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Importer Pleads Guilty to Smuggling Freon

On November 20, 2009, in Federal Court in Miami, Florida, Mr. James Garrido and the company he controlled, Kroy Corporation, pled guilty to charges related to their illegally smuggling into the United States certain restricted ozone-depleting substances, in violation of the Clean Air Act enforced by the U.S. Environmental Protection Agency.

Chlorofluorocarbons (CFCs) are ozone depleting substances and include CFC-22 which is otherwise known as R-22 or popularly known by its trademark name, Freon, owned by DuPont. CFC-22 is a widely used refrigerant for residential heat pump and air conditioning systems.

In 1988, the United States ratified the Montreal Protocol on Substances that Deplete the Ozone Layer. By ratifying the Protocol, the United States committed to a collaborative, international effort to regulate and phaseout ozone-depleting substances. The United States amended the Clean Air Act (CAA) in 1990 to include Title VI, Stratospheric Ozone Protection. The Clean Air Act established a schedule to phase out the production and importation of CFC-22. Individual companies are licensed annually by the EPA to import specified maximum quantities of CFC-22. By 2030, the CFC-22 will be completely phased out.

Neither Mr. Garrido nor Kroy Corporation were ever licensed by the EPA to import CFC-22. They imported approximately 420,000 kilograms of CFC-22 valued at about $4 million over 2 years in violation of 18 U.S.C. section 545(smuggling). They intentionally misdescribed the CFC-22 on documentation presented to U.S. Customs and Border Protection as another refrigerant, R-134A, which did not require any special license from the EPA. As stated […]

By Jennifer Diaz|2021-04-09T12:57:25-04:00December 5, 2009|Import, U.S. Customs and Border Protection (CBP), U.S. Environmental Protection Agency (EPA)|0 Comments

I am Not Worried That My Food Is “Safe”, Are You?

The United States Congress is considering legislation to make the food we eat, especially imported food, “safe and secure”. In my opinion, even if our food needs protecting, the proposed legislation only adds to the current Federal bureaucracy. The U.S. Food and Drug Administration (FDA) already has a comprehensive regulatory procedure to stop, examine, and refuse imported food which it considers adulterated or misbranded, or otherwise not fit for human (or animal) consumption. The current FDA system is working very well, and the only achievement of the proposed legislation will be to increase the price of food. We need enforcement of the current laws, not a bunch of new laws.

Granted, there are numerous instances of imported food making people sick, and even causing death. 15% of the food we eat is imported. Nevertheless, the overwhelming number of Americans who get sick or die from consuming food had nothing to do with imported food. You may get sick at your local restaurant with food poisoning because of the poor handling of the food at the restaurant, not because the food came from overseas.

Currently, for any food to enter the United States, the importer must submit an electronic entry to both U.S. Customs and Border Protection and the FDA. The entry information includes the name of the importer, a description of the imported food, the name of its manufacturer, the country of origin, the value, the buyer of the food, and where the food is to be delivered. The requirements of the

By Jennifer Diaz|2015-12-28T14:13:54-05:00November 10, 2009|FDA Issues, Food, Import|0 Comments

Made in China, Sold in America

This weekend, I visited both Lowe’s and Home Depot looking for some new plants for my backyard. As I walked by all the newly arrived Christmas merchandise, I casually picked up a few to see where they were made. You guessed it, from Santa to Rudolph, one by one they all clearly stated “Made in China”. I finally did find one item that stated “Assembled in USA from foreign and domestic components.” I was getting frustrated. After all, as a customs and international trade attorney for the past 20 years, including the first 5 as an attorney for U.S. Customs, I have made a living doing international trade. I wondered, what happened to our balance in international trade? What happened to “Made in America”?

Everyone knows that mountains of Chinese goods are daily shipped to and sold in the United States, but what about the reverse. Fortunately, I also have that perspective, as I visit the People’s Republic of China (PRC) at least once a year for U.S. based clients importing from China or Chinese companies selling to the United States. I travel to China on an airplane, am transported to the hotel by car, and sometimes go down to the bar to have a drink. The plane is made by Boeing, the car is a Ford, the hotel is a Sheraton, and the drink is a rum and Coke (Bacardi and Coca-Cola). All of those iconic names are pure Americana.

With 1.4 billion people in China, no wonder American companies,and the rest of […]

By Jennifer Diaz|2019-08-26T20:02:23-04:00October 22, 2009|China, China Trade War, Import, Import Alert, International Business, International Law, International Trade, Supply Chain|0 Comments

Trademark Infringement

How often do you think U.S. Customs and Border Protection (CBP) officials have heard an importer say, “. . . but I didn’t tell the manufacturer to put that trademark on there”? Ignorance may be bliss, but CBP will not accept that excuse as an acceptable reason to allow counterfeit merchandise to enter into the United States, or even allow it to move in-transit through the United States. This, however, is the often heard explanation when an importer does not do its due diligence.

There are a few steps every importer should take prior to doing business with a new manufacturer or importing into the United States a new product.

A reputable manufacturer should, and ultimately will, provide a sample. Inspect the sample thoroughly. If it is an electronic item, you may want to go as far as taking it apart to make sure that the inner workings do not contain any trademarks or logos or copyrights which either you did not request or the manufacturer is not licensed to produce. If your sample is different than the merchandise shipped, then you can at least say to CBP, “This is not what I ordered. I have a sample of what I was supposed to receive,” and the correspondence with the manufacturer to support your claim. Even if you do not get your merchandise back from CBP, it is important to understand that you may use your due diligence as a mitigating factor if and when you are fined […]

By Jennifer Diaz|2021-04-09T12:57:46-04:00September 30, 2009|IPR, Trademarks and Logos, U.S. Customs and Border Protection (CBP)|0 Comments

OWIT – South Florida to Host Ambassador Juan Miguel Gutierrez-Tinoco

On September 9, 2009, the South Florida chapter of the Organization of Women in International Trade (OWIT) will host Ambassador Juan Miguel Gutierrez Tinoco, the Consul General of Mexico. This month, OWIT-South Florida’s focus is Mexico at our monthly luncheon. The luncheon will take place at the Sofitel Hotel from 11:30 to 1:00 p.m. I hope you make it! Register here.

Did you know Mexico is the third largest trading partner of the United States? Mexico’s top import into South Florida is gold, up by 184.17% according to World City’s 2009 Miami Trade Numbers.

Save the Date!

Please save November 12, 2009, for our annual International Business Women of the Year (IBWOY) awards luncheon, honoring exemplary women in the South Florida international trade community. While the details are being fine tuned, I can say that we are doing something different this year. Typically, we raise money for a scholarship for a university student. However, this year, so many of us have been touched by cancer. We recently lost Bunny Schreiber, a beacon in the South Florida trade community, and one of our own Board members is currently fighting cancer. Therefore, this year we would like to raise money for breast cancer awareness and will donate proceeds of our silent auction to the Susan G. Komen foundation. If you have any items you’d like to include in the auction, or are interested in sponsorship, please contact me.

I have to say, I personally have truly enjoyed being a Board […]

By Jennifer Diaz|2015-11-30T19:33:47-05:00September 1, 2009|Import, OWIT|0 Comments

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