Best Practices

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

Do You Know the Top 10 Tips When Importing?

Do you know the top 10 tips when importing to ensure compliance? If not, here’s why you should listen to my Compliance Online webinar that took place on June 27, 2013 at 10:00 a.m., EST.

If you import merchandise into the U.S., you are the responsible party and must be aware your requirements and potential liability. In this presentation, we will discuss how to comply with U.S. Customs and Border Protection’s (CBP’s) vast laws and regulations. By the end of the webinar you will know and understand the importance of:

  • Tariff classification;
  • Customs valuation;
  • Country of origin marking;
  • Intellectual Property Rights (IPR) Protection and CBP Enforcement; and
  • Free Trade Agreements (FTA) you should be taking advantage of.

You will also learn basic customs concepts and terms like:

  • CBP Form 3461 & CBP 7501;
  • Protests;
  • Seizure cases;
  • Liquidated damage claims, Penalties/Fines;
  • Prior disclosure; and
  • FP&F Petition Process.

Learn key best practices and hear real life case studies. Learn what to do, and more importantly, what NOT to do, and what the consequences are for non compliance.

To hear the recorded version of this webinar, that took place on June 27, 2013, click here.

Florida Companies Convicted and Sentenced

Co Authored by Robert Becerra

In another example of the government’s continuing use of the criminal justice system to enforce international trade laws, three Florida companies and their management were recently convicted and sentenced for importing smuggled toys from China containing lead and containing counterfeit trademarks.

LM Import-Export, Inc., Lam’s Investment Corp., and LK Toys Corp., Hung Lam and Isabella Kit Yeung plead guilty to charges of conspiracy to traffic and smuggle toys containing hazardous substances such as lead, and one count of trafficking in counterfeit goods, in violation of 18 U.S.C. Secs. 371 and 2320, respectively. Co-defendant Yeung plead guilty to one misdemeanor count of submitting a false country of origin label, in violation of 19 U.S.C. Sec. 1304(a). The information, or charging document filed in court, against all defendants, as well as the plea agreements for each defendant can be found on the website of the District Court for the Southern District of Florida. (If you have trouble getting these documents, email me and I’d be happy to share them with you).
The facts underlying the charges, as stated in court documents, are that from April, 2000, until May 2011, a span of 11 years, the corporate defendants conspired to sell children’s products imported from China in violation of the Consumer Product Safety Act 15 U.S.C. Sec. 2068, and the Federal Hazardous Substances Act, 15 U.S.C. Sec. 1263. Some of […]

Do You Know the Top 10 Tips When Importing?

 

Do you know the top 10 tips when importing to ensure compliance?  If not, here’s why you should attend my Compliance Online webinar on June 27, 2013 at 10:00 a.m., EST. 

If you import merchandise into the U.S., you are the responsible party and must be aware your requirements and potential liability.  In this presentation, we will discuss how to comply with U.S. Customs and Border Protection’s (CBP’s) vast laws and regulations. By the end of the webinar you will know and understand the importance of:

  • Tariff classification;
  • Customs valuation;
  • Country of origin marking;
  • Intellectual Property Rights (IPR) Protection and CBP Enforcement; and
  • Free Trade Agreements (FTA)  you should be taking advantage of.

You will also learn basic customs concepts and terms like:

  • CBP Form 3461 & CBP 7501;
  • Protests;
  • Seizure cases;
  • Liquidated damage claims, Penalties/Fines;
  • Prior disclosure; and
  • FP&F Petition Process.

Learn key best practices and hear real life case studies. Learn what to do, and more importantly, what NOT to do, and what the consequences are for non compliance.

To register for this webinar on June 27, 2013 at 10:00 EST, click here.

Ready to Travel to Cuba? OFAC Simplifies Process

On April 18, 2013, the Office of Foreign Assets Control (“OFAC”) announced its effort to streamline license processing procedures by accepting requests for licenses, license amendments, and interpretive guidance electronically. This will not only simplify the process for those that wish to travel to Cuba, this new electronic application program can also be used for applications to request the release of blocked funds and much more.

For those that are more “old school” – you still have the opportunity to submit applications by snail mail pursuant to 31 C.F.R. § 501.801.

The new electronic OFAC License Application Page will allow users to apply:

  1. to travel to Cuba (for many, though not all, categories of travel to Cuba);
  2. to export agricultural commodities, medicine, or medical devices to Sudan or Iran pursuant to the Trade Sanctions Reform and Export Enhancement Act of 2000;
  3. for the release of a wire transfer blocked at a U.S. financial institution; and
  4. for a license or interpretive guidance in all other circumstances (referred to generally as Transactional).

For those wishing to travel to Cuba in a jiffy, you must first consult an expert to review and assure you understand the Comprehensive Guidelines for License Applications to Engage in Travel-Related Transactions Involving Cuba.  Once you know that you can apply to OFAC for your specific category of travel – the next step is reviewing the online application page.

Thus far, the electronic form may be used to apply for licenses to travel to Cuba in the following categories […]

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