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Jennifer Diaz Featured in International Trade Today

We are pleased to announce that DTL President Jennifer Diaz was recently featured in International Trade Today.

The article walks through what importers should do to prepare themselves for any outcome as the legal fate of tariffs remains unclear.

Below are a few snippets from the piece. Read the full article on ITT here.

“As importers await a decision from the higher courts on the legality of tariffs imposed under the International Emergency Economic Powers Act, importers should hedge themselves against any outcome, according to Jen Diaz, president of Diaz Trade Law, who was speaking on an Aug. 11 podcast hosted by the Global Training Center.

‘We’ll find out how this all pans out. But for right now, if you want to be safe and not sorry, get ACE, monitor liquidations, file a protective protest and ask for AFR [application for further review] to get this to stall out as long as possible until the pendency of litigation,’ Diaz said, adding that it would be helpful if CBP could indicate how importers can protect themselves and what actions CBP might take regarding reimbursement should the lawsuit go in favor of the importers.”

“Protecting the importers’ interests in this trade environment is key because, as the White House prioritizes and beefs up trade enforcement to protect U.S. interests, what’s happening now is that importers are getting more alerts of non-compliance instead of requests for more information before Customs officially takes action, according to Diaz.

‘We’re seeing more of Customs either taking action or leading straight to letters of […]

By |2025-08-21T15:34:34-04:00August 21, 2025|news, tariffs|0 Comments
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ICYMI: BIS Initiates 232 Investigations of UAS and Polysilicon Imports

On July 15, 2025, the Bureau of Industry and Security announced Section 232 National Security Investigations of: (i) Unmanned Aircraft Systems (UAS) and their parts/components, and (ii) polysilicon and related derivatives.

The Federal register notices are available here (UAS) and here (polysilicon).

BIS is specifically interested in the following information:

  1. The current and projected demand for these products and the extent to which domestic production can meet this demand
  2. The role of foreign supply chains, particularly of major exporters, in meeting United States demand 
  3. The concentration of U.S. imports from a small number of suppliers and the associated risks
  4. The impact of foreign government subsidies and predatory trade practices 
  5. The economic impact of artificially suppressed prices due to foreign unfair trade practices and state-sponsored overproduction
  6. The potential for export restrictions by foreign nations
  7. The feasibility of increasing domestic capacity to reduce import reliance
  8. The impact of current trade policies on domestic production and whether additional measures, including tariffs or quotas, are necessary to protect national security

The deadline to submit comments is August 6, 2025.

The investigations could result in new trade restrictions, including tariffs. If you import products covered under these investigations, make your […]

By |2025-07-22T07:45:47-04:00July 22, 2025|Enforcement, Export, Import, International Trade, tariffs, Trade Policy, U.S. Bureau of Industry and Security (BIS)|0 Comments
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Jennifer Diaz Featured in the Wall Street Journal

We are pleased to announce that DTL President Jennifer Diaz was recently featured in the Wall Street Journal!  

Reporter Corinne Ramey walks through the recent uptick in efforts to evade rising tariffs and how the federal government is responding. She quoted Jennifer on DTL’s approach to advising clients on enforcement. 

Below are a few snippets from the piece. Read the full article on the WSJ.com here. 

“First came President Trump’s announcements of sweeping tariffs. Next up, lawyers say, is the cheating. 

Trade lawyers say that as tariffs skyrocket, so too do the incentives not to pay them. Clients are inundating them with questions about the line between lawful loopholes and fraud. 

At the same time, the Justice Department’s shifting white-collar priorities to pursue tariff and customs-related cases more aggressively have helped create a perfect storm for more trade enforcement. And lawyers say they have seen a sharp increase in calls from whistleblowers looking to file their own cases about alleged wrongdoing…” 

“Jennifer Diaz, a Florida trade lawyer, said her firm was ramping up its criminal expertise to prepare for a new wave of enforcement. The firm now advises clients on regulatory matters and navigating customs rules.  

‘To have this topic being front page news on a daily basis is a trade lawyer’s dream,’ Diaz said.” 

Diaz Trade Law is […]

By |2025-07-15T08:34:47-04:00July 15, 2025|Enforcement, tariffs, U.S. Department of Justice (DOJ)|0 Comments
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High Tariffs, High Stakes: The Rise in Customs Fraud and Enforcement Risk

As tariffs climb and global trade grows more complex, a growing number of importers are testing the limits, or outright breaking the law, to reduce or avoid duty payments. U.S. enforcement agencies, including Customs and Border Protection (CBP) and the Department of Justice (DOJ), have made it clear that customs fraud will not be tolerated and is a top enforcement priority. 

High Tariffs = High Incentive to Cheat

High tariffs create an incentive to cheat. Whether it’s through misclassifying goods, undervaluing imports, or using deceptive transshipment routes, some companies are turning to creative or outright illegal strategies to reduce their tariff liability.

This is not theoretical, we’ve seen it before. During the U.S.–China trade war of 2018–2019, there was a surge in country-of-origin fraud, particularly Chinese goods re-labeled as “Made in Vietnam.” Known as a “country of origin wash,” this practice misleads CBP and avoids duties tied to China. 

These incentives have contributed to the emergence of a cottage industry of “tariff reduction” companies that advertise ways to cut import costs. However, many of these so-called strategies amount to evasion, putting importers at serious legal risk.

DOJ Prioritizes Customs Fraud

The Department of Justice is watching closely. In a May 2025 memo, Matthew Galeotti, head of the DOJ’s Criminal Division, named trade and customs fraud as one of the top enforcement priorities in white-collar crime.

The DOJ also expanded its Corporate Whistleblower Awards Pilot Program […]

By |2025-07-11T08:25:17-04:00July 11, 2025|Bloomberg, Customs Expert, tariffs, U.S. Customs and Border Protection (CBP)|0 Comments
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Courts Say Trump Tariffs Are Unlawful, Now What?? 

Update (June 10, 2025): The U.S. Court of Appeals for the Federal Circuit stayed the Court of International Trade’s permanent injunction on President Trump’s executive orders implementing tariffs under IEEPA. The court ruled that the stay was necessary to preserve the status quo while the appeal proceeds. The case will now be heard by the full bench of active judges in an en banc session, a rare move reserved for matters of exceptional legal significance. Oral arguments are scheduled for July 31, 2025.

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This week, three courts weighed in on President Trump’s imposition of tariffs through the International Emergency Economic Powers Act (IEEPA). 

Court of International Trade (CIT) 

On May 28, 2025, the CIT ruled against President Trump’s imposition of worldwide tariffs through IEEPA. The CIT Opinion covers both the IEEPA Reciprocal Tariff, which was invoked on April 2 on global imports, and the IEEPA Fentanyl Tariff, which President Trump ordered earlier on Canada, Mexico, and China. 

The CIT found that the power to “regulate importation” does not authorize the President to “impose whatever tariff rates he deems desirable.” Further, the CIT also found that unlimited delegation of tariff power from Congress to the President is unconstitutional under the nondelegation and major questions doctrine. 

Along with the decision, the CIT issued an order that the IEEPA tariffs be revoked and that the government has 10 calendar days (until June 7) to effectuate the order.

By |2025-06-12T06:18:20-04:00May 30, 2025|tariffs|0 Comments
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