HELP US CELEBRATE 2018 SUCCESSES!

DTL saved clients MILLIONS of dollars in 2018, below we share some of success stories with you. We look forward to assisting you in 2019! U.S. Customs & Border Protection (CBP)

• Successfully assisted numerous importers in various seizure cases to assist in getting property returned, despite CBP claims merchandise was drug paraphernalia, counterfeit, etc.

Deadline Approaching - A Snapshot of Section 301 Duties & Your Options!

The trade war has kept members in the trade industry on their toes – here is a recap.

Effective Dates: 

For importers being hit by additional duties it is crucial to know when the additional duties are effective and must be paid. USTR has now issued three lists under 301 Section Trade Remedies. We urge importers to clearly understand which list their products are subject to and develop a business plan on how to prepare for additional import costs.

Dietary Supplement Labeling Do’s and Don’ts

You don’t want to miss this one! The U.S. Food and Drug Administration (FDA)’s top rationales for detention of dietary supplements include non-compliant labeling, products subject to an Import Alert, unauthorized claims, and more. Consistently, we encounter dietary supplements with outrageous claims turning the intended use of the products into “drugs” instead of Supplements. In this webinar we will explore the confusion surrounding suitable structure/function claims versus disease claims made on Dietary Supplements and the nuances involved behind the FDA’s approach of deciding what constitutes a valid claim. Participants will also what’s required on a dietary supplement label, best practices and how to handle FDA enforcement actions, and much more! Don’t delay, RSVP Today!

Drug Paraphernalia, Priority Trade Initiatives, & Forced Labor

You don’t want to miss this one!

What: Drug Paraphernalia, Priority Trade Initiatives, & Forced Labor - An Update on CBP Enforcement

When: November 27th, 2018, 12:00PM-1:00PM EST

RSVP TODAY!

BRIDGING THE GAP - EMPOWERING BUSINESSES TO GO GLOBAL (October 24-25, 2018 - Nairobi, Kenya)

As President of OWIT International, I am honored to invite you to participate in our 18th Annual World Conference!!

In response to global demand and burgeoning trends in trade modernization, OWIT International is bringing back its 18th Annual World Conference. In recognition of Nairobi’s vast potential to engage in global trade, OWIT International has selected its OWIT Chapter in Nairobi, Kenya as the host for this year’s annual conference. On October 24-25, 2018, OWIT members around the globe will converge with supporters and experts in their field to empower both the local community and business leaders throughout the world. Day One will be comprised of a capacity-building workshop for local women entrepreneurs seeking to take their business across borders. Day Two is a conference for trade practitioners and policy makers from around the world for discussing best practices, what’s next for the future of trade, and what women’s roles should be in that future. Day 3 will be the first ever OPEN OWIT Board Meeting where we will discuss what it takes to start an OWIT chapter and best practices for existing chapters. Of course, we are making this a week to remember, so it also includes a safari!

REGISTER TODAY!

Deadline Approaching - Why Should Your Product Not Be on The 301 List!

We have been working hard to keep you up to date on the current Trade War between the United States and China.China has taken retaliatory actions against the United States in response to the first wave of additional U.S. duties that became effective on July 6, 2018. The United States is gearing up to impose a second round of 10% additional duties on approximately $200 billion worth of products of Chinese origin. The USTR has also been directed to consider levying a 25% tariff on these $200 billion worth of Chinese imports - thereby increasing the 10% to 25%.

Now, you have the ability to tell USTR why your products should not be on the 301 List.

Chinese Telecom Giant, ZTE, Faced with Largest Penalty Ever Levied

In our previous post, we discussed ZTE’s record penalty for selling technology with US-origin chips to North Korea and Iran, in violation of US trade laws. The company initially received a $1.19 billion in penalties and was ordered to reprimand the executives responsible for the malfeasance's as a condition to re-enter the United States (US) market after a three-year suspension. Despite telling the US government that the guilty executives had been properly punished, it became clear that they were instead rewarded with bonuses. This violation triggered an automatic ban of ZTE from the US market for seven (7) years. As the 4^th largest seller of cell phones to the US, the ban on ZTE serves as a means of protecting American production.

After the announcement, the ensuing backlash from Beijing, as well as trade talks in China, President Trump stated that he and Chinese president Xi Jiping are working together to bring ZTE “back into business”.

Now, the Trump administration threw a metaphorical lifeline to this tech giant, seemingly easing tensions with Beijing. Secretary Ross announced a $1.4 Billion dollar settlement with ZTE.

ZTE has agreed to severe additional penalties and compliance measures to replace the U.S. Commerce Department’s Bureau of Industry and Security (BIS) denial order imposed as a result of ZTE’s violations of its March 2017 settlement agreement.  Under the new agreement, ZTE must pay $1 billion and place an additional $400 million in suspended penalty money in escrow before BIS will remove ZTE from the Denied Persons List. These penalties are in addition to the $892 million in penalties ZTE has already paid to the U.S government under the March 2017 settlement agreement.

The announcement of a deal stirred up controversy in Washington, due to the administration’s uncertain stance towards China. The deal provides ZTE the opportunity to buy American parts, so long as it complies with specific parameters. The US not only levied over 1 Billion in penalties against ZTE, but also placed $400 million in escrow, in the event it reneged on the deal. The agreement will be enforced by a handpicked US compliance team, which will serve at the US Commerce Department for the next decade. The team is tasked with overseeing ZTE’s replacement of its entire board of directors, as well as oversight of general compliance.

The conditions set on ZTE to reenter the US are the toughest sanctions ever to be placed on a public or private company. Although the move faced backlash in Washington, “analysts say the ban is likely to have cost ZTE billions of dollars in lost revenue, tarnished its brand and strained its relationships with customers around the world”. As one of the largest and most profitable companies in China, ZTE, touting over 160 corporate and governmental clients worldwide, plays a vital role in the China’s functioning.

The initial announcement of ZTE’s ban, included “Commodity, Software or Technology” products as items prohibited to be sold or exported to ZTE. Effectively, the ban would do more than just tarnish the brand, rather it would have potentially ended ZTE’s ability to function as a mobile electronics production company.

While seemingly gracious for the Chinese government and the Chinese economy, the deal sets a precedent that sanction violators may never face severe consequences. Although the company must pay over $1 Billion in penalties, it was granted a gift. Assuming that they work within the confines of the deal, the penalties will be a minuscule price to pay, while ZTE maintains its position and its prowess.

Will President Trump Impose New Tariffs on Imported Vehicles?

Under the direction of President Trump, U.S. Secretary of Commerce, Wilbur Ross has initiated an investigation under Section 232 of the Trade Expansion Act of 1962, as amended. “The investigation will determine whether imports of automobiles, including SUVs, vans and light trucks, and automotive parts into the United States threaten to impair the national security as defined in Section 232.”

What are the Section 232 Investigations?

FDA Issues New Guidance to Help Food Facilities Meet Registration Requirements

On May 25, 2018, the U.S. Food and Drug Administration issued a Small Entity Compliance Guide (SECG) to help food facilities meet their registration requirements under the Federal Food, Drug, and Cosmetic Act (FD&C Act).

The FD&C Act requires food facilities engaged in manufacturing/processing, packing, or holding of food for human or animal consumption in the United States to register with the FDA. The Food Safety Modernization Act (FSMA) added new registration provisions to the FD&C Act. In 2016, FDA issued a final rule to reflect these changes, which include the following:

• Facilities are required to provide FDA with assurance that they will be permitted to inspect their facility (in accordance with the FD&C Act).
• Facilities are required to renew their registration every other year.
• FDA now has the authority to suspend a facility’s registration.

Under the 2016 final rule, additional information is also required that supports FDA’s ability to respond quickly to food-related emergencies and that will also help the agency more efficiently use the resources it has for inspections.

The SECG explains which types of facilities are required to register, and when and how to do that. The guide also explains the consequences for facilities that fail to register or to renew their registration as required. In addition, the guide explains when FDA can suspend a facility’s registration and the effect of a suspension order. To further assist small facilities, the SECG includes an “At-a-Glance” that summarizes all of the key information in the document.

Diaz Trade Consulting provides both registration and U.S. Agent services to food facilities. To register or find more information about registration, owners and operators of facilities should visit www.FDA-USA.com. For More Information check out the Draft Guidance for Industry: Questions and Answers Regarding Food Facility Registration (7th Edition)-Revised.

Top International Law Blogs To Follow in 2018

We're ecstatic to announce Diaz Trade Law's Customs and International Trade Law blog was included in TOP 30 International Law Blogs! We were chosen from thousands of International Law blogs on the web using search and social metrics because we actively work to educate, inspire, and empower our readers with frequent updates and high-quality information.

REGISTRATION OPEN - 2018 CBP Trade Symposium

U.S. Customs and Border Protection announced that the 2018 Trade Symposium will be held on August 14-15,  2018 at the Marriott Marquis in Atlanta, GA. Registration opened today Tuesday, May 29^th at 12:00 p.m. EST.  This year's symposium will include discussions on:

International Trade Day - May 23, 2018 - Port Miami

Miami World Trade Week is all about showcasing the importance of international trade, logistics, services and port operations to the South Florida economy and promotes Miami as the “Trade & Logistics Hub of the Americas”. World Trade Week includes a full of International Trade information at International Trade Day hosted by the World Trade Center Miami and U.S. Customs and Border Protection (CBP).

Over 300 international executives representing more than 150 companies have registered to attend. Top officials from CBP and other participating government agencies (e.g.  FDA, USDA, APHIS, PPQ, USFWS, CPSC, etc.) will be present and respond to your questions.

ZTE Barred by U.S. Government & ZTE Fights Back!

Background

China-based Zhongxing Telecommunications Equipment Corporation and ZTE Kangxun Telecommunications Ltd (collectively “ZTE”) entered a guilty plea and agreed to pay a combined penalty up to $1.19 billion to settle criminal and civil allegations that ZTE violated U.S. export control laws and U.S. sanctions by illegally shipping U.S.-origin items to Iran.

The record-breaking settlement agreement was with the U.S. Department of Treasury’s Office of Foreign Assets Control (“OFAC”), the U.S. Department of Justice (“DOJ”), and the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”). The penalty assessed against ZTE included a $100,871,266 civil monetary penalty imposed by OFAC; a $430,488,798 in combined criminal fines and forfeitures; and a $661,000,000 penalty payable to BIS, of which $300,000,000 were suspended for a seven-year probationary period.

CBP Now Issuing Penalties for Wood Packaging Material Violations

Due to the increase in penalties for wood packaging material (WPM) violations – we thought it important to remind the importing community that CBP is issuing WPM penalties and the background as to why.

On September 25, 2017, CBP issued Cargo Systems Messaging Service (CSMS) #17-000609 informing importers of CBP’s intent to issue penalties for wood packaging material violations. In the message, CBP states all wood packaging material (WPM) imported into the United States must have been treated at the place of origin, and contain the appropriate marking upon importation.  CBP is trying to “prevent the introduction of exotic timber pests,” and is encouraging the importing community to look towards alternatives to WPM and to educate your supply chains about ISPM 15 requirements.

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

On the Brink of a Trade War: Trump’s New Tariff Plan on Chinese Imports

The Trump administration has engaged in a trade showdown with China, targeting more than $50 billion worth of products.  The administration’s actions are the result of investigations under Section 301 of the Trade Act of 1974 (“Section 301”) and Section 232 of the Trade Expansion Act of 1962 (“Section 232”). 

Section 301 

OFAC Increases Civil Monetary Penalties

On March 19, 2018, the Office of Foreign Assets Control (OFAC) adjusted its maximum civil monetary penalties for inflation (per the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015). The rationale for this increase is to maintain and improve the effectiveness and deterrent effect of civil monetary penalties. Any increase applies to penalties assessed after the effective date regardless of whether the violation occurred prior to such date. 

How much did civil monetary penalties increase?

Increases to penalties were assessed as follows:

• Violations of the Terrorism Risk Insurance Program will be assessed a maximum penalty of $1,360,525 up from $1,333,312.
• As codified at 31 C.F.R. § 598.701, any violation of the Foreign Narcotics Kingpin Designation Act and the Foreign Narcotics Kingpin Sanctions Regulations will be assessed a maximum penalty of $1,466,485 – increasing from its previous maximum penalty of $1,437,153.

• A penalty amounting to the greater of $295,141 or twice the amount of the underlying transaction will be assessed for a violation of the International Emergency Economic Powers Act and any of the following:
  • Iranian Assets Control Regulations
  • Narcotics Trafficking Sanctions Regulations
  • Sudanese Sanctions Regulations
  • Weapons of Mass Destruction Trade Control Regulations
  • Zimbabwe Sanctions Regulations
  • Syrian Sanctions Regulations
  • Cote d’Ivoire Sanctions Regulations
  • Weapons of Mass Destruction Proliferators Sanctions Regulations
  • Darfur Sanctions Regulations
  • Democratic Republic of the Congo Sanctions Regulations
  • Belarus Sanctions Regulations
  • Lebanon Sanctions Regulations
  • Hizballah Financial Sanctions Regulations
  • Iraq Stabilization and insurgency Sanctions Regulations
  • Magnitsky Act Sanctions Regulations
  • Western Balkans Stabilization Regulations
  • Global Terrorism Sanctions Regulations
  • Terrorism Sanctions Regulations.

• Violations of the Foreign Terrorist Organizations Sanctions Regulations will be assessed a penalty amounting to the greater of $77,909 or twice the amount of which a financial institution was required to retain possession or control pursuant to 31 C.F.R. § 597.701(b).
• A penalty of $86,976 per violation on any person violating any license, order, or regulation issued under the Trading with the Enemy Act (TWEA), as codified at 31 C.F.R. § 501.701.
• Finally, any violation of the Clean Diamond Trade Act and the Rough Diamonds Control Regulations will be assessed a penalty of $13,333, up from $13,066.

To read the final rule, click here: OFAC Final Rule on Inflation Adjustment of Civil Monetary Penalties.  For more information about this announcement please contact us at 305-456-3830 or via email at info@diaztradelaw.com.

Making E-Commerce Safer: CBP Releases New E-Commerce Strategy

On December 1, 2016, we wrote about U.S. Customs and Border Protection’s (CBP) new E-Commerce and Small Business Branch, which was created to help consumers and merchants safely navigate the complexities associated with the steady rise of global e-commerce. CBP defines e-commerce as high-volume, low-value shipments purchased via electronic means. E-commerce shipments pose the same health, safety, and economic security risks as containerized shipments, but the volume is higher and growing. Additionally, transnational criminal organizations are shipping illicit goods to the U.S. via small packages due to a perceived lower interdiction risk and less severe consequences if the package is interdicted. 

In an effort to combat those risks and have a stronger trade posture in the e-commerce environment, the CBP released its e-commerce strategy. The new e-commerce strategy addresses the growing volume of imported small packages and the challenges it presents for the U.S. economy and security. 

 The strategy includes efforts to educate the public and trade community to ensure they understand their responsibilities as importers to comply with customs regulations. 

What New Challenges Does E-Commerce Pose to the U.S.

What Keeps You Up at Night - Webinars for Compliance Professionals

We took a poll to capture ALL of the topics that you wanted to learn about and decided to host 8 webinars for compliance professionals (FREE for clients) with leading experts on topics ranging from Importing 101/201, Exporting 201, to CTPAT, and FDA Compliance and more!

Check out our complete list of topics, and click on the topic for more information on the specific learning objectives of each webinar and your expert speakers.

Did I mention that clients of Diaz Trade Law and Diaz Trade Consulting join for FREE? Please email info@diaztradelaw.com for your code!

A Smoother Road to Exporting Vehicles: CBP’s New Electronic Validation Export Program

In our previous post “Knowing The Rules Of The Road: Exporting Cars From The U.S.”, we discussed CBP’s laws and regulations that must be followed to successfully export vehicles from the United States to foreign destinations. Failure to do so could result in the imposition of severe penalties — up to $10,000. Additionally, we provided a quick guide on how to export your vehicle form the United States, which provided all the documents required to successfully export your vehicle.

My Freight Forwarder Is Requesting A Shipper’s Letter of Instruction, Now What?

Clients who export often ask us for guidance on whether to complete a Shipper’s Letter of Instruction (SLI). It’s important for our readers to understand the benefits of correctly completing the SLI provided to you by your freight forwarder.

The main benefit of an SLI is federal regulatory compliance! Prior to your goods being exported, Foreign Trade Regulations require a freight forwarder to transmit certain information to U.S. Customs and Border Protection on your behalf. To efficiently gather the required authorizations to act on your behalf and the information needed to be transmitted, the trade community developed a SLI.

FDA Takes New Steps in Oversight of Imported Foods

FDA announced that it has recognized the first accreditation body under the voluntary Accredited Third-Party Certification Program created by the FDA Food Safety Modernization Act (FSMA). The organization being recognized is ANSI-ASQ National Accreditation Board (ANAB), an organization jointly owned by the American National Standards Institute (ANSI) and the American Society for Quality (ASQ) based in Milwaukee, Wisconsin. This organization is being recognized because it met the applicable FDA requirements, validated through application review and on-site assessment.  FDA is recognizing ANAB for a five year term of recognition. (For more information on FDA’s standards for recognition, see: Key Facts about the Accredited Third-Party Certification Program)

FDA Announces Enforcement Discretion Under FSMA

On January 4, 2011, Congress enacted the Food Safety Modernization Act (FSMA), aiming to protect the public by ensuring the U.S. food supply is safe through prevention and enforcement. The FSMA included seven foundational rules, which we summarized in our FSMA: Stay Compliant with DTL’s ‘PICTURE’! blog.

Food Importers – Want to Expedite Your Importations with FDA?

 On January 2, 2018, FDA announced that it expects to begin accepting applications in early 2018 for its Voluntary Qualified Importer Program (VQIP), which we first advised you of back in 2015. VQIP is a voluntary, fee-based program for importers that will allow expedited review and importation of human and animal foods into the United States for approved applicants who achieve and maintain a high level of control over the safety and security of their supply chains. Below are the most important VQIP questions and answers from the FDA.

2018 Seminars - We Want to Hear from YOU!

DTL is Planning Our 2018 Seminars AND WANTS YOUR Input!!

We want our 2018 Seminars to answer the import/export questions you have! Please provide your

comments by voting below!

Please VOTE here! 

If you have any specific comments you want to share with us, please email us at info@diaztradelaw.com.

Help Us Celebrate 2017 Successes!

DTL saved clients MILLIONS of dollars in 2017, below we list a summary of some of our compliance successes! Let us assist you in 2018!

U.S. Customs & Border Protection (CBP)

• Assisted importers in filing prior disclosures that were accepted by CBP and/or DOC and avoiding substantial penalties.
• Assisted importers in successfully responding to CBP 28’s and 29’s resulting in close outs, and no further enforcement action by CBP!
• Assisted importers in creating and maintaining pre-compliance programs to evaluate intellectual property rights and pre-report merchandise to CBP resulting in expedited entry into the U.S. with no delays or examinations by CBP.

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:

1. 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,

OWIT International President to Host OWIT South Florida Breakfast

Our very own Diaz Trade Law President, Jennifer Diaz, is also the newly elected President of the Organization of Women in International Trade (OWIT). OWIT International was established in 1989 and is a global association for women in international trade and business. Our 2,000-plus members impact hundreds of millions of dollars in trade and business transactions annually. OWIT’s focus is on adding value to our corporate, mid-sized, small business and individual members around the world. OWIT serves as the unifying body of a network of chapters spanning the globe in the Americas, Western Europe, and Africa.

OWIT South Florida (the premier networking organization in South Florida for women and men involved in international trade and business) is one of 22 chapters of OWIT around the globe. OWIT South Florida has numerous events throughout the year. Diaz Trade Law is proud to host the next breakfast event at our office. Don't miss it!

Recap of the CBP East Coast Trade Symposium (& UPDATED Dates for 2018!)

As you know (for those of you who have been following our blog), U.S. Customs and Border Protection (CBP) held its annual East Coast Trade Symposium on December 5-6, 2017, in Atlanta, GA. Below summarizes the panels I attended, would love your thoughts if you were there. For those that couldn’t make it – hope below proves useful as a summary for you!

The event kicked off with Brenda B. Smith, CBP’s Office of Trade Executive Assistant Commissioner, introducing CBP’s trade strategy and the four important lanes CBP is focusing on: