2011 - Page 5 of 7 - Customs & International Trade Law Firm

Todd Owen – U.S. Customs Commissioner Bersin’s Hand-Picked Leader in Los Angeles

In my recent blog post entitled “The 3 Dirty Words Unspoken by U.S. Customs Commissioner Bersin”, I had advised that U.S. Customs and Border Protection Commissioner Alan Bersin had established some priorities. One of the most prominent action steps already implemented by Commissioner Bersin was to reassign Todd Owen from his position as Executive Director for Cargo and Conveyance Security at CBP Headquarters in Washington, D.C. to become the new Director of Field Operations in Los Angeles, California.

In his former role, Mr. Owen was responsible for all cargo security programs and policies for CBP, including the National Targeting Center-Cargo, and the 100% scanning initiative. In Mr. Owen’s new position, he now has the responsibility over LAX, the ports of Los Angeles and Long Beach, as well as Las Vegas International Airport. 45% of the maritime cargo which enters the U.S. does so through LA/Long Beach. By comparison, the next largest port is Port Elizabeth, at 11%. LAX is also the second largest international airport behind JFK.

Many people first got to know Todd when he was appointed Director of the Customs-Trade Partnership Against Terrorism (CTPAT), a position which he served from January 2005 to May 2006. Todd has also held the position of Area Port Director in New Orleans, positions with CBP in Miami and Ft. Lauderdale, Florida, and started his career in 1990 as an Import Specialist in Cleveland, Ohio. In addition to his impressive career achievements at CBP, he has excelled academically too. Mr. Owen is a career member of the Senior Executive Service, […]

By Jennifer Diaz|2021-04-09T12:53:46-04:00April 10, 2011|U.S. Customs and Border Protection (CBP)|0 Comments

The 3 Dirty Words Unspoken by U.S. Customs Commissioner Bersin

At the annual meeting of the National Customs Brokers and Forwarders Association of America in Phoenix, Arizona, on April 4, 2011, U.S. Customs and Border Protection Commissioner Alan Bersin gave a surprisingly frank speech. He used the familiar phrases of “global supply chain security,” the need “to protect the homeland from dangerous people and dangerous things,” and “risk management”. Only after he finished 60 minutes of speaking did I realize that he omitted saying the three dirty words that were the bedrock of every CBP Commissioner since the tragic events of 9/11.

Those three dirty words are “terrorism,” “counter-terrorism,” and “anti-terrorism.” In a radical departure from prior leaders of CBP, Commissioner Bersin stated:

We need to drive transaction costs down 10-15% to become more competitive with China, Brazil, and India…I need your help in making this happen.

I was shocked! Did I really just hear the top manager of the primary border enforcement agency for the United States talk about business and not terrorism? If you were surprised by that, then the next quote will really grab you. Commissioner Bersin described the international transportation process for both importing and exporting as “a series of bureaucratic mazes.”

I have met and talked with every Commissioner since Carol Hallett in 1989, , and have never heard such candid, outspoken, and straightforward talk from a Commissioner as I had heard yesterday.

Commissioner Bersin said that with 60,000 CBP employees and a $11.5 billion annual budget, he has 3 priorities.

1. Re-establishing the credibility between CBP and the international trade community. To […]

By Jennifer Diaz|2021-04-09T12:53:56-04:00April 5, 2011|U.S. Customs and Border Protection (CBP)|0 Comments

International Boston Seafood Show – LIVE!

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.

By Jennifer Diaz|2021-04-09T12:54:01-04:00March 22, 2011|Events, FDA Issues, Food, Import Alert, U.S. Customs and Border Protection (CBP)|0 Comments

Seafood Fraud

In 2010, Americans consumed almost 6 billions pounds of seafood. The U.S. Food and Drug Administration (FDA) is responsible for ensuring that the nation’s food supply, including seafood, is safe, wholesome, and properly labeled. That is a tough task considering 80% of the seafood we eat is imported from countries all over the world. Unfortunately, the reality is that seafood fraud is common. Moreover, it can have not only economic, but food safety, consequences.

According to a February 2009 GAO Report provided to the United States Congress which criticized the FDA for its lack of enforcement:

The most common types of seafood fraud are:

1. shipping products through an intermediary country to avoid customs duties (transshipping),

2. adding excess amounts of water or ice to the seafood to increase its weight (over-treating),

3. substituting a different species of seafood for the species listed on the label (species substitution), and

4. including less seafood in a package than indicated by the label (short-weighting).

Read this typical January 20, 2011 Press Release from the U.S. Department of Justice regarding a company that pled guilty to false labeling of imported fish. Read this typical Warning Letter from the FDA against a seafood company for misbranding its shrimp.

The Food Safety Modernization Act, signed into law in January 2011, is a step in the right direction to give the FDA the legal authority to prevent, not just respond to, seafood fraud. As FDA Commissioner Margaret Hamburg stated in a recent press release:

This law represents a sea change for food safety in America, bringing a new […]

By Jennifer Diaz|2015-12-01T01:57:56-05:00March 9, 2011|FDA Issues, Food|0 Comments

TSA 100% Air Cargo Screening Update – 6 Months Later?

On Thursday, March 10, 2011, from 12 noon to 1:30 p.m. EST will be a webinar hosted by the National Customs Brokers and Forwarders Association of America. Shippers, indirect air carriers (IACs) or freight forwarders, and international airlines will benefit from learning about the newest policies and requirements by the Transportation Security Administration (TSA). Sign up here to take advantage of this webinar opportunity.

A quick chronology is important. On Aug. 3, 2007, President Bush signed into law the Implementing Recommendations of the 9/11 Commission Act of 2007 (9/11 Act). The 9/11 Act required TSA to establish a system for the air cargo industry to screen 100% of cargo transported on passenger aircraft in the United States at the piece level. That goal was achieved in August 2010.

This webinar is a natural follow-up to my April 7, 2010 blog post entitled “TSA 100% CARGO SCREENING RULE EFFECTIVE AUGUST 1, 2010.” It is just over 6 months since the TSA had implemented its 100% cargo screening requirement, so it’s time for a check-up. While Marc Rossi will focus on the operational requirements of 100% air cargo screening as part of the Certified Cargo Screening Program (CCSP), I will focus on the legal requirements of the TSA for IACs, as well as explain how to respond to a TSA Letter of Investigation and a TSA Notice of Proposed Penalty for any alleged failure to comply with some TSA requirement.

The 100% Air Cargo Screening by TSA – How’s it Going 6 Months Later? webinar is sponsored by […]

By Jennifer Diaz|2015-12-28T14:21:03-05:00March 3, 2011|TSA|0 Comments

Previous 456 Next