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Continuing Education for Licensed Customs Brokers – Comments Due December 28, 2020

Background

Section 641 of the Tariff Act of 1930 provides that individuals and business entities must hold a valid customs broker’s license and permit to transact customs business on behalf of others. The statute also sets forth standards for the issuance of broker licenses and permits; provides for disciplinary action against brokers in the form of suspension or revocation of such licenses and permits; and provides for the assessment of monetary penalties against other persons for conducting customs business without the required broker’s license. Section 641 also authorized the Secretary of the Treasury to prescribe rules and regulations relating to the customs business of brokers as may be necessary to protect importers and the revenue of the United States.

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By Jennifer Diaz|2021-04-09T10:50:53-04:00December 14, 2020|Best Practices, Brokers, Customs Expert, Enforcement, Expert, Export, Import, International Business, International Law, International Trade, U.S. Customs and Border Protection (CBP)|2 Comments

Strengthening the Public Health Industrial Base Comment Opportunity Due December 23, 2020

Co-Authored by Sharath Patil

Weaknesses in the Public Health Industrial Base

Critical technology shortages have been a focus of President Trump’s trade and industrial policies. In an October 2020 report on the topic, the Trump administration identified medical and public health technologies as a key sector in which the U.S. needs to do more to protect and cultivate its technological advantage. According to some analysts, the COVID-19 pandemic has demonstrated that the United States’ public health industrial base is overly reliant on imports for critical medical and pharmaceutical needs. The first few months of the pandemic were characterized by significant shortages of key medical supplies such as ventilators and personal protective equipment. However, this overreliance pre-dated the pandemic. For example, in October 2019, the U.S. Food and Drug Administration (“FDA”) estimated that the United States accounts for only 28 percent of global active pharmaceutical ingredient (“API”) manufacturing facilities and that 80 percent of APIs consumed in the United States are produced abroad, the majority in China and India.

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By Jennifer Diaz|2022-07-07T14:45:59-04:00December 10, 2020|Best Practices, China, Customs Expert, Enforcement, Expert, Export, Import, International Law, International Trade, Pre-compliance, U.S. Office of Management and Budget (OMB)|0 Comments

USTR Targets Vietnam in New 301 Investigations – Submit Request to Testify by Dec. 10

Co-Authored by Sharath Patil

USTR’s Tougher Stance on Vietnam

The Trump administration has begun to exercise a tougher stance against Vietnam. The United States Trade Representative (“USTR”) initiated two Section 301 investigations against the Southeast Asian country on October 2, 2020. The focus of the two investigations are Vietnam’s acts, policies, and practices related to (1) the valuation of its currency, and (2) Vietnam’s importation and use of illegal timber. The news of USTR’s launch of these dual investigations came days before the U.S. Census Bureau’s latest trade data release – which indicated that the U.S. trade deficit in goods with Vietnam is at record levels, registering at $42.7 billion in the 8 months of data available for 2020. This skyrocketing trade deficit is relevant to U.S. trade policy towards Vietnam because one of President Trump’s key economic pledges was to lower the U.S. trade deficit with trading partners. A well-documented pattern of transshipment of goods from China through Vietnam to avoid U.S. Section 301 duties towards China could also explain Vietnam being targeted.

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By Jennifer Diaz|2022-07-06T12:30:07-04:00December 1, 2020|Best Practices, Customs Expert, Enforcement, Expert, Export, Import, International Law, International Trade, Pre-compliance, Vietnam|1 Comment

HOUSEHOLD GOODS AND SERVICES PROVIDERS – WHAT YOU MUST KNOW.

In the household goods and services industry? Did you know you have to import your goods and services in compliance with the Bureau of Household Goods and Services (BHGS) regulations? Manufacturers or wholesalers of any article of upholstered furniture bedding, or filling material manufactured outside of the United States for the purpose of sale or resale in California, whether it be through employees or agents, fall within this category.

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By Jennifer Diaz|2022-07-07T14:42:58-04:00November 10, 2020|Best Practices, Customs Expert, Expert, HTSUS, Import, International Business, International Trade, penalty, Pre-compliance, Seizure, Supply Chain|1 Comment

President Calls for Greater Enforcement Against Counterfeit Imports

What Happened

On October 13, 2020, President Trump issued a Presidential Memorandum on stopping counterfeit trafficking on e-commerce platforms. The memorandum called for U.S. Customs and Border Protection (“CBP”) to “impose the maximum fines and civil penalties permitted by law on any e-commerce platform that directs, assists with, or is in any way concerned in the importation into the United States of counterfeit goods.” Furthermore, the memorandum also called for:

CBP to continue seizing counterfeit goods imported into the United States in connection with e-commerce transactions
Congress to pass laws that clarify and strengthen the president’s authority and increase its resources to address e-commerce-linked counterfeit trafficking
The U.S. Attorney General to develop a legislative proposal to promote the policy objectives of the memorandum within 120 of its publication

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By Jennifer Diaz|2021-12-14T12:05:30-05:00November 5, 2020|Best Practices, Customs Expert, Enforcement, Expert, Export, Import, Import Alert, International Business, International Law, International Trade, Pre-compliance|0 Comments

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