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What You Missed at CBP’s Virtual Trade Week

From September 8-11, U.S. Customs and Border Protection (CBP) held its first virtual trade week. Over the course of the event, CBP held an action-packed series of webinars on the following topics:

United States-Mexico-Canada-Agreement (USMCA)
Forced Labor
Customs-Trade Partnership Against Terrorism (CTPAT)
E-Commerce
21^st Century Customs Framework (21CCF)

In the midst of this global pandemic and the vast challenges that (we are all navigating) the trade community faces, by us coming together in this way collective commitment to continue our persistent and ongoing dialogue about the most pressing issue facing. CBP believes that improving and delivering effective transparency is an essential element to enhancing trust, and trust is essential to strengthening partnerships and getting things done for your business to thrive and trade community to succeed.

Below are summaries of each of the sessions. Have questions on them? Contact DTL at info@diaztradelaw.com.

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Expanded Export Control Obligations when Exporting to China

Co-Authored by Sharath Patil, a trade policy researcher in Washington, DC, with a background in global logistics, international trade, and commercial diplomacy. Patil is an active member of the District of Columbia bar, and is a graduate of the University of Oregon School of Law.

Introduction

U.S. export controls refer to a set of federal laws which restrict the export of certain sensitive goods, technologies, information and services. Export controls are primarily enforced through two U.S. government agencies: the U.S. Department of Commerce (for Export Administration Regulations (“EAR”)) and the U.S. Department of State (for International Traffic in Arms Regulations (“ITAR”)). In recent months, U.S. export control laws have expanded exporters’ obligations when exporting critical technologies to China, as well as other sensitive export destinations such as Russia and Venezuela. In particular, U.S. laws on exporting critical goods to Hong Kong have changed; there is a greater requirement to exercise due diligence when exporting; the entity list has expanded; and filing requirements have changed. It is important for U.S. exporters to keep abreast of changes to export control laws in order to remain compliant and avoid serious penalties. We will explain each of these developments, in turn.

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By Jennifer Diaz|2022-07-07T14:25:36-04:00August 24, 2020|Best Practices, China, China Trade War, Customs Expert, EAR, EEI, Enforcement, Export, Import, International Business, International Law, International Trade, ITAR, Pre-compliance, U.S. Customs and Border Protection (CBP)|6 Comments

U.S. Ends Differential Treatment for Hong Kong

On Tuesday, August 11, 2020, United States Customs and Border Protection (CBP) announced via Federal Register Notice that all items made in Hong Kong and destined for the U.S. must now indicate “China” as the country of origin.

Hong Kong’s unique political situation as an autonomous city-state initially called for specially tailored laws and regulations governing items imported into the United States. For more than 20 years the US recognized the separation between China and Hong Kong, evidenced by the requirements to distinguish between the two. Additionally, in light of the Section 301 investigation of China’s acts, policies, and practices related to technology transfer, intellectual property, and innovation; as well as the regime’s human rights and forced labor abuses, the United States is especially keen on identifying items produced in China.

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By Jennifer Diaz|2022-07-07T14:24:50-04:00August 19, 2020|AD/CVD, Best Practices, China, China Trade War, Customs Expert, Enforcement, Export, HTSUS, Import, Intellectual Property Rights, International Business, International Law, International Trade, IPR, Trademarks and Logos, Supply Chain, Technology, U.S. Customs and Border Protection (CBP)|0 Comments

Florida’s Top 3 Export Markets

Source: U.S. Census Bureau

Co-Authored by Sharath Patil, a trade policy researcher in Washington, DC., with a background in global logistics, international trade, and commercial diplomacy. Patil is an active member of the District of Columbia bar, and is a graduate of the University of Oregon School of Law.

What and Where do Floridians Export?

Exports are big business in the Sunshine State. In 2019, export sales brought $56.3 billion into Florida’s economy. International trade has supported 2.4 million Floridian jobs. Floridians export a wide array of goods all over the world. In 2019, the top export markets for Florida’s goods were Brazil, Canada, and Mexico, respectively. See Chart 1. We will discuss the significance of each of these markets, in turn.

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By Jennifer Diaz|2021-04-09T10:52:10-04:00August 10, 2020|Best Practices, Brazil, Canada, Customs Expert, Enforcement, Export, Import Alert, International Business, International Law, International Trade, Mexico, Pre-compliance, U.S. Customs and Border Protection (CBP)|8 Comments

More Section 301 Tariff Exclusion Requests Granted For List 4

Nearly a year ago, on August 20, 2019, President Trump and the United States Trade Representative (USTR) imposed a 10 percent ad valorem on imported goods from China, worth an estimated $300 Billion (Tranche or List 4), due to the US’ Section 301 investigation of China’s acts, policies, and practices related to technology transfer, intellectual property, and innovation. Then, on August 30, 2019, the 10 percent ad valorem was raised to a 15 percent ad valorem. On January 22, 2020, the USTR, lowered the ad valorem on goods included on Annex A of List 4 to 7.5 percent and suspended the duties entirely for goods included on Annex C. See 84 FR 69447, 85 FR 3741.

Following the publication of the tariffs, USTR published an Exclusion Process Procedures on October 24, 2019. The July 23, 2020, Federal Register Notice announced that USTR has determined to grant exclusions to items included in the Annex, as well as make certain amendments to previously announced exclusions. Some of the changes are conforming amendments, while others are technical corrections to previously published exclusions.

The notice detailed that “the exclusions are reflected in 11 existing ten-digit HTSUS subheadings and 53 specially prepared product descriptions, which together respond to 242 separate exclusion requests….”

The notice clarified that regardless of who submitted an exclusion request, if a request is granted to any given HTSUS, all items under that HTSUS have been granted exclusion, too. Additionally, remember to check Federal Register Notices because USTR will continue to […]

By Jennifer Diaz|2022-07-07T14:22:05-04:00July 27, 2020|China, China Trade War, Customs Expert, Export, Import, Intellectual Property Rights, International Business, International Law, International Trade, IPR, Trademarks and Logos, Supply Chain, U.S. Customs and Border Protection (CBP)|0 Comments

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