Import Archives - Page 17 of 92 - Customs & International Trade Law Firm

Trade News: New Petition Filed on Glass Wine Bottles from China, Mexico and Chile

On December 29, 2023, the last working day of the year, the U.S. Glass Producers Coalition filed a petition for the imposition of antidumping duties on certain glass wine bottles from China, Mexico, and Chile and countervailing duties on imports of certain glass wine bottles from China.

The Coalition is comprised of U.S. producer Ardagh Glass Inc. and the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union (“USW”). The petitions allege that the Chinese, Chilean, and Mexican industries have been dumping wine bottles in the U.S., harming the U.S. market and destroying American jobs.

Full list of producers here. Full list of U.S. importers here.

The petition alleges dumping margins of:

China: 280.10% and 620.03%
Mexico: 78.55% and 102.09%
Chile: 615.68%

The scope of merchandise covered includes a wide array of products including both clear and colored bottles in the Bordeaux, Burgundy, Champagne, or Sparkling shapes. Full scope here.

The Commerce Department will determine whether to initiate the investigations within 20 days. The 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 glass wine bottles to pay close attention to this case and 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 […]

By Jennifer Diaz|2024-01-05T15:51:03-05:00January 5, 2024|China, Enforcement, Import, Mexico, U.S. Department of Commerce|0 Comments

ICYMI: U.S. & Chinese Companies Fined $2.5 Million for Underpaying Customs Duties, Whistleblowers to Receive $500,000

Earlier this month, the U.S. Attorney for the Northern District of Texas announced that a Dallas-based importer, two individuals, and two Chinese companies agreed to pay $2.5 million to resolve allegations that they failed to pay customs duties on imports.

Underpaying Through Duplicate Invoices

ADCO, a Dallas-based importer of industrial products, the company owner Raymond E. Davis, customs broker Calvin Chang, and Chinese companies Xiamen Atlantis MFC Co., Ltd. and Xiamen Taft Medical Co., Ltd conspired to underreport the value of goods they were importing.

The scheme involved falsifying invoices with low values for goods ADCO was importing from China. The company used a separate set of invoices that contained the correct value of goods to ensure that ADCO paid its suppliers the actual value of the goods.

In investigating the scheme, the U.S. Attorney’s Office and CBP’s Consumer Products and Mass Merchandising Center of Excellence and Expertise reviewed over 1,000 import entry lines.

Qui Tam Lawsuit

The settlement with the government resolved a “qui tam” lawsuit filed under the False Claims Act (FCA). A qui tam lawsuit is one that is brought by a private citizen or company against a defendant or defendants that owe money to the government.

When a qui tam lawsuit is successful, the party that initiated the case—called a “relator”—is entitled to a substantial monetary reward, ranging between 15% and 30% of the amount recovered for the government. A qui tam lawsuit also engages the U.S. Department of Justice (“DOJ”) in the case, and typically results in the opening of […]

By Jennifer Diaz|2023-12-29T11:12:53-05:00December 27, 2023|Import, Investigation, penalty, U.S. Department of Justice (DOJ)|0 Comments

Customs Valuation 101
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Customs Valuation 101
Import

Customs Valuation 101

Customs valuation is a procedure to determine the customs value of imported goods. The customs value is essential to calculate the total duty to be paid on an imported good and the United States currently maintains and enforces a rigorous valuation system.

Importers are Responsible for Valuations

Customs and Border Protection (CBP) hold the importer of record (IOR) responsible for the accuracy of the declared value. Similar to paying taxes, the onus is on the IOR to know how much to pay, and the the IOR for reporting an incorrect value.

To put it into the words of CBP there’s a “shared responsibility” where the IOR is responsible to know and understand the applicable rules and regulations (and to review CBP’s “informed compliance” publications) and as a result value their imported goods properly. Valuation is part of an importer’s duty to exercise “reasonable care.”

Ensuring the value reported to CBP is accurate is important not just for CBP compliance but also for Census trade data. Valuation information submitted to CBP is utilized by the U.S. Census Bureau to compile trade statistics. Businesses and policymakers rely on this data to make critical business and trade policy decisions.

For more information on U.S. trade data, check out our Introduction to U.S. Trade Databases article.

Valuation Methods

In practice, 90%+ of imports use the transaction value valuation method. The transaction value is “the price actually paid or payable for imported merchandise when sold for exportation to the United States” and certain statutory or dutiable additions. The “price […]

By Jennifer Diaz|2023-11-20T13:19:05-05:00November 20, 2023|Import|0 Comments

Breaking Trade News: American Producers of Aluminum Extrusions File Trade Petitions Alleging Unfair Dumping and Subsidies from 15 Countries

The U.S. Aluminum Extruders Coalition and the United Steelworkers (USW) union filed petitions claiming unfair trading imports of aluminum extrusions from China, Colombia, the Dominican Republic, Ecuador, India, Indonesia, Italy, Malaysia, Mexico, South Korea, Taiwan, Thailand, Turkey, the United Arab Emirates, and Vietnam.

Full list of exporters here, full list of U.S. importers here.

The filing is in response to increasing volumes of allegedly unfairly priced imports of aluminum extrusions that have been growing since 2019, notwithstanding that Aluminum Extrusions made in the U.S. face significantly higher costs due to restrictions on the importation of primary aluminum.

The petitions aim to demonstrate that aluminum extrusion producers in these countries are selling extrusions in the U.S. at less than fair value and that such sales are harming the U.S. Aluminum Extrusion industry. The petitions note dumped rates up to 256%.

The petitions also claims that producers in China, Indonesia, Mexico, and Turkey unfairly benefit from countervailable subsidies, such as tax breaks and discounted land.

The President of the Aluminum Extruders Council, Jeff Henderson, stated: “For years, American extruders and workers have lost huge amounts of sales to unfairly traded, dumped and subsidized imports of aluminum extrusions. It’s time to take a stand for American manufacturing and take on these illegally traded products.”

By Jennifer Diaz|2023-10-06T13:59:01-04:00October 6, 2023|Import, Investigation|0 Comments

Secure Proactive Monitoring and Enforcement of Your IP Rights Through CBP’s Recordation Program
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Secure Proactive Monitoring and Enforcement of Your IP Rights Through CBP’s Recordation Program
Import, Intellectual Property Rights

Secure Proactive Monitoring and Enforcement of Your IP Rights Through CBP’s Recordation Program

Do you have a trademark or copyright filed with the United States Patent and Trade Office (USPTO)? While registering your intellectual property (IP) with the U.S. government is necessary to protect against infringers, it is only half the battle. IP owners need to have robust monitoring processes in place to find and enforce against infringers. Fortunately, U.S. Customs and Border Protection (CBP) can help you monitor for infringing merchandise at ports of entry through the CBP recordation program.

What is CBP Recordation?

The purpose of recording a copyright or trademark with CBP is to partner with the agency to prevent the unauthorized import or export of merchandise which bears a recorded trademark or copyright. CBP has the authority to seize, detain, forfeit, and even destroy merchandise entering or leaving the U.S. if it infringes on a valid trademark or copyright that has been subsequently recorded with the agency.

Once a trademark or copyright is recorded with CBP, the owner’s information is entered into an electronic database accessible to over 60,000 U.S. Customs officers in the United States and overseas. CBP uses the information to target shipments and physically examine merchandise which ultimately prevents the importation or exportation of infringing goods. As of 2021, the number of active recordations with CBP is 20,756.

Gray Market Protection

Some IP owners may also be eligible for “gray market” protection, which pertains to genuine products bearing a trademark or brand name approved for use in a country outside the U.S. Gray market goods are different […]

By Jennifer Diaz|2023-08-30T16:43:01-04:00August 7, 2023|Import, Intellectual Property Rights|0 Comments

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