2009 - Page 2 of 7 - Customs & International Trade Law Firm

I am Not Worried That My Food Is “Safe”, Are You?

The United States Congress is considering legislation to make the food we eat, especially imported food, “safe and secure”. In my opinion, even if our food needs protecting, the proposed legislation only adds to the current Federal bureaucracy. The U.S. Food and Drug Administration (FDA) already has a comprehensive regulatory procedure to stop, examine, and refuse imported food which it considers adulterated or misbranded, or otherwise not fit for human (or animal) consumption. The current FDA system is working very well, and the only achievement of the proposed legislation will be to increase the price of food. We need enforcement of the current laws, not a bunch of new laws.

Granted, there are numerous instances of imported food making people sick, and even causing death. 15% of the food we eat is imported. Nevertheless, the overwhelming number of Americans who get sick or die from consuming food had nothing to do with imported food. You may get sick at your local restaurant with food poisoning because of the poor handling of the food at the restaurant, not because the food came from overseas.

Currently, for any food to enter the United States, the importer must submit an electronic entry to both U.S. Customs and Border Protection and the FDA. The entry information includes the name of the importer, a description of the imported food, the name of its manufacturer, the country of origin, the value, the buyer of the food, and where the food is to be delivered. The requirements of the

By Jennifer Diaz|2015-12-28T14:13:54-05:00November 10, 2009|FDA Issues, Food, Import|0 Comments

U.S. Customs Seized My Merchandise: Now What? / La Aduana de los Estados Unidos Incautó Mi Mercancía: ¿Qué Hago Ahora?

Every day, U.S. Customs and Border Protection officers at the airports, seaports, and other border crossings, stop, examine, detain, and seize merchandise from both travelers and commercial cargo importers and exporters. The process of getting back your property can be a harrowing one fraught with bureaucratic delays. There is, fortunately, a set of rules that U.S. Customs must follow, and knowing those rules will give you an advantage.

Customs officers may examine cargo to look for illegal drugs, counterfeit merchandise, merchandise from a country with which the U.S. has an embargo, food or medical devices not approved by the FDA, or motorcycles not approved by the EPA, just to name a few examples.

While the cargo is being held by U.S. Customs, it is transferred to a Centralized Examination Station (CES) where the cargo is separated and intensively examined by Customs officers. U.S. Customs has 35 days from the date of arrival of the cargo in the United States to detain the merchandise for examination. See 19 CFR 151.16. During that period of time, it is the obligation of U.S. Customs to advise the importer, its customs broker, and/or customs attorney with an explanation for the detention. A written Detention Notice stating the specific reason for the detention should be issued by the U.S. Customs officer.

After 35 days, the Customs Regulations require that the cargo must be seized or released. Unfortunately, this is too often ignored. The problem is that U.S. Customs must rely […]

By Jennifer Diaz|2022-07-08T14:44:31-04:00November 3, 2009|U.S. Customs and Border Protection (CBP)|1 Comment

U.S. Customs – Your Personal Policeman at the Border

Many companies mistakenly believe that registering a trademark or copyright with the U.S. Government provides sufficient protection and remedies, and, therefore, do not take the extra step to record those trademarks or copyrights with U.S. Customs and Border Protection (U.S. Customs).

The processes achieve two completely different goals.

Registering a trademark with the U.S. Patent and Trademark Office (USPTO) or copyright with the U.S. Copyright Office gives public notice of one’s ownership of the trademark or copyright. On the other hand, the purpose of recording a trademark or copyright with U.S. Customs is to partner with the agency in preventing the unauthorized importation of merchandise that bears a recorded trademark or copyright. U.S. Customs prevents counterfeit and otherwise infringing products from entering or exiting the United States for registered trademark or copyright holders who have recorded their trademarks or copyrights with Customs.

U.S. Customs officials may detect infringing merchandise at the time of entry into the United States. When a trademark or copyright is recorded with Customs, the information is entered into an electronic database accessible to U.S. Customs officers around the world. U.S. Customs uses this information to target suspect shipments for the purpose of physically examining merchandise which ultimately prevents the importation or exportation of infringing goods.

Advantages to Recording a Trademark or Copyright with Customs

The first and most obvious advantage to recording a trademark or copyright with […]

By Jennifer Diaz|2021-03-26T14:41:53-04:00November 2, 2009|U.S. Customs and Border Protection (CBP)|0 Comments

FDA’s PREDICT is Coming!

Beware, FDA will soon have a system to track your performance!

FDA will implement PREDICT (Predictive Risk-based Evaluation for Dynamic Import Compliance Targeting and Import Trade Auxiliary Communications System). Although this is likely the longest acronym known to man, I am looking forward to this new system replace OASIS.

PREDICT will be FDA’s system to target higher risk shipments, and will keep track of importers compliance. PREDICT will make it essential for importers to cooperate with brokers in advance, and utilize the “Affirmation of Compliance” section on customs entry forms — which helps provide to FDA a quick mechanism to prove that you are compliant with FDA regulations.

FDA has many outreach events scheduled to get the word out about the new changes coming with PREDICT. The Florida Customs Brokers and Freight Forwarders (FCBF) is assisting to get the word out and has outreach events in Tampa and Miami.

By Jennifer Diaz|2009-11-02T14:00:00-05:00November 2, 2009|U.S. Food and Drug Administration (FDA)|0 Comments

New TSA Penalties and Procedures

Effective August 20, 2009, the new Transportation Security Administration (TSA) regulations increased the maximum amount of its monetary penalties against aircraft operators and freight forwarders/indirect air carriers (IACs) for violations of the Transportation Security Regulations. TSA also made significant change to its Investigative and Enforcement Procedures in 49 CFR Part 1503.

Following the tragic events of September 11, 2001, when the United States was attacked by terrorists, the U.S. Congress and President George Bush quickly passed the Aviation and Transportation Security Act of 2001 which created the Transportation Security Administration (TSA). The primary responsibilities of the TSA was to ensure the security of passengers and cargo in air transportation. Many responsibilities formerly handled by the Federal Aviation Administration (FAA) were transferred to the TSA. After moving from the U.S. Department of Transportation to the U.S. Department of Homeland Security, as part of the Homeland Security Act of 2002, the TSA had its first Administrator to lead the agency, and moved into its current physical headquarters office in Arlington, Virginia.

In a critical U.S. General Accountability Office report entitled “Aviation Security: Vulnerabilities and Potential Improvements for the Air Cargo System,” dated December 2002, the GAO stated:

U.S. air carriers transport billions of tons of cargo each year in both passenger planes and all-cargo planes. Typically, about one-half of the hull of each passenger aircraft is filled with cargo. As a result, any vulnerabilities in the air cargo security system potentially threaten the entire air transport system. Numerous government and industry studies have identified vulnerabilities […]

By Jennifer Diaz|2015-11-30T19:41:42-05:00October 26, 2009|TSA|0 Comments

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