2014 - Page 3 of 6 - Customs & International Trade Law Firm

No Pre-Compliance, No Refund For You!

CBP issued a message to trade, and guidance document titled “Post Importation Claims for Preferential Tariff Treatment.”

The purpose of this message is to provide guidance to the trade community concerning acceptable methods for submission of post-importation preference claims, in light of certain judicial decisions. This message is consistent with a memorandum from the Office of International Trade to field offices sent on August 11, 2014.

BACKGROUND

Historically, importers have used various post-importation mechanisms to claim duty preferences under various free trade agreements, trade preference legislation, and certain tariff provisions in Chapter 98, Harmonized Tariff Schedule of the United States. These mechanisms include Post-Entry Amendments (PEAs), Post Summary Corrections (PSCs), protests in 19 USC 1514 and post-importation claims in 19 USC 1520(d).

Several court decisions1 have held that the protest mechanism set forth in 19 USC 1514 may not be used to make a preference claim, inasmuch as the liquidation of an entry “as entered” (without a claim) is not a “protestable decision”. Headquarters Ruling Letter H193959, dated July 30, 2012, also discussed the court cases’ holding limiting use of protests for preference claims.

However, the implementing legislation for several preference programs specifically provides for post-importation claims, set forth in 19 USC 1520(d), and such claims are the only appropriate mechanism to seek preference when not claimed at the time of entry. This legislation allows post-importation claims for a one-year period after the date of importation.

Customs and Border Protection has completed a review concerning which methods are available to make claims after entry for […]

By Jennifer Diaz|2021-03-26T14:35:09-04:00August 15, 2014|Pre-compliance|0 Comments

Jennifer Diaz Teaches Two Medical Device Seminars at FIME

I’m pleased to be back for my fourth year teaching at FIME! For those of you that don’t know, FIME was rated the #1 medical show in the USA by Successful Meetings Magazine. FIME runs from August 6-8, 2014 at the Miami Beach Convention Center. You still have limited time to register to attend the conference and my seminars! This year, I’ll be presenting two seminars, both on August 6, 2014. The two topics are:

10:00 a.m. – “How to Effectively Resolve Typical U.S. Food and Drug Administration (FDA) and U.S. Customs and Border Protection (CBP) Issues for Medical Devices”
12:00 p.m. – “Streamlining the Process – How to Expedite Clearance of Your Medical Devices with U.S. Food and Drug Administration (FDA) and U.S. Customs and Border Protection (CBP)”

After attending this seminar, you will know how to effectively operate your business with a new understanding of how to effectively resolve the “worst case scenarios” and importantly, you will learn what compliance is necessary so you can expedite the clearance of your goods. We will discuss how we handle everyday examples of difficult issues with both the U.S. Food and Drug Administration (FDA) and U.S. Customs and Border Protection (CBP). FDA issues include what to do if you receive a “Notice of FDA Action” stating that a medical device is adulterated or misbranded and will be refused admission into the United States, or a “Warning Letter” that could potential state you must stop producing certain medical devices because they are […]

By Jennifer Diaz|2022-07-08T16:52:19-04:00August 1, 2014|U.S. Food and Drug Administration (FDA)|0 Comments

Time to Register – 2014 C-TPAT Conference

It’s officially time to register for the 2014 CTPAT National Conference.

Despite substantial scrutiny and restriction due to Department of Homeland Security (DHS) guidelines for government sponsored conferences, a scaled back CTPAT conference will go on. This year’s theme will be “CTPAT: Partnering in Supply Chain Security and Facilitation for the 21^st Century. Here’s what you need to know:

Where: The 2014 CTPAT National Conference will be held in San Antonio, TX at the JW Marriott in San Antonio Hill Country.

When: August 26 and 27 OR 27, and 28, 2014. As in recent years, the format will be a workshop day on August 26th, and general session day on August 27th and a second workshop day on August 28th. When registering for the event, you will be asked to select either session A (workshop day of August 26th and general session day of August 27th) or session B (general session day of August 27th and workshop day of August 28th).

Registration: July 23rd, 2014 at 1200 Noon EST. Registration will be first come, first serve as it has been in the past. The registration fee is $104.00 U.S. dollars and must be made online prior to arriving at the seminar. The links for registration are:

Session A – August 26 and 27

Session B – August 27 and 28

Here is the schedule:

Schedule
Monday, […]

By Jennifer Diaz|2022-07-08T16:45:18-04:00July 22, 2014|CTPAT, Import, U.S. Customs and Border Protection (CBP)|0 Comments

Exports from China are on the Rise – What is your IPR Plan?

On April 11, amid a high demand for soccer apparel in preparation for FIFA World Cup, U.S. Customs and Border Protection (CBP) seized counterfeit soccer apparel shipped from China to the Port of Savannah. The value of the seized goods exceeded $1 million in manufacturer’s suggested retail price (MSRP). The apparel seized contained counterfeit trademarks of the following professional soccer clubs: Arsenal, Barcelona, Celtic, Chelsea, Mexican Federation, Paris Saint-Germain, and Real Madrid. Little did they know they should have tried to import Germany’s soccer club’s apparel. “You look at that Chelsea patch, and it just looks off,” said Steve Sapp, a spokesman for U.S. Customs and Border Protection. “The last B is smaller than the rest, and that’s the kind of thing you often see with these counterfeit goods. Our investigators know the signs that these goods aren’t real.” Both images are provided below for you to see for yourself – check out the extra space at the top, and the “u” in club.

This month, CBP again seized a shipment of counterfeit soccer apparel from China. This time, the shipment arrived in San Juan, Puerto Rico and the apparel consisted of Brazilian, Italian and Argentinian national soccer clubs’ uniforms. “The trade in these illegitimate goods is associated with smuggling and other criminal activities, and often funds criminal enterprises”, stated Area Port Director Juan Hurtado. The apparel shipped to Puerto Rico violated the intellectual property rights (IPRs) of Puma, Adidas and Nike.

With exports from China rising, protecting intellectual […]

By Jennifer Diaz|2022-07-08T16:46:57-04:00July 17, 2014|China, China Trade War, Intellectual Property Rights, International Business, International Law, International Trade, Seizure, Supply Chain, U.S. Customs and Border Protection (CBP)|0 Comments

FDA Helps Small Businesses Get Ready for New “Gluten-Free” Labeling Requirements

Wheat Stalk 100% Gluten Free Label Vector Illustration

According to the FDA, approximately 3 million people (or 1 in 133 people) in the United States have celiac disease (CD), including me. While there is currently no cure for CD, unfortunately, individuals who have the disease are advised to follow a strict gluten-free diet. Over time, the continued ingestion of gluten by Celiacs triggers the production of antibodies that attack and damage the lining of the small intestine. Such damage hinders the absorption of nutrients, which leads to an array of severe health issues. This makes truthful gluten-free labeling essential for a Celiac’s survival, and celiac’s like me ecstatic that the “gluten-free” claim will be enforced, come August 5, 2014. If you manufacturer a food product, and are not ready to comply, read on.

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By Jennifer Diaz|2021-03-26T14:09:13-04:00July 8, 2014|Best Practices, FDA Issues, Food, FSMA, Gluten Free|0 Comments

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