Enforcement Archives - Page 26 of 27 - Customs & International Trade Law Firm

Missed DTL’s seminar on AD/CVD with CBP? Here’s a re-cap.

Yesterday we at DTL had the pleasure of hosting Part 1 of 2 of our Seminar Series for Compliance Professionals. In celebration of #WorldTradeMonth the first seminar concentrated on Antidumping Duties and Countervailing Duties (AD/CVD) with expert speakers from U.S. Customs and Border Protection (CBP). While we had a packed room, we have received requests from industry members who were not able to attend asking for a re-cap. You asked so we delivered!

Here is our re-cap:

The morning kicked off with a networking breakfast where experienced and novice custom brokers, legal counsel, trade consultants, and others were able to engage in meaningful dialogue about overlapping issues they experience in their respective workplaces in dealing with the topic of AD/CVD.

The seminar promptly began at 9:00 am with introductory remarks by our own President, Jennifer Diaz. We had all attendees introduce themselves and include why this seminar was important to attend. We were glad to hear from majority of attendees that their reason for participating was to further their trade education, and CBP wanted to ensure they performed “informed compliance” with the trade community. One attendee commented with “I’m here to continue to learn as that’s what we [customer brokers] are required to do.”

Next, representatives of Miami Free Zone explained their role in international business solutions as they provides users and visitors […]

By Jennifer Diaz|2017-05-11T14:31:14-04:00May 11, 2017|AD/CVD, CBP 28, CBP 29, CEE, Customs Broker, Customs Expert, Enforcement, HTSUS, Import, International Law, International Trade, Pre-compliance, U.S. Customs and Border Protection (CBP)|0 Comments

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. […]

By Jennifer Diaz|2021-12-07T14:53:59-05:00December 6, 2016|China, Counterfeits, Detention, Enforcement, Import, Intellectual Property Rights, International Trade, IPR, Trademarks and Logos, Pre-compliance, U.S. Customs and Border Protection (CBP)|8 Comments

FDA’s Declared War on Sugar

Take a look at any food label. Check out the back panel entitled “Nutrition Facts”. It should look similar to the image on the left. Take a look at the total carbohydrate. In this sample, the total carbs is 37g, with 4g of dietary fiber, and 1g of sugar. That leaves 32g of carbohydrates unaccounted for! What are those carbs you might wonder? Well, a majority of them are added sugars.

On May 20, 2016 the FDA finalized the new Nutrition Facts label final rule for packaged foods. It was the first major update, and regulation, to the nutrition facts label in 20 years. The FDA’s regulation targeted sugars, in particular “added sugars”, and provided a major update to the amount of nutrients people customarily consume. Additionally, the nutrition facts label received a face lift.

Total Sugars and Added Sugars

Total Sugars, Sugars, and Added Sugars, what’s the difference? Total sugars will be replacing the declaration of sugars in the label. Total sugars include all sugars present in the food product, including added sugars. Sugars include the sugar content of the main ingredients. For example, if you have a juice, sugars represent the sugar level in the fruit added to the juice. Added sugars are either added during the processing of foods, or when packaged. Food manufacturers utilize added sugars to make products sweeter or to include […]

By Jennifer Diaz|2016-06-03T00:40:17-04:00June 3, 2016|Enforcement, FSMA, Labeling, U.S. Food and Drug Administration (FDA)|0 Comments

Yet Another Reason to Record your Trademark or Copyright with U.S. Customs and Border Protection (CBP)

Co-Authored by Jennifer Diaz and Kristina Hernandez-Tilson, an attorney in Miami, Florida, practices in state and federal court, litigating matters of civil and administrative law.

Whether you are importing goods to the United States, or are a U.S. trademarks or copyright owner, there is a new law on the books that should be of interest to you, the Trade Facilitation and Trade Enforcement Act of 2015 (TFTEA), which was signed into law on February 24, 2016. TFTEA, a bipartisan piece of legislation, is comprehensive in scope. In this Article, we will look specifically at Sections 302 through 311, the section on “Import-Related Protection of Intellectual Property Rights” (IPR). The TFTEA highlights the fact that CBP treats IPR as a priority trade initiative.

[…]

By Jennifer Diaz|2022-07-07T11:29:21-04:00April 12, 2016|Best Practices, Counterfeits, Customs Expert, Enforcement, Expert, Import, Intellectual Property Rights, International Law, International Trade, IPR, Trademarks and Logos, Pre-compliance|1 Comment

BEWARE – Liquidated Damages WILL be Imposed for 10+2 Violations

For those who thought CBP’s “measured and commonsense” approach for those that weren’t fully complying with the Importer Security Filing (ISF or 10+2) rules would last forever, think again!

Effective, July 9, 2013, CBP advised it would start the liquidated damages phase of the Importer Security Filing (ISF) enforcement process. CBP will now make use of the newly activated cargo holds in the Automated Cargo Environment (ACE) system to address non-compliance with the ISF rule. CBP may also withhold the release or transfer of non-compliant ISF shipments at the terminal until the required ISF is filed. For carrier violations of the vessel stow plan requirement, CBP may refuse to grant a permit to unlade the merchandise. Once the ISF data is received and a security assessment is made, additional enforcement actions including a Non-Intrusive Inspection (NII) and/or intrusive exams may be initiated.

Liquidated Damages

CBP may also assess liquidated damages of up to $5,000 per violation for the submission of an inaccurate, incomplete or untimely filing. CBP Dec. 09-26 discusses “Guidelines for the Assessment and Cancellation of Claims for Liquidated Damages for Failure to Comply with the Vessel Stow Plan, Container Status Message, and Importer Security Filing Requirements.” First violations may be mitigated to $1,000-$2,000 – depending on the presence of aggravating or mitigating factors. Some mitigating factors for the failure to file a complete, accurate and timely ISF include evidence of progress in the implementation of ISF during the “flexible enforcement period,” small number of violations compared to number of shipments, Tier […]

By Jennifer Diaz|2022-07-08T16:09:00-04:00July 18, 2013|10+2, Enforcement, ISF, Liquidated damages, Pre-compliance, U.S. Customs and Border Protection (CBP)|0 Comments

Previous 252627 Next