Out now! Episode 10 of Law Sh!t You Should Know featuring DTL President Jennifer Diaz. The episode dives deep into the complex world of international trade and covers a variety of topics including duties, trademark recordations, forced labor, seizures, classification, anti dumping and countervailing duties, importers of record, and more. Watch below or listen here.
In a major ruling, the Supreme Court overturned their decision in Chevron v. Natural Resources Defense Council that gave federal agencies great leeway in interpretation of laws. Instead of deferring to agencies, judges may now substitute their own interpretation of the law, making it easier to overturn agency regulations across the federal government.
In 1984, the Supreme Court decided Chevron v. Natural Resources Defense Council – the case involved the Environmental Protection Agency’s (EPA) interpretation of the Clean Air Act. The Court ruled that since the law was ambiguous, the EPA (and other federal agencies) should have leeway to interpret the statute. Further, Chevron said that courts should uphold the agency’s interpretation, even if the agency’s reading differs from what the court believes is the best statutory interpretation, as long as it is reasonable.
This principle became known as “Chevron deference” and came to be one of the most consequential decisions in Administrative Law. In the 40 years since Chevron, federal courts have cited the decision more than 18,000 times.
In a 6-3 ruling, the Supreme Court threw out the “Chevron deference” principle, calling it inconsistent with the Administrative Procedure Act – the federal law that governs the procedures federal agencies must follow and how courts are to review actions by the agencies. The decision stated that it is the responsibility of the courts to decide what the laws mean, not the agencies, and that Congress […]
Join us in person at the World Trade Center Miami or on Zoom! Eligible for 3 CCS continuing education credits.
Many mistake the ease of importing to mean there is no liability or obligation on the part of the importer. However, if you import merchandise into the U.S., you may not realize, but, you are the responsible party! That means you have a duty to exercise “reasonable care” when importing.
What is reasonable care? Importers must conduct themselves as a reasonable importer would under the circumstance with respect to importing prior to entering goods into the United States. They must:
Read more about reasonable care in our Bloomberg Law article here.
All importers should have a plan in place to navigate merchandise descriptions & classification, product valuation, country of origin, intellectual property rights, forced labor, quotas, requirements of other agencies, and more.
In this presentation, our speakers will discuss how to comply with CBP’s vast laws and regulations. By the end of […]
Diaz Trade Law President Jennifer Diaz has been recognized with a Superb Attorney rating by Martindale-Avvo!
Martindale-Avvo has been the premier source for attorney ratings since 1868. The organization provides verified attorney ratings based on their legal ability and ethical standards as judged by their peers.
The Superb Attorney rating is given only to attorneys who are rated for the highest level of professional excellence.
Congratulations to DTL President Jennifer Diaz on her 2024 Martindale-Hubbell AV Preeminent Rating.
Martindale-Hubbell has been the premier source for attorney ratings since 1868. The organization provides verified attorney ratings based on their legal ability and ethical standards as judged by their peers.
The AV Preeminent distinction is given only to attorneys who are peer rated for the highest level of professional excellence. Jennifer received the highest possible rating in both legal ability and ethical standards.
