Pre-compliance Archives - Page 21 of 24 - Customs & International Trade Law Firm

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

CBP Launches New E-Commerce and Small Business Branch … Just in Time for the Holiday Shopping Season

With Thanksgiving in the rear view mirror and the Christmas holiday season kicking into high gear, now is the time to think of Pre-Compliance especially with the grave risks associated with shopping online and not knowing your supplier. As Small Business Saturday and Cyber Monday commercial activity spikes, CBP is, in specific connection with online sales, warns consumers and merchants alike to be on the lookout for holiday shopping scams and/or criminal trade practices. Red flags to watch for in this regard include offers designed to induce the purchase of counterfeit and/or unsafe goods, prices that are too good to be true, e-commerce sites that lack legitimate phone numbers and/or addresses, and sellers who lack good customer feedback.

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By Jennifer Diaz|2022-07-07T11:51:37-04:00December 1, 2016|Best Practices, Counterfeits, Expert, Intellectual Property Rights, International Business, International Law, International Trade, IPR, Trademarks and Logos, Pre-compliance, U.S. Customs and Border Protection (CBP)|1 Comment

19 Antibacterial Soap Ingredients to be Banned by the FDA!

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.

Do you assume that when shopping for soaps or body washes, consumers will often times reach for products labeled “antibacterial” in hopes that those products will keep them and their families safer? If so, you would be right. The popularity of antibacterial products has grown tremendously since they first appeared on the market. According to a 1998 Gallop Study of Consumer Awareness and Perception of Antibacterial Products, 33% of those surveyed expressed the need for special antibacterial products to protect their homes from bacterial and viral pathogens. A similar study conducted by Gallop in 2010 revealed that an overwhelming 75% of those surveyed said they preferred to purchase products with antimicrobial protection.

Popular as antibacterial products may be, beginning September 2017, many of them may no longer be marketed as such, based on a Final Rule (78 FR 76444) issued by the U.S. Food & Drug Administration (FDA) on September 6, 2016. This Final Rule comes after several years of an FDA investigation into the effectiveness and potential hazards of antiseptic agents in personal care products. The most popular antiseptic agent in these products is triclosan, which, along with eighteen (18) other antiseptic agents under this Final Rule, is now banned when used for antibacterial purposes in hand and body washes. […]

By Jennifer Diaz|2022-07-07T11:50:26-04:00November 17, 2016|Customs Expert, FDA Issues, International Law, Pre-compliance, U.S. Food and Drug Administration (FDA)|0 Comments

Travel to the U.S. with an Unlimited Number of Cuban Cigars and Rum – Courtesy of New Revised OFAC and BIS Regulations

On October 14, 2016, President Obama issued a Presidential Policy Directive on United States-Cuba Normalization to further ease travel and trade restrictions with Cuba. As a result, Monday, October 17, 2016, amendments to both OFAC and BIS regulations will take effect.

Below are the top changes from both OFAC and BIS:

OFAC is making additional amendments to the Regulations with respect to health, trade and commerce, civil aviation safety, travel and related transactions, humanitarian-related activities, and certain other activities. Below is a recap:

Health
- Persons subject to U.S. jurisdiction are now permitted to engage in commercial and non-commercial joint medical research projects with Cuban nationals. (Section 515.547).

Travel and Related Transactions
- Importation of Cuban merchandise: Not too long ago we alerted our readers that CBP was targeting Cuban Cigars at American Ports. We have BIG news for cigar and rum lovers… As of Monday, October 17, 2016, persons subject to U.S. jurisdiction are now able to return home from Cuba (or any other country where Cuban rum and cigars can legally be purchased) with an unlimited amount of rum and cigars. However, the number of cigars and amount rum must be for personal use and such merchandise must be imported as accompanied baggage and are subject to the normal limits on duty and tax exemptions. This is a huge step forward from OFAC’s initial limit of $400 or less (with no more than $100 of such merchandise consisting of alcohol or tobacco products). (Section 515.560(c)(3)).

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By Jennifer Diaz|2026-04-28T07:44:56-04:00October 17, 2016|Best Practices, Cuba, Customs Expert, Export, International Trade, International Travel, Pre-compliance, U.S. Bureau of Industry and Security (BIS), U.S. Office of Foreign Assets Control (OFAC)|3 Comments

Cuban Cigars Seized by CBP

Mark Twain once said, “I never smoke to excess – that is, I smoke in moderation, only one cigar at a time.”

With the loosening of restrictions on travel and trade with Cuba, including the authorization to import Cuban Cigars (for personal use only, under a certain value), persons under “U.S. jurisdiction” are getting caught right and left trying to take advantage and import more than their share of Cuban cigars to the US. In May of this year, Maxim magazine declared Cuban Cigars are still the worlds best. However, as relations thaw, will the Cuban cigar be able to take back the market share it lost in the past half century when countries like Dominican Republic and Nicaragua have served the US? That is a question recently posed by Will Yakwowicz in an article for Inc. earlier this year.

Although you are allowed to bring Cuban cigars back to the U.S. (if you are on an “authorized trip” to Cuba) there is a limit and the United States Customs and Border Protection (CBP) can, and will, seize any amount over the allowed limit.

What is the scope and limit on how many cigars I can bring in?

Persons authorized to travel to Cuba (see our previous post regarding authorized travel to Cuba) may purchase alcohol and tobacco products while in Cuba for personal consumption. Also, as an authorized traveler you may return to the United States with up to $400 worth of Cuban goods, but only $100 […]

By Jennifer Diaz|2022-07-07T11:47:16-04:00September 22, 2016|Best Practices, Cuba, Customs Expert, Import, International Law, International Trade, International Travel, Pre-compliance, Seizure, U.S Department of Homeland Security (DHS), U.S. Office of Foreign Assets Control (OFAC)|2 Comments

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