Import

Upcoming Training: CBP Regulations: Essential Practices for Import Success 

Join us in person at the World Trade Center Miami or on Zoom! Eligible for 3 CCS continuing education credits. 

 Many mistake the ease of importing to mean there is no liability or obligation on the part of the importer. However, if you import merchandise into the U.S., you may not realize, but, you are the responsible party! That means you have a duty to exercise “reasonable care” when importing.  

 What is reasonable care? Importers must conduct themselves as a reasonable importer would under the circumstance with respect to importing prior to entering goods into the United States. They must:  

  • Meet the standard to enter, classify and determine the value of imported goods 
  • Provide other information necessary to aid U.S. Customs and Border Protection (CBP) in properly assessing duties and collecting accurate statistics 
  • Determining whether other applicable legal standards and requirements have been met 

Read more about reasonable care in our Bloomberg Law article here. 

All importers should have a plan in place to navigate merchandise descriptions & classification, product valuation, country of origin, intellectual property rights, forced labor, quotas, requirements of other agencies, and more. 

In this presentation, our speakers will discuss how to comply with CBP’s vast laws and regulations. By the end of […]

By |2024-05-17T09:23:19-04:00May 17, 2024|Import, news, Speaking|0 Comments

Organizations Urge State Department to Stop Avocado Imports Linked to Deforestation

27 organizations wrote a letter to the U.S. State Department urging them to stop imports of avocados linked to deforestation in Mexico. The group alleges that the deforestation is happening illegally and undermines international pledges made by the country to halt these practices.

The groups include the Animal Welfare Institute, the Endangered Species Coalition, and the Oceanic Preservation Society.

According to the letter, an estimated 10 football fields of forest are cleared every day to create avocado plantations in Mexico.

In addition to the deforestation concerns, some of the farming activity is occurring within the Monarch Butterfly Biosphere Reserve. The letter states that as of 2018, nearly 2,400 acres of the Reserve have been converted into avocado plantations.

Finally, the letter notes that the irrigation demand for avocado harvesting depletes water sources for local communities and leaves remaining native forests vulnerable to fire and disease.

Although Mexico is the largest U.S. supplier of avocados, providing almost 90% of the fruit sold in the U.S, the group notes that many Mexican growers have created legal avocado farms that could continue to supply the U.S.

The group requests that the State Department, USDA, and USTR work together to set up a program to ensure that the United States is only importing and marketing avocados that do not contribute to deforestation.

Read the full letter here.

 

By |2024-04-26T07:45:24-04:00April 26, 2024|Import|0 Comments

From Chaos to Compliance: A Guide for Importers

Many mistake the ease of importing to mean there is no liability or obligation on the part of the importer. Whether your company is new to importing, or has been in the business for years, CBP expects importers to use “reasonable care” to ensure compliance with relevant rules and regulations. Importers are at risk of being subject to enforcement actions by CBP if they do not comply with the reasonable care standard when importing goods into the U.S. This article provides an overview of CBP’s expectations of an importer and practical advice on what you must have in your import compliance plan.

How Did We Get Here?

December 8th, 1993, the Dow Jones reached a record high of 3734.53, Janet Jackson’s “Again” remained number one on the charts, and President Bill Clinton signed the Customs Modernization Act (Mod Act). The Mod Act altered the import compliance landscape by making it the responsibility of the importer to classify items, determine their value, etc. The law also imposed a legal obligation to use “reasonable care” in doing so, or else Customs could (and would) impose penalties.

What Exactly is “Reasonable Care”?

Reasonable care requires importers to conduct themselves as a reasonable importer would under the circumstance with respect to importing goods into the United States.

Reasonable care requires importers to:

  • Meet the standard to enter, classify and determine the value of imported goods
  • Provide other information necessary to aid CBP in properly assessing duties and collecting accurate statistics
  • Determine whether other applicable legal standards and […]
By |2024-04-19T15:30:55-04:00April 19, 2024|Import, Pre-compliance|0 Comments

The Arena of EAPA: Transshipping, Pencils, and Evading Duties

Customs and Border Protection (CBP) investigates allegations of dumping or unfair foreign subsidies, but they also have the authority to investigate potential violations of any imposed Anti-Dumping or Countervailing Duties (AD/CVD) under the Enforce and Protect Act (EAPA) of 2015.

Customs describes EAPA as a “multi-party, transparent, administrative proceeding where parties can both participate in and learn the outcome of the investigation. It also maintains due process for parties to the investigation by providing an option for them to request administrative and judicial reviews of CBP’s determination as to evasion.” Self-assertions of transparency and due process aside, many have found EAPA cases to be highly secretive and not always fair.

Frequently, an EAPA case involves an allegation that Chinese goods are allegedly transshipped through another country (or only subject to minor processing) to avoid paying AD/CVD duties. Since AD/CVD duties are applicable based upon the commodities country of origin, nefarious companies can ship goods from China to for example, Vietnam, India, Mexico, Taiwan, Malaysia, or some other country, and claim that these goods do not originate from China after all. Importers, in good faith, will declare that their imports are not subject to AD/CVD duties because they are not aware of the true origin of the goods. Such importers might not be liable for penalties if their belief was in good faith and based on facts, but such importers would still be subject to massive duties. Thus, contrary to popular option, good/honest importers may also find themselves the recipient of […]

Breaking Trade News: New AD and CVD Petition Filed on 2,4-Dichlorophenoxyacetic Acid from China and India

On March 14, 2024, Corteva Agriscience LLC filed a petition for the imposition of antidumping and countervailing duties on imports of 2, 4-Dichlorophenoxyacetic (2, 4-D) acid from China and India.

2, 4-D is the active ingredient in many products used in the United States and throughout the world as an herbicide to kill weeds on land and in water.

Identified importers include:

  • Helena Industries LLC (China)
  • Nufarm Americas Inc. (China)
  • PBI-Gordon Corporation (China)
  • Gharda Chemicals (India)
  • Atul USA, Inc. (India)

The full list of identified exporters and producers can be viewed here.

The alleged dumping margins are:

  • China: 143.73%
  • India: 62.66%

The proposed scope language includes the 2, 4-D component of any derivative products of 2, 4-D including amine salt and ester forms.

The Commerce Department will determine whether to initiate the investigations within 20 days. The United States International Trade Court (USITC) will reach a preliminary determination of material injury or threat of material injury within 45 days. Final determinations will likely occur late 2024.

As with any proceeding, participation is very important to protect your rights. We urge anyone that imports 2, 4-D to pay close attention to this case to ensure that all appropriate steps are taken to mitigate any damage.

Diaz Trade Law will continue to monitor this case and share updates. For more information or questions get in touch with us at 305-456-3830 or info@diaztradelaw.com.

 

 

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