International Trade Archives - Customs & International Trade Law Firm

2022: A Year in Review
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2022: A Year in Review
Best Practices, EEI, Export, Import, International Trade, IPR, Trademarks and Logos, U.S. Customs and Border Protection (CBP), U.S. Department of State (DOS), U.S. Food and Drug Administration (FDA), U.S. Office of Foreign Assets Control (OFAC), Uncategorized

2022: A Year in Review

From all of us at Diaz Trade Law, we are immensely grateful for your support this year. While returning to a new normal post-pandemic, Diaz Trade Law still managed to save our clients MILLIONS of dollars in 2022. It is with great joy that we finish off 2022 filled with numerous achievements and accomplishments we are humbled to share with you. We look forward to assisting you in what we envision will be a better and brighter 2023!

Below we share some of our top 2022 success stories with you.

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By Jennifer Diaz|2022-12-30T15:28:10-05:00December 31, 2022|Best Practices, EEI, Export, Import, International Trade, IPR, Trademarks and Logos, U.S. Customs and Border Protection (CBP), U.S. Department of State (DOS), U.S. Food and Drug Administration (FDA), U.S. Office of Foreign Assets Control (OFAC), Uncategorized|0 Comments

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:

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

By Jennifer Diaz|2022-09-29T11:30:41-04:00October 4, 2022|Best Practices, Counterfeits, Import, International Law, International Trade, U.S Department of Homeland Security (DHS), U.S. Department of Justice (DOJ)|0 Comments

Bloomberg: Submitting a Prior Disclosure to CBP
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Bloomberg: Submitting a Prior Disclosure to CBP
Best Practices, Bloomberg, Bloomberg Import

Bloomberg: Submitting a Prior Disclosure to CBP

Diaz Trade Law is enthusiastic to announce Bloomberg Law published another one of our articles, “Submitting a Prior Disclosure to Customs & Border Protection“! Below is the article reproduced with permission for your reading pleasure. You can also read the article here.

We’d love to hear your feedback!

All parties involved in the importation of merchandise into the US, such as importers, customs brokers, exporters, shippers, and foreign suppliers and manufacturers, can file a Prior Disclosure (PD) with Customs and Border Protection (CBP) to proactively disclose certain false statements, acts, or omissions in violation of 19 U.S.C. § 1592. By doing so, these parties may benefit from reduced penalties as a result of the PD filing. However, if CBP, Immigration and Customs Enforcement (ICE), or Homeland Security Investigations (HSI) first discovers the violation and notifies the party, the party no longer has a right to file a PD.

This article provides the background of CBP PDs, explains CBP’s new extension requirements, and identifies best practices to optimize your PD filing process.

Enforcement Background

CBP is an agency of the Department of Homeland Security that is responsible for protecting the American people, safeguarding US borders, and enhancing economic prosperity. Among many objectives, CBP’s mission priorities are to facilitate lawful trade, safeguard US interests by preventing unlawful trade, and protect revenue.

CBP is chiefly responsible for enforcing 19 U.S.C. § 1592, a statute under which CBP can assess monetary penalties against persons who make material false statements, acts, or omissions in connection […]

By Jennifer Diaz|2023-07-26T14:48:53-04:00September 20, 2022|Best Practices, Bloomberg, Bloomberg Import|0 Comments

U.S. Customs – Your Personal Policeman at the Border

Introduction

Many companies mistakenly believe that registering a trademark or copyright with the U.S. Government provides sufficient protection and remedies. However, there is an additional step that can significantly enhance protection—recording trademarks or copyrights with U.S. Customs and Border Protection (U.S. Customs).

This blog explores the distinct goals of these processes and the advantages of recording intellectual property with the U.S. Customs.

I. Registering with USPTO and Recording with U.S. Customs: Different Goals

Registering with the U.S. Patent and Trademark Office (USPTO) or U.S. Copyright Office gives public notice of ownership.
Recording with U.S. Customs aims to prevent unauthorized importation of merchandise bearing the registered intellectual property.
U.S. Customs serves as a critical partner in halting counterfeit and infringing products from entering or leaving the United States.

II. Benefits of Recording Trademarks or Copyrights with U.S. Customs

Seizure and Monitoring:

U.S. Customs monitors and seizes infringing merchandise at ports of entry, alleviating the burden on trademark or copyright holders.
This proactive approach eliminates the need to individually locate and prosecute every unauthorized importer, distributor, or retailer, safeguarding intellectual […]