compliance

Building & Maintaining an Export Compliance Plan

Diaz Trade Law is enthusiastic to announce Bloomberg Law published another one of our articles, “Building & Maintaining an Export Compliance Plan! We also thank our law clerk, Gabi Perez, for her support with research for this article. Below is the article reproduced with permission for your reading pleasure. You can read the article here (where you’ll have the ability to access all of the great hyperlinks). Please note you cannot click on the hyperlinks below.

We’d love to hear your feedback!

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Customs Undervaluation- It’s a Crime

Customs Valuation is a procedure to determine the customs value of imported goods. The customs value is essential to calculate the total duty to be paid on an imported good. As part of its agreement with the World Trade Organization (“WTO”), the U.S. is part of an internationally standardized system of valuing imports. This standardized system allows for CBP to protect revenue, ensure reasonable care from importers, and accurately calculate Census trade statistics. Accordingly, it is critical to declare the value of importations accurately and compliantly. 

The U.S. Customs and Border Protection (CBP) valuation methodology (as well as a summary of relevant Customs rulings) are described in detail in the Valuation Encyclopedia (i.e., the best resource on valuation inquiries). CBP permits merchandise to be valued according to one of the six valuation methods listed below. The methods are applied sequentially from first to last until an applicable value is determined. If the first method does not apply, the importer must then evaluate the second, and so on, until an appropriate method applies. The only exception to this sequential evaluation requirement is when evaluating between deductive value and computed value – an importer may choose to use the computed value before the deductive value.

Methods of Valuation:

  1. The transaction value of imported merchandise (the majority of imports use transaction value – i.e., the price paid or payable plus assists (see below))
  2. The transaction value of identical merchandise
  3. The transaction value of similar merchandise
  4. Deductive value
  5. Computed […]

Customs and Trade Law Weekly Snapshot

Here is a recap of the latest customs and international trade law news:

 

 

 

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Uyghur Forced Labor Prevention Act (UFLPA): What You Need to Know

Uyghur Forced Labor Prevention Act (UFLPA) and What You Need to Know?

On June 16, 2022, CBP held a webinar on the Uyghur Forced Labor Prevention Act (UFLPA). The UFLPA goes into effect June 21, 2022 so it is critical that importers are proactive about forced labor compliance in preparation for this implementation. During the webinar CBP discussed their recently published operational guidance for importers. This blog article provides an overview of CBP’s current enforcement environment and how UFLPA will change CBP’s enforcement procedures for imports generally, and specifically from the Xinjiang region. For general guidance on preventing the importation of goods produced with forced labor and how importers should audit their supply chain to ensure non-use of forced labor, please refer to our Bloomberg Law article, “U.S. Customs Targets Use of Forced Labor”.

Background

Under Section 307 of the Tariff Act of 1930 (19 U.S.C. 1307), CBP derives the authority for preventing the entry into the U.S. market of products made with forced labor by investigating and acting upon allegations of forced labor in supply chains. CBP issues Withhold Release Orders (WROs) and findings to prevent merchandise produced in whole or in part in a foreign country using forced labor from being imported into the United States. CBP defines Forced labor as all work or service which is extracted from any person under the menace of any penalty for its nonperformance and for which the worker does not […]

Bloomberg: What is an Importer’s ‘Reasonable Care’ Standard?

Diaz Trade Law is enthusiastic to announce Bloomberg Law published another one of our articles, “What is an Importer’s ‘Reasonable Care’ Standard“! We want to thank law student Isha C. Biswas for her amazing support in getting this article to the finish line!

Many mistake the ease of importing to mean there is no liability or obligation on the part of the importer. In our perfect world this article would be required reading PRIOR to importing where importers would learn about their OBLIGATION to use reasonable care when importing, and actually learn what reasonable care means. This article digs in and gives away TONS of practical guidance. Below is the article reproduced with permission for your reading pleasure. You can read the article here (where you’ll have the ability to access all of the great hyperlinks). Please note you cannot click on the hyperlinks below.

We’d love to hear your feedback and urge you to SHARE with importers!!

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