November 2023

Customs and Trade News Weekly Snapshot

Here is a recap of the latest customs and international trade law news:      

Customs and Border Protection (CBP)   

  • The Commercial Customs Operations Advisory Committee (COAC) will hold its quarterly meeting on Wednesday, December 13, 2023, in Washington, DC. The meeting will be open for the public to attend in person or via webinar.  
  • UFLPA detention notifications in ACE cargo release available in certification environment 
    • The ACE Cargo Release Status Notification (V33) document regarding UFLPA can be found here 
  • CBP and HSI cautions on the real dangers of counterfeit and prohibited goods ahead of holidays 
    • The joint engagement with local media is designed to make the public aware of the real dangers of such products and how these products are part of a larger transnational criminal enterprise. 
  • $3.7 million fake Richard Mille watch seized by Cincinnati CBP 
  • Officers at the Buffalo Port of Entry, Peace Bridge warehouse, seized multiple designer items for bearing counterfeit trademarks. 

  Congress 

  • Congress steps […]
By |2023-11-24T15:09:33-05:00November 24, 2023|Snapshot|0 Comments

Customs Valuation 101

Customs valuation is a procedure to determine the customs value of imported goods. The customs value is essential to calculate the total duty to be paid on an imported good and the United States currently maintains and enforces a rigorous valuation system.

Importers are Responsible for Valuations

Customs and Border Protection (CBP) hold the importer of record (IOR) responsible for the accuracy of the declared value. Similar to paying taxes, the onus is on the IOR to know how much to pay, and the the IOR for reporting an incorrect value.

To put it into the words of CBP there’s a “shared responsibility” where the IOR is responsible to know and understand the applicable rules and regulations (and to review CBP’s “informed compliance” publications) and as a result value their imported goods properly. Valuation is part of an importer’s duty to exercise “reasonable care.”

Ensuring the value reported to CBP is accurate is important not just for CBP compliance but also for Census trade data. Valuation information submitted to CBP is utilized by the U.S. Census Bureau to compile trade statistics. Businesses and policymakers rely on this data to make critical business and trade policy decisions.

For more information on U.S. trade data, check out our Introduction to U.S. Trade Databases article.

Valuation Methods

In practice, 90%+ of imports use the transaction value valuation method. The transaction value is “the price actually paid or payable for imported merchandise when sold for exportation to the United States” and certain statutory or dutiable additions. The “price […]

By |2023-11-20T13:19:05-05:00November 20, 2023|Import|0 Comments

Here is a recap of the latest customs and international trade news:

Customs and Border Protection (CBP)   

  • CBP releases October 2023 monthly update. Highlights: 
    • CBP identified nearly $6.8 billion of duties to be collected by the U.S. government. 
    • Stopped 504 shipments valued at more than $199 million for further examination based on the suspected use of forced labor.  
    • Seized 1,499 shipments that contained counterfeit goods valued at more than $160 million if the items had been genuine.  
  • EAPA Actions: 
    • Notice of Investigation and Interim Measures in EAPA Case 7814 – Xanthan Gum from China 
    • Notification of initiation of investigation and interim measures – cast iron soil pipe fittings (CISPF) and cast iron soil pipe (CISP) from the People’s Republic of China 
  • CBP’s Office of Trade’s Broker Management Branch is hosting a webinar on Friday, Dec 15, 2023, at 2:00 p.m. ET titled 2024 Permit Annual User Fee and Triennial Status Report Filing.  
    • The webinar will cover the new […]
By |2023-11-17T17:56:27-05:00November 17, 2023|Snapshot|0 Comments

Customs and Trade News Weekly Snapshot

Here is a recap of the latest customs and international trade law news:     

Customs and Border Protection (CBP)  

  • CBP’s Area Port of Boston announces agreement with operator for a centralized examination station. 
  • Registration for the 2024 Trade Facilitation and Cargo Security Summit will open January 10, 2024 at 12:00 pm ET. 
  • Reminder: ACE entry summary query deployed November 4 which includes the Entry Summary Query enhancement.  
    • The Entry Summary Query enables Automated Broker Interface (ABI) filers to query entry summaries that have been filed in ACE. Additionally, it enables surety companies to query entry summaries for which they have an associated active bond.   
  • Harmonized System Update – start date Nov. 4, 2023: HSU 2313 includes the modifications to HTS records that were recently implemented in Production following Collections Release 7 deployment. 
    • HTS Code: 0802991000 – INSHELL PECANS 
    • HTS Code: 0802991500 – SHELLED PECANS 
    • HTS Code: 0604200020 – FRESH, EVERGREEN CHRISTMAS TREES, DOUGLAS FIR 
    • HTS Code: 0604200040 – FRESH, EVERGREEN CHRISTMAS TREES, FIR EXCEPT DOUGLAS FIR
By |2023-11-10T17:15:34-05:00November 10, 2023|Snapshot|0 Comments

Customs Administrative Enforcement Process: Fines, Penalties, Forfeitures and Liquidated Damages

Diaz Trade Law is enthusiastic to announce Bloomberg Law published another one of our articles! Below is the article reproduced, you can also read here.

All imports and exports are regulated by US Customs and Border Protection (CBP or US Customs; formerly the US Customs Service), which is the largest federal law enforcement agency of the Department of Homeland Security (DHS). The history of CBP and the fines, penalties, and forfeitures (FP&F) process goes back to July 4, 1789. The second Act of the First Congress of the United States was to establish a system of tariffs on imported goods to fund the new federal government. Shortly thereafter, Congress established the U.S. Customs Service and subjected merchandise to fines, penalties, and forfeitures for breaches of the law.

The authority to initiate seizures and impose fines was initially vested in Customs field personnel and all fines, penalties, and forfeitures required judicial enforcement. There was no provision allowing the granting of equitable relief. In 1797, the authority to grant equitable relief was vested in the Secretary of Treasury. Over time, as the Secretary’s responsibilities increased, the authority to remit or mitigate penalties was delegated to subordinate officials in the Department and the Customs Service.

In 2003, the US Customs Service was transitioned to CBP, the nation’s first comprehensive border security agency with a focus on maintaining the integrity of the nation’s boundaries and ports of entry. Today, CBP has full authority—pursuant to delegation of authority—to assess penalties and seize merchandise for violations of customs laws. […]

By |2023-11-07T17:44:02-05:00November 6, 2023|Bloomberg, Bloomberg Import|0 Comments

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