Import

Brazil was the # 1 Trading Partner for the Miami Customs District in 2010

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Alan Becker, Board member of Enterprise and Chair of Beacon Council, with Gov Scott meets with business leaders in Sao Paulo, Brazil

Editor’s Note: Thanks to Managing Shareholder Alan Becker, our guest blogger, who just returned from the Enterprise Florida Trade Mission to Brazil with Governor Rick Scott and a delegation of Florida business leaders. Alan is the Chair of the Beacon Council, MIami Dade County’s Economic Development agency.

 


 

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Alan S. Becker

Brazil was the # 1 trading partner for the Miami Customs district in 2010 and has been the top  trading partner for more than a decade. It is Florida’s # 1 trade partner with over $15 billion in  annual trade. Of that, $13 billion is export to Brazil, so there is a lot of room for increased trade  importing to Florida.

Many of the largest Brazilian companies already have regional or US headquarters in Miami, such  as Odebrecht, Itau Bank, TAM Airlines, and many others.

Miami – Dade County is the area where most of this trade takes place, which is not surprising. Of Dade’s 2.5 million residents, half are foreign born and 2/3 speak a second language in addition to English, almost all from the Caribbean, Central and South American. There are at least 50,000 Brazilians living in South Florida.

In 2010, 555,000 visitors came from Brazil just to Miami-Dade County and […]

By |2015-12-01T06:45:52-05:00November 1, 2011|Import|0 Comments

Invalidated Trademarks may Still Cause Your Products to be Seized by U.S. Customs and Border Protection, but There’s a Solution.

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Michael De Biase

Among its other duties, U.S. Customs and Border Protection (“CBP”) has the daunting task and      responsibility to search and seize products that are counterfeit or otherwise infringe the  intellectual property rights of original goods manufacturers. This is accomplished through CBP’s  Intellectual Property Rights Recordation System. As the name suggests, trademark and copyright  owners record their intellectual property rights with CBP and CBP keeps records of such  recordings via this system, which can be accessed online at http://iprs.cbp.gov/. Using this  system, an importer can determine if any of the products that it is importing actually violate the  intellectual property rights of somebody else. However, there is a big problem with this system  that can cause CBP to wrongfully seize goods, thereby inflicting substantial monetary damages  and significant delays in delivery times.Intellectual property rights are not absolute and can therefore be challenged and cancelled through the U.S. federal court system. When a trademark is cancelled, the U.S. district court has to notify and direct the Director of the U.S. Patent and Trademark Office (“USPTO”) to remove the trademark registration from the USPTO’s registrar. Until CBP is notified that the trademark has been cancelled, CBP will continue to seize products that potentially infringe the rights of the now cancelled trademark. This causes products to be wrongfully seized, and, in turn costs the importer tens of thousands of dollars as […]

By |2015-12-01T06:45:27-05:00October 19, 2011|Import|0 Comments

How to Comply with International Inconsistencies in FDA Cosmetic Labeling Requirements

The U.S. Food and Drug Administration (“FDA”) has strict labeling requirements for cosmetic products.  One area that consistently causes confusion among companies that distribute cosmetic products to countries on different continents is the area of labeling. Different products have different labeling requirements depending on the application of the product, the type of ingredient being labeled, the size of the product, and the country to which the product will be shipped. For example, the rules regarding how to describe color additives for products entering the U.S. are different than those for Canada and Europe.

Fortunately, it is possible to comply with the labeling requirements for the U.S. as well as Canada and Europe using only one label. In fact, it can even be accomplished with a product bearing a label as small as that of mascara. Accomplishing this is greatly beneficial to these companies because they can take advantage of economies of scale and taper production costs by merely having one label printed to be distributed to several countries.  However, this is a delicate maneuver that, if not done properly, will likely result in seizure and detention by the FDA or a foreign country’s equivalent agency. This will cause delays in the shipments, and may cause civil penalties and forfeiture of the products.

To avoid this common mistake and take advantage of the fact that one label may be used throughout the U.S., Canada, and Europe, you should contact an attorney well versed in the FDA regulations. Taking this precautionary measure is an […]

By |2022-07-06T13:32:16-04:00October 11, 2011|Cosmetics, FDA Issues, Import|0 Comments

Food Import Workshop in Miami on September 7

The annual seminar “Practical Tools for Trade in the Food Industry” takes place at the Miami Seaport on September 7, 2011 from 8:30 a.m. to 12:30 p.m.  Sponsored by the Miami-Dade County Office of Economic Development & International Trade, and supported by the Port of Miami, this year we will again focus on what importers need to know about both U.S. Customs and Border Protection and U.S. Food and Drug Administration requirements.  There will  be special emphasis on the new Food Safety Modernization Act of 2011.

The seminar takes place at the beautiful Port of Miami Conference Room, 1015 N. America Way, Miami.  Registration may be done on-line.   Questions regarding REGISTRATION may be directed to Adam Peters, Trade Development Specialist at (305) 375-5420 or apeters@miamidade.gov.  Question regarding content of the seminar may be directed to Jennifer Diaz, Senior Attorney, Customs and International Trade Department, Becker & Poliakoff law firm (305) 260-1053.

By |2015-12-01T06:42:10-05:00August 17, 2011|FDA Issues, Food, Import|0 Comments

Gluten Free Labeling is Coming – But, First, FDA Wants to Hear From YOU!!!!

Imagine a world where a manufacturer’s claims that their products are “gluten free” could be trusted by U.S. consumers.  Imagine a world where U.S. consumers were promised a definition of “gluten free” by the U.S. Food and Drug Administration (FDA), and the FDA held all manufacturers and importers to the same stringent standard….
Good news, we’re getting close!!
As of August 2, 2011, FDA has re-opened the comment period so that they can hear from YOU.  Yes, YOU!  FDA wants to hear from Celiacs, gluten sensitive consumers, et al. in the U.S.  Why, you ask?  Well, the FDA is firming up their definition of “gluten free”; and wants to know that the gluten free community is satisfied with the FDA’s finalized definition.  So, let’s make sure we tell the FDA what’s important to us.  FDA has proposed a definition of “gluten free” in order for the term to be used on labeling of food products.
FDA’s proposed rule defines “gluten free” as products that do not contain:
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