July 2013

Jen Diaz Honored as Rising Star by DBR

On July 18, 2013, the Daily Business Review (DBR) announced the 40 young Florida lawyers chosen as 2013 Rising Stars by a panel of DBR judges. I’m proud to announce I have been selected as one of the 40 Rising Stars!
The article stated:

Our panel carefully reviewed more than 125 nominations of attorneys 40 years old and under who have established themselves as top contributors to the practice of law and their communities, and are in a position to become tomorrow’s top lawyers and leaders.

See the list of the 40 Rising Star honorees.

Profiles of all the Rising Stars will appear in a DBR special section on Wednesday, Sept. 18, and an event honoring their accomplishments will be held that night from 6 p.m. to 9 p.m., at the Bankers Club in downtown Miami, One Biscayne Tower, Biscayne Room, 14th Floor.
For those who wish to attend the event to honor the Rising Stars, please contact Andre Sutton at asutton@alm.com or (757) 721-9020. The event’s main sponsor is Ice Legal.

Congratulations to the 2013 Rising Stars.

-David Lyons, Editor in Chief
-Chris Mobley, Publisher

I’m honored to have been selected and invite you to join me as we celebrate on September 18th at the Bankers Club.

By |2013-07-19T22:41:00-04:00July 19, 2013|Customs Expert, International Law|0 Comments

BEWARE – Liquidated Damages WILL be Imposed for 10+2 Violations

For those who thought CBP’s “measured and commonsense” approach for those that weren’t fully complying with the Importer Security Filing (ISF or 10+2) rules would last forever, think again!

Effective, July 9, 2013, CBP advised it would start the liquidated damages phase of the Importer Security Filing (ISF) enforcement process. CBP will now make use of the newly activated cargo holds in the Automated Cargo Environment (ACE) system to address non-compliance with the ISF rule. CBP may also withhold the release or transfer of non-compliant ISF shipments at the terminal until the required ISF is filed. For carrier violations of the vessel stow plan requirement, CBP may refuse to grant a permit to unlade the merchandise. Once the ISF data is received and a security assessment is made, additional enforcement actions including a Non-Intrusive Inspection (NII) and/or intrusive exams may be initiated.

Liquidated Damages

CBP may also assess liquidated damages of up to $5,000 per violation for the submission of an inaccurate, incomplete or untimely filing. CBP Dec. 09-26 discusses “Guidelines for the Assessment and Cancellation of Claims for Liquidated Damages for Failure to Comply with the Vessel Stow Plan, Container Status Message, and Importer Security Filing Requirements.”  First violations may be mitigated to $1,000-$2,000 – depending on the presence of aggravating or mitigating factors.  Some mitigating factors for the failure to file a complete, accurate and timely ISF include evidence of progress in the implementation of ISF during the “flexible enforcement period,” small number of violations compared to number of shipments, Tier […]

World Trade Center’s Food & Beverage Seminar YOU CAN’T MISS!

Monday, October 28
Session Title   sort titleSpeaker(s)Handouts
11:00 AM – 12:00 PM
The FDA/’s Food Safety Modernization Act – Top 10 Tips to Comply! Jennifer Diaz
12:30 PM – 1:30 PM
Build Your Brand Overseas With Best-in-Class ICD’s (In Country Distributors)! Alex Ruiz
2:30 PM – 3:30 PM
Cut Your Costs … and Sell More! Stephen Colyer
3:45 PM – 4:45 PM
The Magic Number all Restaurant Owners MUST Know!David Scott Peters
Tuesday, October 29
Session Title   sort titleSpeaker(s)Handouts
10:00 AM – 11:00 AM
How To Design a Menu that Puts Money In Your Pocket! David Scott Peters
11:30 AM – 12:30 PM
Basic/Best Practices for U.S. Importers and […]

Say Goodbye to GSP, ATPA and ATPDEA

The question of the day… Will GSP be extended?  Yes, no, maybe??
July 31, 2013 is the date when the expiration of the Generalized System of Preferences (GSP), Andean Trade Preference and Act  (ATPA) and the Andean Trade Promotion and Drug Eradication Act (ATPDEA) will take place.
Read on to ensure that you get your refunds expeditiously when/if GSP is renewed, likely after July 31, 2013.
CBP’s notice today states:
Barring Congressional action, the Generalized System of Preferences (GSP), special program indicator (SPI) “A” and “A+,” the Andean Trade Preference Act (ATPA), SPI “J,” and the associated Andean Trade Promotion and Drug Eradication Act (ATPDEA), SPI “J+,” are due to expire for goods entered or withdrawn from warehouse after midnight, July 31, 2013.
Special Procedures for GSP-Eligible Goods:
  • Importers should pay the normal trade relations (column 1) duty rate but continue to flag GSP-eligible importations with the applicable SPI (“A” or “A+” until further notice. If the program is renewed with a retroactive clause, use of the SPI will allow CBP to process automatic duty refunds. No corresponding procedure is available for the ATPA or ATPDEA programs. [MAKE SURE YOU DISCUSS THIS WITH YOUR BROKER AND DO SO!]
Clarification for African […]
By |2013-07-12T22:21:00-04:00July 12, 2013|Free Trade Agreement|0 Comments

FDA Proposes New Fees Under FSMA – Comment Now

FDA-user-fee2FDA’s proposed FY2014 budget needs to be analyzed carefully by food importers. FDA needs funding to fully implement FSMA, and a chunk of it will be from you!  On the image to your left, note the new FDA Food Facility Registration and Inspection Fee, and the new FDA  Import fee (among others).  This link and more information is found on the hyperlink provided – go to page 65 of 531.

The facility registration fee would cost small companies $125, midsize companies $500 and large companies $1,000, according to the FDA. The import fee would cost companies $21 per line entry, though there would be exemptions for small importers and a maximum charge for large importers.





By |2015-11-30T13:09:08-05:00July 12, 2013|Best Practices, FDA Issues, FSMA, Import|0 Comments


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