Export

Diaz Trade Law was enthusiastic to attend various events from International Trade Week which took place from May 16-20 of 2022. Here is a recap of all the events we attended!

ADCVD

• Scott McBride talked about transshipment and how it is evasion and how fraud is not covered by circumvention laws but rather by CBP.
• This presentation discussed 226b, 226d, and 226f.
  • 226b discusses self-initiation and how a notice will be issued if the government initiates it.
  • 226d allows rejection of circumvention injury and identifying problems where parties can fix the issues.
  • In this case, if commerce does not identify the issue, commerce must issue determination and if it is extraordinarily complicated, it can be expanded up to a full year.

Food and Drug Administration

• Angel Omar explained how all products are required to meet the same standards as domestic goods/products.
  • Drugs and devices must be safe and effective and require a fee application prior to importation.
  • Every product must meet performance requirements and must contain a label that is presented in English.
• Food, Drugs, and Cosmetics Act has an import section that allows for refusal for import electronics and products that fail to meet the applicable standards.
  • Appearance is very important and based on the standard, the FDA can refuse the entry of goods that appear to be misbranded.
  • Section 708 allows the FDA to destroy products without an opportunity to export/refuse if the product is valued at $2500 or less.
• FDA’s import alerts allow […]