector in which the U.S. needs to do more to protect and cultivate its technological advantage. According to some analysts, the COVID-19 pandemic has demonstrated that the United States’ public health industrial base is overly reliant on imports for critical medical and pharmaceutical needs. The first few months of the pandemic were characterized by significant shortages of key medical supplies such as ventilators and personal protective equipment. However, this overreliance pre-dated the pandemic. For example, in October 2019, the U.S. Food and Drug Administration (“FDA”) estimated that the United States accounts for only 28 percent of global active pharmaceutical ingredient (“API”) manufacturing facilities and that 80 percent of APIs consumed in the United States are produced abroad, the majority in China and India.

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Election 2020: Trump v. Biden on Trade

posted by Jennifer Diaz November 3, 2020 1 Comment

Co-Authored by Sharath Patil

Introduction
The 2020 election is one for the record books. At the time of this writing, states have adapted at least in part to mail-in voting systems and voter turnout is booming despite the ongoing public health emergency. There’s another less obvious reason why the 2020 election is unique: it may be the first election in which U.S. trade policy has been a key issue on the debate stage. What does Trump’s record on trade look like? How do Trump and Biden’s trade platforms compare? We will discuss each of these issues, in turn.

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