By Jennifer Diaz|2016-03-17T17:46:23-04:00February 17, 2016|Customs Broker, Customs Expert, Events, Expert, Import, Intellectual Property Rights, International Business, International Law, International Trade, IPR, Trademarks and Logos, Pre-compliance|0 Comments
FDA Released Draft Guidance on Prior Notice of Imported Foods
For those of you keeping up with the FDA Food Safety Modernization Act (FSMA), big changes are coming for those in the food industry. We have been keeping you up to date with blogs on updates to FSMA. We have even created an updated website on FDA to help you understand the vast requirements under the FSMA, as well as complying with FDA generally. If you are a foreign manufacturer, processor, packer, storer or holder of food products, you need a U.S. agent, and must register with the FDA – for more information, review www.FDA-USA.com.
The latest news is that the FDA has released the third Edition of the U.S. Food & Drug Administration (FDA) draft guidance titled “Guidance for Industry: Prior Notice of Imported Food Questions and Answers”. Prior notice is just what it sounds like, “notification to the FDA that an article of food, including food for animals, is being imported or offered for import into the United States in advance of the arrival of the article of food at the U.S. border.”
FDA is seeking comments on the draft guidance and addresses questions received since the publication of the second edition of the guidance in May 2004. The guidance also includes information related to the FSMA, which requires additional information to be provided in a prior notice of imported food submitted to the FDA. The FSMA included a new Prior Notice element, now the FDA requires a person submitting prior notice of […]
Trade Day is Coming to Miami!
Trade Day is coming to Miami, courtesy of U.S. Customs and Border Protection, (CBP) on April 2, 2014. The ports of Champlain, Boston, Savannah, Buffalo and Detroit have held Trade Day (some already twice) and we are thrilled CBP’s Port of Miami is bringing Trade Day to us.
This is the time to take advantage. Importers, exporters, customhouse brokers, freight forwarders and all other interested parties in the international trade community – if you have been looking for an informal opportunity to meet one-on-one with government officials that are responsible for processing and facilitating trade related import transactions and enforcing the various Free Trade Agreements and trade laws, this is your chance.
If you missed the 2014 CBP Trade Symposium (which was fantastic), this is your opportunity to ask questions about CBP’s new Commissioner, What’s going on with developments with ACE, How CEE’s are going, What the status is of the “Trusted Trader” program, Will GSP be renewed in 2014, and much more!
In various ports, other government agencies (OGA’s) like FDA, CPSC, USPTO, HSI and F&W join the port for Trade Day, we hope Miami brings these important OGA’s for you to ask questions of.
Make sure to put this date and time in your calendar.
- Wednesday, April 2, 2014 from 9:00 am – 12:00 pm.
Trade Day will be held in the main lobby of the Cargo Clearance Center (CCC), located at […]
ACI’s Import Compliance & Enforcement Conference,
The American Conference Institute will be having its 8th Import Compliance and Enforcement Conference on June 11, 2013, in Washington DC. The conference will consist of two days full of lectures discussing highly complex U.S. import compliance challenges, along with how to satisfy Canadian and Mexican customs authorities. Unlike previous conferences, this unique event is designed to provide attendees with a comprehensive benchmarking experience, where participants can exchange best practices and lessons learned for 2013 and beyond. Some of the most notable industry experts that will be present are Chrystler, Hershey, Williams-Sonoma, Boeing, IBM, General Electric, Cisco, Tyco and yours truly.
This event is uniquely designed to maximize benchmarking on how to resolve the most complex, pressing import compliance issues affecting the industry. The new program features for 2013 are:
- Two highly focused sessions on valuation and transfer pricing:
- ISA member case studies: New and longstanding members speak about their recent experiences, and how to meet ISA requirements.
- Inside a focused assessment: Lessons learned from recent experiences on how to handle common and unanticipated CBP requests
- CTPAT and Foreign Re-Validations: Meeting new expectations for CTPAT risk assessments, and how the new EU Mutual Recognition Agreement affects importer validation requirements
- NAFTA, CAFTA, and US-Korea – FTA success stories:
- The finer points to minimizing duties, fees, taxes, red tape, and proving origin
- Developing a global strategy for customs classification and tariff engineering.
One of the most notable topics discussed will be broker selection and management. I have the privilege to discuss important aspects within […]
Customs Broker License Denial for Poor Credit History
Hundreds of people apply every year to become a customs broker. Customs brokers are licensed by U.S. Customs and Border Protection (CBP). The process requires passing a rigorous multiple choice examination, and then passing a background investigation. For many applicants who successfully pass the examination, they are denied a license because the background investigation revealed a poor credit history and rating.
Although the application to be a customs broker is submitted to the local port, the decision letter granting or denying a broker license is issued by Allen Gina, Assistant Commissioner, Office of International Trade, CBP Headquarters in Washington, D.C. A typical denial letter would state:
After careful evaluation of the information obtained from the background investigation, we must deny your application due to your financial history.
The denial letter always cites the CBP regulation at 19 CFR 111.16 – a failure to establish the business integrity and good character of the applicant. Fortunately, the letter also cites 19 CFR 111.17 which provides the right of appeal of the denial of the customs broker license.
The appeal must be filed, in writing, and submitted to Mr. Gina no later than 60 days from the date of the denial letter. The appeal must persuasively argue why the applicant has business integrity and good character. For example, if the applicant went through a divorce, and the former spouse failed to pay certain bills which negatively affected the applicant’s credit history and rating, that is an important fact that must be argued, and documented, in the appeal.
There are […]
