Here’s a Recap of Part II of our #WorldTradeMonth Seminar Series for Compliance Professionals on FDA FSMA and FSVP

Yesterday, we at DTL, had the pleasure of hosting Part II of our #WorldTradeMonth Seminar Series for Compliance Professionals. The second seminar focused on FDA FSMA (Food Safety Modernization Act) Compliance for Importers with expert speakers from the U.S. Food and Drug Administration (FDA) and industry. We had a packed house with an array of attendees such as importers of food, beverages, and medical devices, along with customs brokers, freight forwarders / NVOCCs, lawyers, consultants, and others. We received requests for a re-cap from those who attended and industry members who were not able to attend. You asked and we deliver. Here is our recap:

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U.S. Customs – Your Personal Policeman at the Border

Many companies mistakenly believe that registering a trademark or copyright with the U.S. Government provides sufficient protection and remedies, and, therefore, do not take the extra step to record those trademarks or copyrights with U.S. Customs and Border Protection (U.S. Customs).

The processes achieve two completely different goals.

Registering a trademark with the U.S. Patent and Trademark Office (USPTO) or copyright with the U.S. Copyright Office gives public notice of one’s ownership of the trademark or copyright. On the other hand, the purpose of recording a trademark or copyright with U.S. Customs is to partner with the agency in preventing the unauthorized importation of merchandise that bears a recorded trademark or copyright. U.S. Customs prevents counterfeit and otherwise infringing products from entering or exiting the United States for registered trademark or copyright holders who have recorded their trademarks or copyrights with Customs. […]

Learn About “The ABC’S of Customs Seizures – PLUS Top 10 Tips to Ensure Import Compliance” From the Expert!

The DTL Team wants to ensure you are a compliant with U.S. federal regulations and laws when importing your goods from abroad! Here is your chance to learn directly from our Founder, Jennifer Diaz, about the “dos” and “don’ts” of importing.

 

On Wednesday, September 14th, 2016 from 1:00 pm to 2:00 pm, The Organization for Women in International Trade (OWIT) invites you to a Trade Talk Webinar Program on International Trade Compliance–Register NOW!

Did you know that In FY 2015, 28,865 seizures were for underlying Intellectual Property Rights (IPR) violations? The MSRP of the goods seized was $1,352,495,341! IPR enforcement is a priority trade initiative for U.S. Customs and Border Protection (CBP) and the detention and seizure process is a complicated one. If your merchandise is detained and/or seized, you have options. But more  Learn exactly how you should respond and more importantly how to avoid future problems with CBP.

This event is particularly important for: […]

NEW CBP Pilot Program Focuses on IPR Pre-Compliance

CBP is currently taking volunteers for a brand new Intellectual Property Rights (IPR) voluntary pre-compliance program.  The Journal of Commerce reported on the new pilot program here. Do you agree with my comments?

CBP is asking for 9 volunteer filers to submit IPR Authenticating data via email into the Document Image System (DIS). Approved IPR authentication data may be submitted as documents via a PDF attachment to an email. IPR Authenticating data may be sent by shipment and is open in all shipping modalities.

Participants will  include those who have previously experienced negative IPR violating exams. A great way to get back on CBP’s good side!

What documents is CBP looking for in advance of importation?

 

  • Licensee Agreements
  • Service Agreements
  • Maintenance Agreements
  • Packing Lists
  • Non-commercial invoices
  • Serial Numbers
  • Bar Codes
  • Photos of product, packaging, container seals,

CBP has already begun accepting volunteers – you have a limited time left to submit your company name.

Why volunteer?

CBP anticipates that this process will improve IPR targeting efficiencies, reduce the rate of negative IPR exams, facilitate authorized trade and increase CBP port productivity. Within one year’s time, CBP will conduct an evaluation of Advance Information on negative exam rate (and I was informed they will actually SHARE this data with participants! – you can finally let upper management know your compliance role has a real impact on your supply chain and saves the company time and money).

Importance of Pre-Compliance!

I created an extremely similar program for my clients years ago, where, through our pre-compliance plan, EVERY shipment […]

PortMiami and CBP Join Forces to Bring Back (and Expedite) Transshipment

PortMiami has been working feverishly to bring back transshipment to Miami.

Step one was PortMiami’s outreach to U.S. Customs and Border Protection (CBP).  PortMiami Director Bill Johnson wrote a letter to Acting CBP Commissioner, Thomas Winkowski, dated June 26, 2013, asking CBP to develop a pilot program, “with a transshipment inspection protocol pilot for PortMiami.”

According to PortMiami’s letter to CBP Commission Winkowski,  prior to 9-11, “transhipment made up over 22% of the cargo trade  at PortMiami.” Now, that transshipment cargo goes through Panama, Freeport, and Kingston.

You may be asking, what’s the rationale for the move to other ports away from PortMiami?  The answer, CBP’s increased inspections of transshipment goods, resulting in cargo delays and added expenses.  A specific example is CBP’s intensive examination of goods checking for intellectual property rights violations, and seizing goods that are non-compliant, when alternative ports are not as proactive.  CBP confirmed that after 9-11, almost all transshipment cargo was inspected, now, CBP is down to under 5% (a much more reasonable number).

CBP confirmed that its mission is to protect the nations borders, but, also to “PROMOTE AND EXPEDITE TRADE AND COMMERCE,” which is wonderful to hear from CBP!!

CBP leaders are active on this committee and CBP has 4 lofty goals:

  1. As a result of PortMiami’s efforts, a new task-force has formed, and CBP is actively partnering with PortMiami to ensure its success.  It is called the “Transshipment Committee” and will meet quarterly at PortMiami. Terminal Operators and ALL other […]
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