Import Archives - Page 81 of 92 - Customs & International Trade Law Firm

BEWARE – Liquidated Damages WILL be Imposed for 10+2 Violations

For those who thought CBP’s “measured and commonsense” approach for those that weren’t fully complying with the Importer Security Filing (ISF or 10+2) rules would last forever, think again!

Effective, July 9, 2013, CBP advised it would start the liquidated damages phase of the Importer Security Filing (ISF) enforcement process. CBP will now make use of the newly activated cargo holds in the Automated Cargo Environment (ACE) system to address non-compliance with the ISF rule. CBP may also withhold the release or transfer of non-compliant ISF shipments at the terminal until the required ISF is filed. For carrier violations of the vessel stow plan requirement, CBP may refuse to grant a permit to unlade the merchandise. Once the ISF data is received and a security assessment is made, additional enforcement actions including a Non-Intrusive Inspection (NII) and/or intrusive exams may be initiated.

Liquidated Damages

CBP may also assess liquidated damages of up to $5,000 per violation for the submission of an inaccurate, incomplete or untimely filing. CBP Dec. 09-26 discusses “Guidelines for the Assessment and Cancellation of Claims for Liquidated Damages for Failure to Comply with the Vessel Stow Plan, Container Status Message, and Importer Security Filing Requirements.” First violations may be mitigated to $1,000-$2,000 – depending on the presence of aggravating or mitigating factors. Some mitigating factors for the failure to file a complete, accurate and timely ISF include evidence of progress in the implementation of ISF during the “flexible enforcement period,” small number of violations compared to number of shipments, Tier […]

By Jennifer Diaz|2022-07-08T16:09:00-04:00July 18, 2013|10+2, Enforcement, ISF, Liquidated damages, Pre-compliance, U.S. Customs and Border Protection (CBP)|0 Comments

Monday, October 28
Session Title	Speaker(s)	Handouts
11:00 AM – 12:00 PM
The FDA/’s Food Safety Modernization Act – Top 10 Tips to Comply!	Jennifer Diaz
12:30 PM – 1:30 PM
Build Your Brand Overseas With Best-in-Class ICD’s (In Country Distributors)!	Alex Ruiz
2:30 PM – 3:30 PM
Cut Your Costs … and Sell More!	Stephen Colyer
3:45 PM – 4:45 PM
The Magic Number all Restaurant Owners MUST Know!	David Scott Peters
Tuesday, October 29
Session Title	Speaker(s)	Handouts
10:00 AM – 11:00 AM
How To Design a Menu that Puts Money In Your Pocket!	David Scott Peters
11:30 AM – 12:30 PM
Basic/Best Practices for U.S. Importers and […]

By Jennifer Diaz|2015-11-30T13:06:13-05:00July 18, 2013|Best Practices, Events, FDA Issues, Food, FSMA, Import, Import Alert, U.S. Customs and Border Protection (CBP)|0 Comments

FDA Proposes New Fees Under FSMA – Comment Now

FDA’s proposed FY2014 budget needs to be analyzed carefully by food importers. FDA needs funding to fully implement FSMA, and a chunk of it will be from you! On the image to your left, note the new FDA Food Facility Registration and Inspection Fee, and the new FDA Import fee (among others). This link and more information is found on the hyperlink provided – go to page 65 of 531.

The facility registration fee would cost small companies $125, midsize companies $500 and large companies $1,000, according to the FDA. The import fee would cost companies $21 per line entry, though there would be exemptions for small importers and a maximum charge for large importers.

By Jennifer Diaz|2015-11-30T13:09:08-05:00July 12, 2013|Best Practices, FDA Issues, FSMA, Import|0 Comments

Do You Know the Top 10 Tips When Importing?

Do you know the top 10 tips when importing to ensure compliance? If not, here’s why you should listen to my Compliance Online webinar that took place on June 27, 2013 at 10:00 a.m., EST.

If you import merchandise into the U.S., you are the responsible party and must be aware your requirements and potential liability. In this presentation, we will discuss how to comply with U.S. Customs and Border Protection’s (CBP’s) vast laws and regulations. By the end of the webinar you will know and understand the importance of:

Tariff classification;
Customs valuation;
Country of origin marking;
Intellectual Property Rights (IPR) Protection and CBP Enforcement; and
Free Trade Agreements (FTA) you should be taking advantage of.

You will also learn basic customs concepts and terms like:

CBP Form 3461 & CBP 7501;
Protests;
Seizure cases;
Liquidated damage claims, Penalties/Fines;
Prior disclosure; and
FP&F Petition Process.

Learn key best practices and hear real life case studies. Learn what to do, and more importantly, what NOT to do, and what the consequences are for non compliance.

To hear the recorded version of this webinar, that took place on June 27, 2013, click here.

By Jennifer Diaz|2013-07-02T14:00:00-04:00July 2, 2013|Best Practices, Detention, Import, Intellectual Property Rights, International Trade, Pre-compliance, Seizure, U.S. Customs and Border Protection (CBP), U.S. Food and Drug Administration (FDA)|0 Comments

Florida Companies Convicted and Sentenced

Co Authored by Robert Becerra

In another example of the government’s continuing use of the criminal justice system to enforce international trade laws, three Florida companies and their management were recently convicted and sentenced for importing smuggled toys from China containing lead and containing counterfeit trademarks.

LM Import-Export, Inc., Lam’s Investment Corp., and LK Toys Corp., Hung Lam and Isabella Kit Yeung plead guilty to charges of conspiracy to traffic and smuggle toys containing hazardous substances such as lead, and one count of trafficking in counterfeit goods, in violation of 18 U.S.C. Secs. 371 and 2320, respectively. Co-defendant Yeung plead guilty to one misdemeanor count of submitting a false country of origin label, in violation of 19 U.S.C. Sec. 1304(a). The information, or charging document filed in court, against all defendants, as well as the plea agreements for each defendant can be found on the website of the District Court for the Southern District of Florida. (If you have trouble getting these documents, email me and I’d be happy to share them with you).
The facts underlying the charges, as stated in court documents, are that from April, 2000, until May 2011, a span of 11 years, the corporate defendants conspired to sell children’s products imported from China in violation of the Consumer Product Safety Act 15 U.S.C. Sec. 2068, and the Federal Hazardous Substances Act, 15 U.S.C. Sec. 1263. Some of […]

By Jennifer Diaz|2013-06-28T19:55:00-04:00June 28, 2013|Best Practices, Import, Intellectual Property Rights, penalty, Seizure, U.S. Consumer Product Safety Commission (CPSC), U.S. Customs and Border Protection (CBP)|0 Comments

Previous 808182 Next

Import

BEWARE – Liquidated Damages WILL be Imposed for 10+2 Violations

World Trade Center’s Food & Beverage Seminar YOU CAN’T MISS!

FDA Proposes New Fees Under FSMA – Comment Now

Do You Know the Top 10 Tips When Importing?

Florida Companies Convicted and Sentenced