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Call 305-456-3830 or email info@diaztradelaw.com.

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So far Jennifer Diaz has created 1131 blog entries.

Customs and Trade News Weekly Snapshot

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

 Customs and Border Protection (CBP) 

  • CBP issued guidance on the modifications made to the Section 301 China Tariff Four Year Review, increasing tariff rates on five subheadings of the Harmonized Tariff Schedule of the United States (HTSUS). 
  • CBP issued a proposed rule that would mandate the submission of more detailed electronic export manifest (EEM) data for cargo leaving the U.S. by rail. 
  • CBP officers seized several shipments of counterfeit Tiffany & Co. Pieces. If genuine, the merchandise would have an estimated total Manufacturer Suggested Retail Price (MSRP) value of approximately $29,989. 
  • CBP officers seized 22,000 counterfeit Pennsylvania vehicle inspection stickers that were shipped from Israel to an address in Philadelphia. The fake inspection stickers were assessed at $1,404,700, had they been authentic. 

Bureau of Industry and Security (BIS) 

  • BIS issued an advance notice of proposed rulemaking (ANPRM) seeking public comment to inform a potential rule that would impose restrictions on Chinese drones. 
  • BIS published its Export Enforcement 2024 Year in Review Report.
By |2025-01-10T14:47:07-05:00January 10, 2025|news, Snapshot|0 Comments
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FDA Issues New Rules on Use of the Term “Healthy” on Food Labeling

On December 19, 2024, the FDA announced a final rule to update the criteria that food must meet to qualify for use of the claim “healthy”.

New Requirements

To meet the updated criteria, a food product needs to:

  1. Contain a certain amount of food from at least one of the food groups or subgroups (such as fruit, vegetables, grains, fat-free and low-fat dairy and protein foods) recommended by the Dietary Guidelines for Americans, and
  2. Meet specific limits for added sugars, saturated fat and sodium.

The criteria vary for individual food products.

Under the new rule, nutrient-dense foods that are encouraged by the Dietary Guidelines with no added ingredients automatically qualify for the “healthy” claim. These include:

  • Vegetables
  • Fruits
  • Whole grains
  • Fat-free and low-fat dairy
  • Lean game meat
  • Seafood
  • Eggs
  • Beans
  • Peas
  • Lentils
  • Nuts
  • Seeds

Products that do not qualify for the healthy label under the updated rule include:

  • Fortified white bread
  • Highly sweetened yogurt
  • Highly sweetened cereal

These changes reflect current nutrition science and dietary guidance in the Dietary Guidelines for Americans.

What Food Manufacturers Should Do

The rule is effective February 25, 2025, and the compliance date of the rule is February 25, 2028. In preparation for the compliance date, food manufacturers should review their products to ensure that any product that uses a “healthy” label meets the new criteria. Diaz Trade Law has subject matter FDA expertise and can help you with a proactive compliance plan that meets the new requirements.

Read more:

By |2025-01-10T09:59:17-05:00January 10, 2025|FDA Issues, Food, U.S. Food and Drug Administration (FDA)|0 Comments
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2024: A Year in Review

As we wrap up this extraordinary year, we want to take a moment to thank you for your trust, collaboration, and support. This year was marked by significant milestones and meaningful accomplishments, including saving our clients MILLIONS of dollars.

We look forward to working with you in 2025! 

Top 2024 Success Stories

Assisted Numerous Importers in Filing Prior Disclosures

  • Diaz Trade Law submitted numerous prior disclosures to CBP on behalf clients. CBP considered the admission of the false statements made at the time of entry as violations of Title 19, United States Code, Section 1592. However, Diaz Trade Law’s claim for prior disclosure treatment was successful and no further penalty was assessed by CBP.

 Binding Ruling Requests

  • An importer of sports equipment retained Diaz Trade Law to submit a binding ruling request to CBP. We drafted a persuasive binding ruling request and CBP agreed with our classification and issued a binding ruling reflecting the proposed HTS classification.
  • Diaz Trade Law requested a binding ruling on behalf of our client on a valuation-related inquiry. CBP agreed with our assessment and provided a binding ruling agreeing that transaction value was an acceptable formula and any adjustments to that value can be made via reconciliation.

 CPSC, EPA, and FDA Detention Assistance

  • The U.S. Consumer Product Safety Commission (CPSC) detained our client’s imported goods. CPSC found the goods to be violative and recommended Diaz Trade Law reviewed the case and received authorization from CBP to recondition the goods. CPSC released the goods saving our client from an unnecessary and costly seizure.
  • The […]
By |2024-12-27T12:20:29-05:00December 27, 2024|news|0 Comments
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Customs and Trade News Weekly Snapshot

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

Customs and Border Protection (CBP) 

  • CBP released the November 2024 monthly update. Highlights: 
    • Identified estimated duties of nearly $6.97 billion to be collected 
    • Stopped 669 shipments for further examination based on the suspected use of forced labor 
    • Seized 1,532 shipments that contained counterfeit goods 
  • CBP issued a ruling stating that food that was denied entry but can be reconditioned to meet FDA requirements isn’t prohibited merchandise, so it isn’t eligible for a refund if it’s exported or destroyed. 
  • CBP officers in Louisville seized four shipments containing 962 pieces of counterfeit designer watches, bracelets, necklaces, and earrings.  
  • CBP published updated draft Cargo Release CATAIR, draft Global Business Identifier Enrollment Create-Update, GBI Enrollment GO Status Notification, and GBI Condition Codes documents to its website. 

Bureau of Industry and Security (BIS) 

  • BIS imposed a $180,000 mitigated penalty against Indium Corporation for 11 exports of electronics manufacturing components to […]
By |2024-12-28T12:05:02-05:00December 26, 2024|Snapshot|0 Comments
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Clock Ticking: Potential Government Shutdown on the Horizon

Government funding will lapse at midnight on Friday, December 20 absent Congressional action. With a number of contentious issues still at play including the debt limit, disaster aid funding, and pay raises for lawmakers, a shutdown is looking more and more likely.

Below is a breakdown of how key agencies will be impacted by a lapse in funding.

U.S. Customs and Border Protection

According to the Department of Homeland Security’s contingency plan, cargo inspection functions at ports of entry will remain active during a shutdown. However, certain activities such as training and auditing are not required to be carried out during this time. In addition, back-office support positions are not likely to be deemed essential and will be furloughed. Refunds, audits, ruling requests, etc. would be delayed until the shutdown ends.

There remains uncertainty around which specific offices will be deemed essential. For example, Forced Labor Communications may be furloughed, resulting in delays in reviewing Enforce and Protect Act (EAPA) and Uyghur Forced Labor Prevention Act (UFLPA) allegations.

U.S. Department of Commerce

According to the Department of Commerce’s contingency plan, some International Trade Administration (ITA) activities such as trade policy negotiations will be considered necessary for national security and will operate during a shutdown.

However, many other activities are not likely to be deemed essential. For example, in the last shutdown in 2019, the ITA and the Bureau of Industry and Security operated with a significantly reduced staff and budget. All antidumping and countervailing duty (AD/CVD) investigations and administrative proceedings will stop.

U.S. Department of Treasury

Under the Department of Treasury’s 

By |2024-12-20T17:15:35-05:00December 20, 2024|news|0 Comments
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