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Best Practices

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File Your Petitions Timely, Or Else…

As of January 9, 2013, Customs and Border Protection (CBP) is making procrastinators pay the price for filing untimely petitions that seek relief from liquidated damages. CBP amended it’s guidelines for the cancellation and mitigation of claims for liquidated damages in cases where petitioners are late in filing claims for relief. Additionally, CBP also changed the formula for calculating late petition mitigation.

Current Rule for Timely Petitions

Under the existing regulatory authority, in order to be considered timely, petitions for relief in response to claims for liquidated damages must be filed:

•A. By bond principals within 60 days from the date of mailing of the notice of liquidated damages (see 19 C.F.R. 172.3(b)) or any lawful extension thereof; or

•B. By sureties within 60 days of the demand for payment by CBP (see 19 C.F.R. 172.4) or any lawful extension thereof.

When circumstances so warrant, extensions of the time period to file a petition may be granted by the FP&F Officer (FPFO) if such an extension of time is requested during the 60-day period available for timely filing a petition (see 19 C.F.R. 172.3(c)). The amendment to the current rule does not allow a petition for relief to be considered if it is filed after (a) the commencement of sanctioning action against the bond principal or (b) the issuance of a notice to show cause against the surety.

A party responsible for a liquidated damages claim may submit […]

By |2013-04-08T13:12:00-04:00April 8, 2013|Best Practices, Liquidated damages, U.S. Customs and Border Protection (CBP)|0 Comments
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FDA Discusses TOP Reasons for Detention of Goods

At today’s Import Operations Training, sponsored by the U.S. Food and Drug Administration (FDA) and the Florida Customs Brokers and Forwarders Association (FCBF), top officials from FDA traveled to Miami to educate importers and brokers. Topics ranged from a general overview of FDA compliance, TOP rationales for FDA detentions, Food Safety and Modernization Act (FSMA) updates, an overview of the newly re-organized (now DIO) Division of Import Operations (formerly DIOP – policy has now been removed), an overview of CBP & FDA’s Joint Team 488 – which handles liquidated damages claims for underlying FDA violations and much more. Highlights of the TOP rationale for detentions follows, as I feel this is of most value to you to know and is arranged by commodity.

Food Products Top Rationales for Detention

•Manufacturer (processor, packer or person holding food product) is not registered with the FDA pursuant to the Bioterrorism Act. (You can Register with the FDA here: www.FDA-USA.com)

•Low Acid Canned Foods (LACF) are imported without establishment registration (FCE #) or scheduled process (SID #)

•The products are subject to an Import Alert

•Product labeling is not compliant (FDA does not pre-approve food labeling, it is up to importers to assure it is compliant before importing)

•Common labeling violations include:

1.Label is not in English

2.Incorrect or missing statement of identity

3.Failure to list allergens

4.Failure to declare ingredients

5.Failure to include a proper “Nutrition Facts” label (incorrect formats […]

By |2013-03-21T00:56:00-04:00March 21, 2013|Best Practices, FDA Notice of Detention, FSMA, Import, Import Alert, U.S. Food and Drug Administration (FDA)|1 Comment
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File Your Petitions Timely, Or Else…

As of January 9, 2013, Customs and Border Protection (CBP) is making procrastinators pay the price for filing untimely petitions that seek relief from liquidated damages. CBP amended it’s guidelines for the cancellation and mitigation of claims for liquidated damages in cases where petitioners are late in filing claims for relief. Additionally, CBP also changed the formula for calculating late petition mitigation.

Current Rule for Timely Petitions

Under the existing regulatory authority, in order to be considered timely, petitions for relief in response to claims for liquidated damages must be filed:

  • A.    By bond principals within 60 days from the date of mailing of the notice of liquidated damages (see 19 C.F.R. 172.3(b)) or any lawful extension thereof; or
  • B.     By sureties within 60 days of the demand for payment by CBP (see 19 C.F.R. 172.4) or any lawful extension thereof.

When circumstances so warrant, extensions of the time period to file a petition may be granted by the FP&F Officer (FPFO) if such an extension of time is requested during the 60-day period available for timely filing a petition (see 19 C.F.R. 172.3(c)). The amendment to the current rule does not allow a petition for relief to be considered if it is filed after (a) the commencement of sanctioning action against the bond principal or (b) the issuance of a notice to show cause against the surety.

A party responsible for a liquidated damages claim may submit an offer in compromise to CBP pursuant to 19 U.S.C. § 1617 […]

By |2022-07-07T09:46:14-04:00March 6, 2013|Best Practices, U.S. Customs and Border Protection (CBP)|0 Comments
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Jennifer Diaz Speaks After Dominic Veneziano at Global Clinical Sourcing & Supply Summit

 

I’m thrilled to be included as a speaker in the upcoming Global Clinical Sourcing and Supply Summit in Philadelphia.  I’ve included all the pertinent details about the summit and even a discount for you, my loyal readers!

WHAT: Global Clinical Sourcing and Supply Summit.  Includes a FDA Address by Domenic Veneziano, Director of FDA’s Division of Import Operations and Policy, and Industry Perspectives by speakers from Merck, Novartis Pharmaceuticals Corporation, AstraZeneca, and much more. The full agenda may be seen here.

WHEN: March 4-5, 2013

WHERE: Radisson Plaza – Warwick Hotel, Philadelphia, PA

WHO: You will benefit by attending if you are a Vice President, Director, Manager, or other Senior Executive from a pharmaceutical or biotech company with responsibilities in: Clinical Supplies, Supply Chain Planning and Forecasting, Clinical Labeling, Clinical Sourcing, Procurement, Investigational Materials, Global Logistics, Clinical Contracting, Clinical Packaging

WHY: My portion of the Summit will cover an update on current import and export control, discussion of free trade agreements in place and top trading partners, top tips to utilize when importing or exporting to assure compliance with federal government laws and regulations, and how to effectively resolve issues from U.S. Customs and Border Protection (CBP) when importing.

To give you EVEN MORE of an incentive, email me for the Promo Code to save $500 off the registration fee!  Offer expires on March 4, 2013 – so don’t delay!

If that’s not enough for you, I leave you with an additional TOP 10 Reasons to Attend:

  1. Hear directly from the FDA on Import processes and requirements
  2. Optimize your communication strategies […]
By |2022-07-07T09:42:59-04:00February 27, 2013|Best Practices, Events, Export, FDA Issues, Speaking, U.S Department of Homeland Security (DHS), U.S. Customs and Border Protection (CBP)|0 Comments
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