Events Archives - Customs & International Trade Law Firm

2023: A Year in Review

Jennifer Diaz — Fri, 29 Dec 2023 16:47:39 +0000

From all of us at Diaz Trade Law, we are immensely grateful for your support this year. We are thrilled to report another year of achievements including saving our clients MILLIONS of dollars. The year was filled with numerous achievements and accomplishments we are humbled to share with you. We look forward to working with you in 2024!

Awards

In 2023, Diaz Trade Law received the following awards:
- Named Feedspot’s Top 15 Best Customs Law Websites
- 2023 Global Innovation and Excellence Member Award
- 2023, AV Rated, Martindale-Hubbell

In 2023, Diaz Trade Law President Jennifer Diaz received the following awards:
- 2023 Florida Super Lawyers
- 2023 Women in Supply Chain Award

Publications

Key publications written by Diaz Trade Law in 2023 were:

Bloomberg Law, Customs Administrative Enforcement Process: Fines, Penalties, Forfeitures and Liquidated Damages, November 2023
Bloomberg Law, Responding to CBP Form 28 or 29, October 2023
Bloomberg Law, Voluntary Self-Disclosures: Recent Guidance From BIS, OFAC & DOJ, September 2023
Bloomberg Law, Submitting Voluntary Self-Disclosures to Bureau of Industry & Security, May 2023
Bloomberg Law, US Sanctions List, February 2023
Bloomberg Law, Significant Changes to CTPAT Trade Compliance Program in 2022, January 2023

Key articles written in 2023 by our team at Diaz Trade Law:

MoCRA Update: Final Guidance and Launch of Electronic Submissions Portal, December 2023
ICYMI: U.S. & Chinese Companies Fined $2.5 Million for Underpaying Customs Duties, Whistleblowers to Receive $500,000, December 2023
DOC, Treasury, DOJ, State, and DHS Issue Joint Compliance Note: Know Your Cargo, December 2023
From Trade to Aid: Jennifer Diaz’s Week of Volunteering in Israel with Diaz Trade Law’s Unwavering Support, December 2023
Customs Valuation 101, November 2023
CBP’s New ePetition Process – What Importers Need to Know, October 2023
Breaking Trade News: American Producers of Aluminum Extrusions File Trade Petitions Alleging Unfair Dumping and Subsidies from 15 Countries, October 2023
Government Shutdown Avoided… For Now…, October 2023
ICYMI: USTR Announces Extension of Reinstated Section 301 Exclusions and COVID-Related Exclusions, September 2023
FDA Issues Draft Guidance for Registration and Listing of Cosmetic Product Facilities and Products, August 2023
Secure Proactive Monitoring and Enforcement of Your IP Rights Through CBP’s Recordation Program, August 2023
Doing Business With Cuba: What You Need to Know, July 2023
DHS Adds Ninestar Co. And Xinjiang Zhongtai Chemical Co. to the UFLPA Entity List, June 2023
A New Era in Cosmetics Regulation: The Modernization of Cosmetic Regulations Act, May 2023
Can A False Claims Act Qui Tam Case, Alleging Customs Fraud, Be Filed And Pursued Anonymously?, May 2023
FDA Begins Enforcement of DUNS Number Requirement for Food Facility Registrations, April 2023
USDA Proposes New “Made in the USA” Standard, March 2023
New Court Rulings on Marijuana-Related Paraphernalia: Understanding the Impact on Importers, March 2023
CBP Publishes Additional Guidance On Responding to Cargo Detentions Made Under the Uyghur Forced Labor Prevention Act, March 2023
Omnibus Bill: What Changes Can You Expect to Cosmetics Regulation?, January 2023

Customized Training Programs & Webinars

Key training programs and webinars taught by Diaz Trade Law in 2023 were:

Content Enablers Webinar, “An In-Depth Overview of CBP’s Prior Disclosure Process,” November 7, 2023
Webinar, OWIT, Virtual Exporter Round Table, November 1, 2023
Webinar, FTZ, FTZ’s and Best Practices, October 25, 2023
Podcast, Simply Trade, Becoming an International Trade Attorney, October 20, 2023
North Miami Senior High School, Ethical Governance Day, October 18, 2023
Medmarc Risk Management Webinar Series, Importing Medical Devices in Compliance with FDA, October 17, 2023
Podcast, Simply Trade, October 13, 2023
Florida International Trade and Cultural Expo (FITCE) Panel, “How to Import into the United States featuring speakers from CBP, CPSC, and FDA.” October 5, 2023
Podcast, Prologis Trade and Logistics Academy, September 24, 2023
Americas Food and Beverage Show, “Top 10 Tips When Importing into the U.S. in Compliance with CBP and FDA.” September 21, 2023
Miami-Dade County International Trade Consortium Briefing Session for European Delegation on U.S. Foreign Policy, September 18, 2023
Webinar, FCBF- Trade Online, September 13, 2023
Fort Lauderdale, FL, SBDC, International Trade Soft Skills – Cross Cultural Competencies, August 8, 2023
Florida Small Business Development Center Success Summit, how cross-cultural competencies and sure footing in your legal requirements will set you up for trade success, August 2, 2023
Webinar, FCBF – Duty Draw Back, July 12 2023
Webinar, Mass EDC – FDA FSVP, June 2023
NCBFAA Enforce and Protect Act (EAPA) Webinar, June 29, 2023
Florida International Medial Expo (FIME), How to Successfully Import Medical Devices Into the U.S., June 22, 2023
U.S.-Mexico Supply Chain Leaders, “Mastering Uncertainty: The Rise of Resilient Supply Chain Planning,” June 21, 2023
National Association of District Export Councils “Export Compliances Best Practices,” June 13, 2023
Santander food imports webinar, “Top 10 Tips When Importing Food,” June 2, 2023
IBT Online Webinar, “Florida – The Gateway to Latin America and the Caribbean – A Playbook for Canadian Exporters.” May 11, 2023
Miami-Dade Beacon Council Trade and Logistics Committee Quarterly Meeting, May 3, 2023
Webinar for the Economic Development Partnership of North Carolina (EDPNC) on trade compliance and forced labor, April 2023
MSI Global Alliance’s Asia Pacific Regional Conference, “Antidumping is Broader Than You Think,” March 2023
EDPNC Webinar, Harnessing Machine Learning for Trade Compliance Success, March 30, 2023
Global Chamber Miami, Trade Compliance and Supply Chain Visibility, March 16, 2023
Webinar, U.S. Department of Commerce’s SABIT Program Webinar, U.S. Customs and Border Protection Overview, March 14, 2023
Small Business Development Center (SBDC) at FIU, Importing 101 Webinar, February 14, 2023
Houston, TX, Deleon Conference, Successfully Navigating the CBP Detention and FP&F Process, February 9, 2023

Diaz Trade Law values you and appreciates your trust in us to be your Customs and International Trade Law Expert! Contact us at info@diaztradelaw.com to schedule your consultation or customized training today.

From Trade to Aid: Jennifer Diaz’s Week of Volunteering in Israel with Diaz Trade Law’s Unwavering Support

Jennifer Diaz — Fri, 08 Dec 2023 20:15:53 +0000

A Trip of Solidarity and Volunteerism

I spent the last 6 days on a trip of a lifetime – I went to Israel less than 60 days into an ongoing war to show solidarity and volunteer.

Just 60 days into an ongoing conflict, my decision to go was not an easy one. As the President of Diaz Trade Law, a wife, and a mother, numerous considerations came into play. Yet, an innate yearning from within insisted that this wasn’t a mere possibility; it was an imperative.

On October 7, 2023, I was home in Miami, Florida, watching the horrifying news across my screen, crying in disbelief. As a proud Jewish woman, I had to do something after the brutal Hamas terrorist government sent thousands to brutally murder 1200 Jews (slaughtering even babies)! Hamas terrorized Israel – raping women and kidnapping 240 women, children, and even babies – Geneva Convention be dammed. Ever since that dreadful day, I was glued to my phone. The news was inundating my life. I was consumed by it. My life, work, and my entire being felt superfluous to what was going on in Israel. I’ve been to Israel 4 times prior, and it was and will always be my homeland.

A Call to Serve

One of those four trips was with JLI (Jewish Leadership Institute) while I was in law school – it was trip #3 to Israel for me. The minute the JLI director said he was putting together an alumni volunteer trip to Israel, my soul called out, and I knew I had to be there.

The minute I decided to go on this trip, I was consumed by making my participation in the trip as meaningful as possible. I asked my daughter’s school to ask all students to write letters to and make drawings for soldiers. I asked everyone I could think of what volunteer opportunities existed, and I started an excel spreadsheet of organizations in the US and an on-the-ground in Israel that needed volunteers. We found out the supplies needed that we could actually bring with us (my export control side was ensuring we stayed in EAR99 land). I sourced the supplies, shipped them to my home, packed them (with help from my group and husband), and helped ensure they got to Israel. I wanted to make sure every minute on the ground in Israel counted. When we weren’t volunteering, we were supporting the Israeli economy, which is currently at a complete standstill from the demise of tourism during the war. Businesses that were always booming were now clearly suffering.

Israel called up 360,000 reservists, and in the most amazing show of country pride, they showed up and put their lives on the line in the grave effort to defeat terror. That means 360,000 people put their lives and businesses on hold.

We were a total of 15. One armed security guard, one tour guide, the JLI director, the JLI on-the-ground organizer, and 11 more of us who left everything in the US for a week to do our part in Israel. Interestingly, 3/11 of us are Attorneys.

Day 1 – A Day of Purpose: Volunteering on an Israeli Citrus Farm

Harvesting Humanity: Picking Oranges with Purpose

The minute our plane landed (lucky for us, we had an 11-hour direct flight), we cleared Israeli customs (there was talk of getting the Israeli Health Ministry involved to approve the importation of our humanitarian aid, but, thankfully, we cleared) and headed straight to volunteer on a citrus farm Gan Shlomo, in Machsan Chaluka Hatov VeHametiv picking oranges. We filled two extra-large baskets worth. The most amazing part about the farm we were on is all the fruit is always donated to the Israeli people – even when it isn’t a time of war. We were fortunate to meet the patent attorney who owns a portion of the land; this is his way of giving back. Amazing humanity. Now, the dilemma was getting the volunteers to pick the fruit. There was a ton of fruit on the floor as it wasn’t being picked timely, so we were happy to be of help.

We learned how to pick citrus – I had no clue you should twist and pull to not rip off the outer shell of the fruit, but after doing so incorrectly 20 times, I finally learned. I picked at least 10 buckets worth of fruit and put them into the huge baskets. I picked the fruit short people could get to – squatted and sat on the floor. Got dirty. Thought of nothing more than picking all the fruit diligently and trying not to waste it by breaking the outer shell. We know the fruit was delivered to both soldiers and families in need.

Moments of Reflection: The Empty Kotel and Desolate Ben Yehuda Street

We had a quick boxed lunch and set off for the Kotel (the Temple Mount, which is the holiest place in the world for the Jewish people) for some much-needed prayers. The Kotel was depressing and encouraging at the same time. It’s typically packed – it was empty, except for the encouraging school children there with a singer exhibiting country pride. They sang many songs together and brought life to the otherwise empty Kotel.

We then had a couple of hours before dinner and our evening program, so I set out with another participant to Ben Yehuda Street. From my last recollection (many, many years ago), this was the happening street, filled with stores, shops, restaurants, bars, etc. It was desolate. At each shop we went into, we spoke with the shop owners. They were discouraged, to say the least, and many of them were so grateful for our presence. The haggling I was used to was out the window. They were desperate for business, and I was there to help. I bought as many Israeli-made products as I could from each vendor and listened to their stories about their kids being called to war and not having help in their stores and no tourists to speak of. Tourism and agriculture are the two biggest drivers of economic activity in Israel, so this was heartbreaking to see while simultaneously being hopeful that more volunteers like us would step up to fill the void in this unprecedented time.

We had our evening program on Why Are We Here. No, Really, Why? We shared our individual feelings on why this trip was essential for us, and after an exhausting day – we went to our respective rooms. I haven’t had a roommate since college (not counting my husband). I now had a roommate and no AC. Thankfully, I was exhausted and passed out.

Day 2 – Packaging Hope for the Frontlines

This was, by far, my favorite and most impactful day. We started packaging food for soldiers and displaced people at a Chabad that has recently lost 5 members of the community.

Ten O’clock Breakfast Project: Honoring the Memory of Sergeant Liel Godani

They shared a story about one of their losses. Sergeant Liel Godani was always smiling, asking his mother to make 5 sandwiches a day when he was at school. After finally pressing him on it, his mother learned the extra food was really for his classmates who wouldn’t eat otherwise. He was tragically killed in the Oct 7 war, and his parents started the Ten O’clock Breakfast Project in memory of First Sergeant Liel Gidoni z”l to ensure students (and soldiers) are always fed. They gave as many as 35k sandwiches a day at the height of the war to soldiers in the assembly areas and remote outposts, the residents of the south who were evacuated and those still in shelters, to Magen David Adom and ZAKA volunteers who spent days and nights in the field, to the wounded still in hospitals and their families. The average cost of a sandwich is 4 NIS (=1$), and all donations received go entirely to purchase the ingredients, an incredibly worthwhile cause.

It was difficult to leave the sandwich-making and packing project, but we were going straight to an army base thereafter to hand deliver the cards and drawings from both my kiddos’ school and another participant kiddo school – and we were told how meaningful this would be for both of us so I was excited about that.

Bringing Joy to Army Bases: Filling Break Rooms with Love and Support

As soon as we got to the army base, we met up with a volunteer who coordinated the day. These are the people within Israel that just rock your world. This person owns a business and is putting that to the side to help. He’s met various commanders, finds out what they specifically need on their respective bases, gets the supplies along with amazing meals, and goes to army bases daily. And to top it off, he self-funds a lot of this, except for today – JLI proudly funded the meal today. I was unpacking the supplies and artwork and immediately met a soldier who showed me their break room. It had a few drawings and a lot of empty wall space. I asked if it was more meaningful for us to fill up the walls or individually provide each soldier a drawing – he insisted this particular break room was the perfect place for the drawings and letters as this is where they took much-needed pauses and really appreciated the support and encouragement. We spent the next 45 minutes covering all of the walls. We worked as a team and had just about 4 walls covered. It turned into such a beautiful, happy room filled with love and support. We told him all of the drawings and letters were from kids as young as 3 and as old as 12 and all from the USA wishing and praying for soldiers. Our hearts were all bonded with Israel, and we wanted the soldiers to feel it too.

We then took a tour of the base (which I can’t and won’t divulge anything about).

We got back to the hotel, had limited free time, and used it to shop for locally made goods and interact with locals. Specifically, I was happy my interaction with a Facebook group where volunteers seek specific opportunities panned out, and after our group discussion, we were going to meet Leah Zakh Aharoni, Executive Director of Our People (an organization that assists Russian people specifically in moving to Israel – making Aliab) to help her.

Where Israel is Now. What the Future Holds.

Our night program was led by Herb Keinon on Where Israel is Now. What the Future Holds. Unfortunately, in my perspective, it was a bleak one. We very much wanted to hear a specific plan of action while we were there. We wanted an end date to the war and to the return of the defenseless hostages. We discussed the state of Israeli politics prior to October 7 and further learned of the divisions inside of Israel that were leading to a civil war – which was, of course, the best time to attack – when our people were divided. We also discussed the resilience of the Israeli people. The attitude of the Israeli people is “First you deal with life; then you deal with quality of life”. We discussed the gut-wrenching anti-Semitism we’re seeing in the US – especially on college campuses. I wish we had more solutions – we discussed not letting it go and speaking up more in the face of anti-Semitism – although my personal belief is it runs deeper than this. My few words won’t impact or change someone’s mind who is a Hamas supporter or sympathizer. How do I specifically get someone to understand Hamas was VOTED into power and governs by using civilians – their own people as human shields? They operate military operations out of hospitals with no regard for human life. They brutally put a baby in an oven. They kidnapped and raped numerous women and beheaded and mutilated many just for being Jewish. This was as premeditated an attack as possible. If Hamas isn’t eliminated, this will recur. Israel wholly has the right to exist, and to do so, it MUST defend itself. Israel does not look to injure civilians – Hamas does. Who else provides a warning to leave an area PRIOR to attacking it? The fact that Hamas specifically stops civilians from leaving and wants to utilize them as shields should be repugnant to the world. I have zero understanding of why it isn’t. I don’t get why the world isn’t united to denounce Hamas as a terrorist organization and call the October 7th attack on Israel a brutal terrorist attack.

Spreading Chanukah Cheer: Gift-Giving for Displaced Children

After the discussion, we met with Leah at the Our People office and helped her put together Chanukah presents for displaced children living in hotels. I wanted to get something additional for each of them and was on a mission. I found dreidels that light up when they spin and was hopeful that kiddos would find them amusing and got them while on the earlier break in the day. We packaged presents with a nice toy for each and multiple dreidels and stickers, and each hand-wrote letters of support and encouragement to the children who would receive them. But for these presents, these children would likely not have anything to celebrate Chanukah.

It was a meaningful day. That evening, a few of us walked to Ben Yehuda and saw the emptiness of the stores that were typically open until midnight but were now closed at 9 pm. Bars that were packed had handfuls of people.

Day 3 – Stories of Loss and Resilience

Sleeping while in Israel wasn’t easy to do. So much weighed on my mind. In Israel, we got to see what life is really like for the Israeli people. We’re staying in a hotel with somewhere around 200 displaced family members from the Lebanon border. It’s chaos, and the hotel heavily subsidizes the rooms and food for families. Picture families with 3+ kiddos all running the hotel. Kids were everywhere. Rollerblading in the hotel. Running in the hallways. Screaming in the lobby. This was their home. I keep thinking – how long can this actually go on? Elevator buttons are consistently all pressed, elevators are broken routinely, and air conditioning isn’t turned on as the expense is too much to bear.

Life in Israel Post War

We started our day with a short talk led by the JLI staffer living in Israel. She hadn’t left her home since the war began and had a local community member assisting her disabled husband when a siren went off, and it took them longer than required to get to the bomb shelter. The woman assisting her husband died while her disabled husband (with the wife’s help) made it to the shelter on time. The JLI staffer was in an area with constant sirens and it wasn’t worth the risk to be outside to consistently have to seek shelter. She was surprised a JLI group was actually going to Israel at a time of war, and this motivated her to finally leave her house.

Serving the Community: Packaging Meals for Elder Ethiopian Families

We went to Pantry Packers where they feed so much of Israel. They provide both cards to purchase food and the food itself. We were there specifically packaging a customized meal for elder Ethiopian families. My group packaged their coffee. We had plastic bags with specific stickers advising what the bag contained, and on the other side, it said proudly packed by JLI, and we stamped the expiration date. I helped fill the machine with coffee beans and get additional beans from the stock room to fill the bin. We then filled the beans in the bag, sealed the bag, and checked our work along the way. It was an impressive operation with stations and multiple machines. They were able to get a lot done to feed their community.

We had a short lunch and went to the Friends of Zion museum, highlighting efforts the Christian community made in assisting the Jewish people during WW2 and the establishment of Israel.

Surviving Tragedy: The Harrowing Tale of Chen Kotler and the Attack on Kfar Azza Kibbutz

Perhaps one of the most insightful and heartbreaking stories we heard from was back at the hotel from Chen Kotler, who was from the Kfar Azza kibbutz, which sits on the Gaza border and was infiltrated on October 7. She was on vacation on October 7 while 62 of her kibbutz members were slaughtered and many kidnapped. In any kibbutz, the community is incredibly tight-knit; they were no exception. Her sisters, father, and friends all lived there. Her childhood was spent going to the beach in Gaza prior to access being shut off. She considered the children in Gaza her neighbors and friends. On Oct 7, the barbed wire electric gate that separated Gaza from her kibbutz was meticulously broken down, and hundreds of Hamas terrorists broke into her kibbutz with one mission – to kill and kidnap as many Jewish people as possible, women, men, children, elderly – there were no exceptions. Her vacation stopped, and for the next 48 hours, she was a virtual command center for her community. She coordinated with police, IDF, and her community to attempt to get help. She still hasn’t been able to process her loss. The community has about 1200 people in it. They lost about 5% of it in a day. Some of the hostages kidnapped have still not been returned (hence the vast efforts by Bring Them Home Now). One hostage kidnapped was a 40-year-old attorney; the video of her being kidnapped went viral. She was ferociously fighting 7 terrorists who beat her and carried her to Gaza. She was one of the few returned – alive, but in what condition and how will she have any semblance of a normal life after this?

We got to hear Chen recounting the horrific stories of the days that followed, including what seemed like 100 pages of printed WhatsApp messages of her community begging for help before some were brutally slaughtered. She showed us images of her amazing community before and the destruction that followed after. Burnt houses and bullets everywhere. It will be a massive undertaking to rebuild her community. Ultimately – she wants to return to it. As you can imagine, many, including her own father, won’t return to the place where they lost so many friends and loved ones.

That evening after dinner, we heard from Arye ben David on A Mystical Approach to the Jewish People. We discussed the Jewish people’s deep love for Israel despite the internal turmoil that made it easier to attack. The war brought the Jewish community closer with a shared focus on survival. Throughout the week, we discussed what a post-war Israel would look like, and there is much speculation and much to be revealed in this regard.

A group of us decided to go to the Kotel one last time. We each prayed and enjoyed being able to be at the holiest place on earth for us. I called my daughter and showed her the Kotel. She asked me when she was going to Israel – such a smart 3-year-old. As a parent, that’s a gut-wrenching question. Of course, I want to show my daughter Israel. When is it ok for me to do so? When the war is over? There have unfortunately always been attacks on Israel – never of the Oct 7 magnitude, but when is it safe enough for me to bring my baby girl? I want to stress that we never heard a siren going off. We were fortunate, we never heard a rocket attack while in Jerusalem. But when will the tourists feel it’s safe to return to Israel? I hope soon.

We needed a pick me up and were on a quest for ice cream – but it was about 10pm at this time, and most of Israel was closed down. 8 stores later, we finally found one right before they were turning off the lights, and they helped us. It was a nice ending to the day.

Day 4 – Shining Light in Darkness

Ammunition Hill: Honoring Heroes and Remembering Sacrifices

We started the day on Ammunition Hill and were told we were only the 2nd group of visitors since the war began. The Hill was used for displaced persons post-war, and mostly Israelis were visiting. While we were there, there were two groups: one was a group of soldiers who were in a history unit of the army, and the second was a group of Israeli students studying for the year between high school and college.

Ammunition Hill was quite meaningful. We walked through the trenches; we stood where the war was fought, and we saw the incredible humanity Israeli soldiers showed the Jordanian soldiers who perished when the Israeli soldiers gave them the humanity I’ve never heard another military providing by giving them a graveside stating “buried here are 17 brave Jordanian soldiers”. We heard more about the individual soldiers who were a part of the 6-day war that led Israel to reclaim the Temple Mount/Kotel. We got to see the Israeli flag that was put on the Temple Mount and see the display of the paratrooper who made that happen.

Crafting Tzitzit: A Symbol of Protection for Brave Soldiers

We then learned how to make Tzitzit (literally means fringes, referring to the strings on a Jewish prayer shawl as well as a garment men wear under their shirts) for soldiers who were begging for their protective armor. A group of us separated the strings, short and long, grouped 3 short strings with one long string, and put a very specific tie on them to make them easy for the next group to open and place on the shirt in a very specific knot form. Each organization was magnificent. This one had a private donation of 1.5M and used it for gear, clothing, Tzitzit, anything the army needed and similar to most communities – it had brave soldiers lost in this horrific war.

Honoring First Class (res.) Ben Zussman: A Shiva Visit and Unforgettable Memorial

We then went to pay our respects at a shiva for First Class (res.) Ben Zussman. His mother gave an unforgettable memorial speech the Jerusalem Post published. Their home was warm and inviting despite their obviously grieving. The mother is an amazing artist with rainbows on everything, expressing joy and happiness. It looked like such a warm and loving house. We were so sorry for their tremendous loss and wanted to bring a sense of the world standing with them.

Exploring the Shuk: A Vibrant Visit During Chanukah Preparations

We then had a break and went to the Shuk – I didn’t realize this was the new happening location. This was vibrant. The stores were all open (it was daytime), and despite it being slower without tourists, the locals were definitely out and supporting the local businesses. It was just about the first night of Chanukah – many had to purchase their last-minute supplies for their family dinners.

Chanukah Amidst Silence

Our hotel-displaced community led a candle-lighting ceremony for the first night of Chanukah. It is customary to light candles by a window so the world can see their beauty. They lit the menorah outside, said the customary prayers, and sang songs.

We then walked around the local community, which was typically all outside and vibrant, but not tonight. Most stayed indoors. It was a quiet Chanukah. The beauty of the light menorahs was there, but the spirit and liveliness were missing. It was a Chanukah unlike others – the war was felt.

We finished packing and headed on our 17-hour journey home. What a week.

To those who want to support worthwhile organizations making a difference, please consider the following:

Join Diaz Trade Law at Americas Food and Beverage Show!

Jennifer Diaz — Thu, 14 Sep 2023 13:31:01 +0000

Americas Food and Beverage Show is one of the largest food and beverage shows with over 5,000 buyers representing Africa, Asia, Australia, the Caribbean, Central America, Europe, Middle East, North America, and South America. The show also has a conference tied to it where leading experts will provide market trends, FDA compliance tips, trends, challenges and opportunities in the food sector, and much more. Diaz Trade Law is excited to announce that our President, Jennifer Diaz, will be a featured speaker discussing “Top 10 Tips When Importing into the U.S. in compliance with CBP and FDA.”The food show and conference are happening September 18th – 20th, 2023 from 8:00 a.m. to 5:00 p.m. EST and will take place at the Miami Beach Convention Center, 1901 Convention Center Dr., Miami Beach, FL 33139.

Why Attend?

Over 600 Exhibitors
Food and Beverage Demo Stage
245,000 sq. ft. of exhibition space
Buyers from more than 50 countries
Annual conference with industry experts including our very own Jen Diaz!

Register as a buyer or attendee HERE!

Jennifer Diaz — Thu, 07 Sep 2023 17:36:54 +0000

MDBC Trade & Logistics Committee Meeting

Wednesday, September 13

8:30 AM – 11:00 AM

The Trade & Logistics Committee will hold the last Trade and Logistics Committee Meeting of the year on Wednesday, September 13 at Port Miami located in Terminal E.

The current Chair, Jennifer Diaz, will hand the reigns of the committee over to the Chair Elect, Cloudya Esther.

A distinguished panel of experts will discuss how AI is transforming the nature of work and industry practices.

As interest in Artificial Intelligence (AI) grows, so does the demand for resources to help educate and inform about this rapidly developing technology. AI is increasingly being used in a range of industries to improve processes, save costs, and increase efficiencies. The panel of early adopters of AI will speak to their experience about the potential, limitations, and impact of Artificial Intelligence from their vantage point.

The discussion will include insights on:

How does AI affect competitiveness in our industry?
What will the future of our workforce look like with increasing adoption of AI?
What are the tactical things that government and academia can do to help industry with the necessary tools they need to help individuals prepare for the future.

About the Miami-Dade Beacon Council:

The Miami-Dade Beacon Council, a public-private partnership, is the official economic development organization for Miami-Dade County.
Led by a professional staff and Board of volunteer community leaders, the organization facilitates business growth and expansion locally, nationally and internationally.
The Council was founded in 1985 as an outgrowth of the Greater Miami Chamber of Commerce to focus on business recruitment, expansion and retention.

Green Trade Innovation and Incentives Forum RECAP

Jennifer Diaz — Wed, 12 Jul 2023 21:19:09 +0000

On July 11, 2023, U.S. Customs and Border Protection (CBP) held the Green Trade Innovation and Incentives Forum, the agency’s first conference that covered CBP’s Green Trade Strategy and related sustainable trade issues. The CBP Green Trade Strategy was formulated by the World Customs Organization (WCO) in Brussels in June of 2022 and serves as the agency’s action plan for addressing climate change’s impact on global trade. The Green Trade Strategy seeks to create business incentives that promote green investment and innovation but also includes ramped-up environmental enforcement efforts. The conference participants included multiple senior officials from CBP, and its partner agencies, as well as top executives from leading industry organizations.

Green Trade Incentives:

AnnMarie Highsmith, Executive Assistant Commissioner for CBP’s Office of Trade explained that the Green Strategy rests on four pillars:

Incentivizing Green Trade
Strengthening environmental enforcement posture
Accelerating green innovation
Improving climate resilience and resource efficiency

The first and third pillars refer to CBP’s efforts to work with its partner government agencies and industry leaders to remove barriers to sustainable trade and to promote green innovation. Multiple industry leaders at the conference proposed ways that CBP could create incentive structures that reduce the carbon footprint of global supply chains and promote green innovation.

Matthew Thurston, Vice President of Sustainability at REI-Co-op noted that a challenge for manufacturers is creating product impact standards for suppliers of raw materials. Mr. Thurston noted that one-way CBP could incentivize manufacturers to invest in low-carbon materials in merchandising by amending the HTS to provide duty benefits.
Michael Levine, Vice President and Chief Sustainability Officer at Under Armor added that government agencies should incentivize investment in the mechanical-chemical infrastructure, which would reduce costs for creating re-usable materials.

Vaishali Udupa, Commissioner for Patents, at the U.S. Patent and Trademark Office (USPTO) explained how the USPTO drives innovation in green technology by providing incentives for industry organizations. Ms. Udupa identified several USPTO programs that create incentives for green investment:

Patents for Humanity: A “Green Energy Award” will be issued to patent applicants, holders, and licensees whose inventions address climate change through green technologies. Application deadline is September 15, 2023.
Trademarks for Humanity: An award that recognizes brand owners that solve humanitarian challenges, including the promotion of sound environmental business practices. Application deadline is July 14, 2023, or until 200 applicants are registered.

Climate Change Mitigation Pilot Program: accelerates patent application review for technologies that address climate change. Submission deadline is July 7, 2027, or until 4,000 applications are registered.

Green Trade Enforcement

As noted above, strengthening environmental enforcement efforts is a central pillar of CBP’s Green Strategy.

Troy Miller, Acting Commissioner at CBP noted that the agency plans to increase its enforcement efforts to target illegal logging operations in the amazon. Mr. Miller also identified illegal fishing practices as another target of CBP’s joint enforcement efforts (noting CBP’s recent seizure of illegal fish bladders worth 2 million USD in Arizona).

Environmental considerations should be built into your import and export compliance plans. To learn more, contact Diaz Trade Law at 305-456-383 or info@diaztradelaw.com.

International Trade Week

Jennifer Diaz — Tue, 14 Jun 2022 14:50:05 +0000

Diaz Trade Law was enthusiastic to attend various events from International Trade Week which took place from May 16-20 of 2022. Here is a recap of all the events we attended!

ADCVD

Scott McBride talked about transshipment and how it is evasion and how fraud is not covered by circumvention laws but rather by CBP.
This presentation discussed 226b, 226d, and 226f.
- 226b discusses self-initiation and how a notice will be issued if the government initiates it.
- 226d allows rejection of circumvention injury and identifying problems where parties can fix the issues.
- In this case, if commerce does not identify the issue, commerce must issue determination and if it is extraordinarily complicated, it can be expanded up to a full year.

Food and Drug Administration

Angel Omar explained how all products are required to meet the same standards as domestic goods/products.
- Drugs and devices must be safe and effective and require a fee application prior to importation.
- Every product must meet performance requirements and must contain a label that is presented in English.
Food, Drugs, and Cosmetics Act has an import section that allows for refusal for import electronics and products that fail to meet the applicable standards.
- Appearance is very important and based on the standard, the FDA can refuse the entry of goods that appear to be misbranded.
- Section 708 allows the FDA to destroy products without an opportunity to export/refuse if the product is valued at $2500 or less.
FDA’s import alerts allow for detentions without physical examination to prevent products from entering the United States and ensure that products entered in the U.S. are in compliance.
- The importer must provide documentation or information which will help overcome the alleged violative nature of the product.
- A history of violations by corporations, of certain commodities, or from a geographic area are all factors are taken into consideration (as import alerts are listed by product, industry, country, and/or company).
- There is a very specific process to be removed from an import alert list including submitting a Petition for the removal of your company from an Import Alert list.

Office of Trade Forced Labor Enforcement

Maria Navarro of CBP’s Office of Trade focused primarily on educating the audience on international statistics regarding forced labor which predominantly occurs in Southeast Asia, showing how 24.9 million people are victims of forced labor.
Navarro defined forced labor as all work or service which is exacted from any person under the menace of penalty for its nonperformance and for which the worker does not offer voluntarily. Perpetrators of forced labor may push threats of violence, withheld wages, and threats of deportation. Involuntariness includes the requirement to perform a different job than what was previously agreed to in the recruitment process and prevents the worker from quitting the job.
In response to the rise in international forced labor, the Tariff Act Statutory Authority and TFTEA were put in place to prohibit the importation of goods that were manufactured using forced labor. U.S. Customs and Border Protection have a process for enforcement concerning forced labor.
- This process includes a receipt of allegation or self-initiation, evaluation to determine whether to issue a WRO, CBP Commissioner evaluation of Withhold Release Order (WRO) issuance, issuance of a WRO, detention of merchandise, export, contest, or protest, finding/customs bulletin and federal register, seizure, and FPF processing.

Office of Trade: Uyghur Forced Labor Prevention Act

H.R. 6256: Uyghur Forced Labor Prevention Act (UFLPA), signed Dec. 23, 2021, expanding upon Section 307 of the Tariff Act.
- The commonly exported commodities from this region include textiles, agriculture, electronics, chemicals, and equipment.
UFLPA establishes a rebuttable presumption that any good produced in whole or in part in Xinjan Uyghur Autonomous Region contained forced labor. In addition, UFLPA gives CBP authority to determine exceptions to the rebuttable presumption where clear and convincing evidence is given.
UFLPA gives CBP authority to determine exceptions in the following cases:
- First one must provide FLETF guidance (guidance available June 21)
- Completely and substantively responded to all inquiries by CBP
- Provides clear and convincing evidence that their supply chain is free of forced labor
CBP has now issued a UYGHUR FORCED LABOR PREVENTION ACT OPERATIONAL GUIDANCE FOR IMPORTERS.

CBP Agriculture and Prepared Products CEE

Chief Customs Entry Officer John Dobbs and the Supervisory Customs Entry Officer Fabian Mora discussed the Harmonized Tariff Schedule and the notion of “advanced in value/improved in condition” where products would not be subject to the duty-free treatment granted under statutory authority.
- For example, a plain chicken breast exported to a foreign country with an addition to make it a breaded chicken breast would be an improved condition.
Under the 19 CFR 10.1, shipments valued over $2500 and claimed to be free of duty under 9801, certain declarations must be filed at the time of entry/ This declarations include a declaration by the foreign shipper (19 CFR 10.1 (a)(1)) and a declaration by the owner, importer, or consignee (19 CFR 10.1 (a)(2)).
- Some products do not need a declaration, such as aircraft and aircraft parts and equipment along with non-consumable vessel stores.
- CBP may ask for additional documents for U.S. made goods only such as U.S. expert invoice and a bill of lading evidencing the U.S. origin of the articles.
Declarations can be waived.
- 19 CFR 10.1 (d) states that if the center Director is Reasonably satisfied and the articles are imported in circumstances meeting requirements, the director may waive them.
- 19 CFR Sec. 10.3 (a)(2)-Drawback; Internal-revenue tax where a Drawback may be allowed if the documentation is readily available.

Trade Policies and Programs

USMCA is the most utilized trade agreement in the U.S. and has replaced NAFTA as the agreement between the U.S., Mexico, and Canada as the presence criteria A-D are identical from NAFTA
USMCA contains special provisions for automotive goods with an increased regional value content (62.5% à 75%).
- USMCA introduces four new provisions related to automotive goods including Regional Value Content = 62.5%, Steel Content = 70%, Aluminum Content = 70% and Labor Value Content = 25% for passenger vehicles or trucks. The same rules of Origin Application are used for new and used vehicles.

In general, USMCA’s recordkeeping requirements are the same as in NAFTA.
- An importer must maintain records and documentation related to the following areas and render them available upon request for a period of no less than five years of the date of the imported good:
  - importation (entry docs, certification of origin), origin of good, and compliance (transit and transshipment).
- Key changes to the recordkeeping requirements include that recordkeeping documents can be maintained in any format and requirements apply even if the importing party does not require a certification of origin or if the requirement is waived.

Border Enforcement of Intellectual Property

The difference between registration and recordation entails that registration relates to the act of filing (1) a tm with USPTO, or (2) a customs recordation refers to recording an active registration with CBP.
- There is a $190 CBP fee per international class, per TM registration. In order to record with CBP you must have a valid TM or copyright registration.
- The fee for e-recordation of a copyright is $90. Recordation can be renewed for another term for fee of $80.
- Recordation has additional benefits such as enforcement against “Confusingly similar” marks, names and addresses of the parties, and Section 1526 (f) penalty available to deter future violations.
Gray market goods are foreign made goods that bear genuine trademark and are intended for sale in a market other than the US and imported with or without authorization from the U.S. TM owner.
- The general rule is that the importation of gray market goods is permissible unless there is a recorded mark that explicitly states gray market importations are restricted.

CTPAT State of The Program – Leveraging Technology and Partnerships to Strengthen Supply Chain Security

In 2022, CTPAT will begin accepting new Trade Compliance applicants with the intention to redesign and update member benefits and program benefits.
CTPAT’s 2022 fiscal year priorities are intended to increase collaboration, advance digital capabilities, and expand the program.
- Collaboration will be increased by sharing trends and information with its members, working across internal groups, expanding global reach, and engaging with other AEO programs.
- Digital capabilities will be advanced by using data analytics to enhance the program’s operational effectiveness through two dashboards: the Member Incident Dashboard (MID) and the MSC Performance Tracker (MPT). Digital capabilities will also be advanced by including virtual validations, CTPAT applications, and a CTPAT portal.
- The program will be expanded by including Trade Compliance, entity expansion, and enhanced benefits.
The next CTPAT conference will take place from July 18-20, in Anaheim, California.

CTAC: Commercial Targeting & Analysis Center

The CTAC works to secure trade lines with a mission to reduce illicit trade and promote trade that meets recognized standards.
The following process is used by CBP:
1. identify import safety risks,
2. assess/scope risks,
3. targeting input,
4. joint agency exams and reporting,
5. analyze exam findings/lab testing,
6. targeting input,
7. risks are mitigated or targeting continues.
Overlapping agency authorities can be leveraged to prioritize high-risk commodities, aligning product risk and authority. Safety risks are managed into categories: higher risk: IS, counterfeits; medium risk: trade intelligence, unknown entities; lower risk: inherent risk of product.

NHTSA: The Importation of Trailers into the U.S.

Non-conforming vehicles can be imported, provided that they are determined eligible for importation and are imported by a registered importer under the Department of Transportation conformance bond.
If the manufacturer fails to demonstrate that it has exercised “reasonable care” in certifying the vehicle or equipment item to the standard in question, it is subject to civil penalties.
Penalties are currently set at just over $22,992 per violation.
The penalties have a maximum of just over $114,954,525 for a related series of violations. With respect to each vehicle or equipment item that does not comply, a separate violation exists.
Before exporting its products to the United States, manufacturers of conforming vehicles must:
- identify themselves and their products to NHTSA pursuant to 48 CFR Part 566,
- submit VIN deciphering information to the NHTSA pursuant to 49 CFR Part 565,
- designate a U.S. resident as its agent for service of process pursuant to 49 CFR Part 551, subpart D. Manufacturers of tires, brake hoses, and glazing must also affix unique identifying numbers or marks to their products.

Consumer Product Safety Commission (CPSC)

CPSC is automating the notification of its investigators and its system coordination of the HTS codes of interest.
- Out of over 2 million shipments, only about 10 thousand shipments are directed to manual review.
Whenever CPSC requests a certificate from an importer, the importer has 24 hours to provide that certificate.
CPSC proposed establishing a permanent E-filing program (as a result of Alpha Pilot). At the moment, E-Filing is only required upon request, but the CPSC’s goal is to make it permanent.

Upcoming Webinar: Basics of U.S. Tariff Classification (HTSUS)

Jennifer Diaz — Thu, 28 Apr 2022 16:44:56 +0000

Did you know the Harmonized Tariff Schedule of the U.S. (HTSUS) can be difficult to navigate, and importers often either don’t even know what HTSUS is, or strictly rely on customs brokers for this number, not realizing it is an importers responsibility and liability to ensure that the HTSUS be correctly declared? Now, especially, with 301 duties in place, ensuring you have the right HTSUS is more important than ever.

Ensure you’re informed and updated on classification and binding rulings and register for Diaz Trade Law’s webinar “Basics on Tariff Classification“ taking place on May 12, 2022. This one-hour webinar will provide insights into the importance of CBP Rulings for classification and binding rulings in ensuring compliance when importing into the United States. The presenter will provide an overview of the process of how to receive a final classification and binding ruling from CBP as well as TOP tips on when it may be advantageous to do so.

Register today to hear directly from DTL’s president, Jennifer Diaz as she teaches attendees about the fundamental in ensuring compliance when it comes to classification along with the new HTSUS changes in 2022.

Why Should I Register for this Webinar?

On January 27, 2022, the basic edition of the official 2022 Harmonized Tariff Schedule of the United States (HTS) became available on the Commission’s web site. The January 27 edition includes provisions reflecting the changes recommended by the World Customs Organization for 2022, which were effective for many countries on January 1, 2022.

To the further discuss the above implications, Diaz Trade Law is hosting our webinar “Basics on Tariff Classification” to train industry on the various aspects involved in tariff classification and how to avoid and react to non-compliance.

In this webinar, you will learn the fundamentals in classification, HTSUS structure, the importance of GRI’s / Explanatory Notes / Chapter Notes, HTSUS 2022 changes, Classification Checklist, the importance and significance of CBP Rulings for classification, top 10 tips when importing to ensure compliance, key best practices and real-life case studies. This webinar will help you learn what to do, and more importantly, what NOT to do, and what the consequences are for non-compliance under 19 USC 1592.

Importers, Customs Brokers, Regulatory Affairs Professionals, In-house Legal Counsel, Product Development Managers, and others interested in Importing are encouraged to attend either live on May 12, 2022, at 12:00 PM, or on demand thereafter. Register HERE!

Webinar Summary

When/Where:

May 12, 2022, 12pm EST (live on zoom and on demand)

What:

In This Webinar You Will Learn:
- Fundamentals in classification
- HTSUS structure
- Importance of GRI’s / Explanatory Notes / Chapter Notes
- HTSUS 2022 changes
- Classification Checklist (attendees will receive this checklist and a helpful article on classification)
- Importance and significance of CBP Rulings for classification
- Top 10 tips when importing to ensure compliance
- Learn key best practices and hear real life case studies
- Learn what to do, and more importantly, what NOT to do, and what the consequences are for non-compliance under 19 USC 159

Who:

Presenter:
- Jennifer Diaz
Who should attend:
- Importers
- Customs Brokers
- Regulatory Affairs Professionals
- In-house Legal Counsel
- Product Development Managers
- Others interested in Importing

Why:

Eligible for 1 CCS/MCS/CES/MES NEI Credit
– Input your NCBFAA NEI ID number at the time of registration to receive credit.

Upcoming Webinar: Equality in Gender & Trade

Jennifer Diaz — Wed, 23 Feb 2022 13:45:23 +0000

Did you know when women’s economic engagement increases, productivity and prosperity also rise? In addition, empirical studies show that raising women’s income is strongly associated with investment in nutrition, health, and education. Ensure you’re informed and updated on trends affecting global trade and register for Diaz Trade Law’s first 2022 webinar “Gender and Trade“ taking place on March 10, 2022. This one-hour webinar will provide insights into the role gender can play in increasing trade and prosperity.

Register today to hear directly from DTL’s president, Jennifer Diaz and International Development Advisor, Linda Schmid as they teach attendees about how women fit into the picture of trade and what nations and customs and border agencies can do to level the playing field.

Why Should I Register for this Webinar?

Disposable incomes may expand or contract as the cost and quality of consumer goods change. For example, the cost of gas, food, and clothing restricts the household budget and expenditures on education, nutrition, housing, and business development. High tariffs, investment restrictions, and opaque regulatory environments can raise the cost of imports of goods and services and diminish disposable income for women. This in turn can limit funds available for entrepreneurship and business development.

To the further discuss the above implications, Diaz Trade Law is hosting our first 2022 webinar “Gender and Trade” to train industry on the importance of considering how gender affects trade and vice versa while looking into ways to improve current conditions for women and the inequality.

In this webinar, you will learn why we should consider trade through the lens of gender, how women fit into the picture in general, what impact women’s disposable income has on trade, how nations can and have improved conditions for women in the global marketplace, and how customs and border management practices affect women traders.

Anyone interested in gender and trade is encouraged to attend either live on March 10, 2022 at 12:00 PM, or on demand thereafter. Register HERE!

Diaz Trade Law Invites the Trade Community to Two Free Webinars this Summer!

Jennifer Diaz — Mon, 12 Jul 2021 15:19:42 +0000

Celebrate the summer season with two light hearted webinars on International Trade. Diaz Trade Law invites the trade community to two FREE webinars; space is limited – register today! Laugh with us at the Humor in International Trade webinar and learn insightful facts about the impact of international trade on American history during The First Laws — History of Customs and Revenue Law. More information about each webinar is provided below:

Can We Find Humor in International Trade? – July 14, 2021 at 12:00 PM ET

This one-hour webinar describes humor in trade. International Trade is a serious subject, but within it, bits of humor can be found. Register today to hear from this experienced duo and discover many of the oddities and idiosyncrasies prevalent in our modern-day international trade system.

President and Founder of Diaz Trade Law, Jennifer (Jen) Diaz is a Chambers ranked, Board Certified International Attorney specializing in customs and international trade.

David J. Craven has been an active practitioner in Customs and International Trade Law since his admission to the Bar in 1985 and has represented clients in broad range of trade and customs matters from companies on 6 continents.

This webinar will discuss various humorous incidents and absurdities in the U.S. customs and trade laws from tea boards and brave soldier toys to conundrums relating to entry

Who should attend: This webinar is intended for anyone who believes that “There is Humor in All Things”

The First Laws — History of Customs and Revenue Law – August 11, 2021 at 12:00 PM

This one-hour webinar focuses on the fact that Trade has always been an important part of the American Economy. Some of the very first laws of our new Nation addressed imports and even today the Government continues to regulate trade. Register today to hear from this experienced duo.

President and Founder of Diaz Trade Law, Jennifer (Jen) Diaz is a Chambers ranked, Board Certified International Attorney specializing in customs and international trade.

In this webinar we will trace the development of today’s laws from their earliest roots.

Who should attend: This webinar is intended for anyone interested in putting today’s trade climate into a historical perspective.

Space is limited, registration required! Access instructions will be provided after your registration is complete. Don’t just take our word for how awesome Diaz Trade Law webinars are. Click here to see what our past attendees had to say. Be sure to join us on July 14, 2021 and August 11, 2021.

Recent Government Data Indicates that Florida Trade is Rebounding Fast Despite Pandemic Hit

Jennifer Diaz — Wed, 17 Mar 2021 12:45:43 +0000

Co-Authored by Sharath Patil

COVID-19’s Impact on the Global Economy

The COVID-19 pandemic has had systemic implications for nearly every facet of our lives and society. The world of international trade is certainly no exception. Businesses and governments alike have had to figure out how to continue import and export operations while accounting for the risks present in the current trading climate. Challenges that importers and exporters have faced include: 1) dramatic demand spikes for certain goods, 2) equally dramatic crashes in demand for other goods, 3) significant back-ups of inflowing shipments at key ports, 4) an increase in trade restrictions and other barriers to trade, and 5) contractions in trade volumes, just to name a few.

Trade Challenges in Florida

Florida has not been immune to these trade disruptions. The U.S. Census Bureau released 2020 annual trade data on February 5, 2021, which included interesting trends about Florida’s trade flows. International trade is big business in the Sunshine State In fact, in 2019, Florida exported $57.3 billion in goods, and ranked as the seventh largest exporting state according to the U.S. Census Bureau. Similarly, Florida imported $83.7 billion in goods in 2019, and ranked the tenth largest importing state. In recent years, Florida’s top three export destinations have been Brazil, Canada, and Mexico, respectively while its top import sources have been China, Mexico, and Canada, respectively. In 2020, these import trade relationships took a hit. Fortunately, however, the state is quickly rebounding.

EXPORTS

In 2020, total Florida export values have crashed relative to recent years. The 2020 annual data, which was released on February 5, 2021, indicates that Florida exports of goods crashed 19.2% ($11.0 billion) in 2020 compared to 2019, and 22.4% ($13.4 billion) in 2020 compared to 2018. In 2019, Florida’s top three export categories were electronics and electric machinery (HS code 85), heavy machinery (HS code 84), and aircraft/spacecraft and parts (HS code 88). These export categories all crashed in 2020 compared to 2019 at a rate of 14.84% ($1.49 billion), 16.5% ($1.52 billion), and 29% ($2.4 billion), respectively. Florida’s exports to its most significant export partner, Brazil, were impacted 22.4% ($1.0 billion) compared to 2019. Interestingly, the majority of Florida’s export crash occurred in the April to September of 2020. Exports are steadily rebounding and total Florida export values in October to December 2020 are more similar to the same months in 2019 or 2018.

Source: U.S. Census Bureau

IMPORTS

In 2020, total Florida import values also crashed relative to recent years. The 2020 annual data indicates that Florida imports of goods crashed 7.6% ($6.4 billion) in 2020 compared to 2019, and 7.9% ($6.7 billion) in 2020 compared to 2018. Florida’s top three import categories are electronics and electrical machinery (HS code 85), heavy machinery (HS code 84), and automobiles / automobile parts (HS 87). These export categories all crashed in 2020 compared to 2019 at a rate of 4.6% ($493 million), 12.1% (1.0 billion), and 20.0% ($1.5 billion), respectively. Florida’s imports from its most significant import source, China, decreased 9.2% ($1.2 billion) compared to 2020. The majority of the crash in imports occurred in April to June of 2020. Imports have quickly rebounded and total imports in September to December 2020 are similar to the same period in 2019 or 2018. In fact, Florida imports in December 2020 were 2.3% higher than Florida imports in December 2019.

Source: U.S. Census Bureau

Promising Months Ahead

Although the State of Florida continues to deal with sky-high COVID-19 figures and there is still much to be done to combat the virus, Florida’s trade outlook appears promising and a return to normal is on the horizon. Florida Secretary of Commerce Jamal Sowell and president & CEO of Enterprise Florida, Inc. stated in a December 2020 press release:

Florida’s economy was blindsided by a sudden recession and prolonged disruptions to supply chains because of COVID-19. But jobs are coming back, commerce is on the uptick and Enterprise Florida is in lockstep with Governor DeSantis’s bold mission to retake the high ground of prosperity for all corners of Florida.

The outlook for Florida’s many seaports is also positive. For example, Moody’s Investors Service forecasted a stable outlook for the Port of Palm Beach. Moody’s Chief Financial Officer and Deputy Director Paul Zielinski stated:

The Port of Palm Beach, like most businesses, was significantly impacted in 2020 by the COVID-19 pandemic. While we saw a slight declines in cargo shipments, the no-sail order on our cruise business was and continues to be our greatest challenge. However, we have the financial depth to meet these challenges with a liquidity position exceeding 24 months. We also have the ability to maintain a favorable liquidity position as a result, of both the solid profit margins inherent in our long-term agreements and our continued commitment during this time to control expenses.

Finally, Doug Wheeler, the president and CEO of the Florida Ports Council remarked on the challenges and opportunities ahead:

Recent studies have shown Florida’s ports remain resilient to disasters, from recurring hurricanes to disruptions to the global supply chain. We continue to grow and diversify — in goods and services, trade partners, and innovative technologies — to help us withstand and endure the myriad challenges we face. Although we know the COVID‑19 pandemic will continue to impact our port economies into the unforeseeable future, every single day, Florida’s ports continue to deliver critical goods to individuals, families, and businesses. Our ports are economic engines of our communities, and they will be instrumental in getting the state’s, and the nation’s, economy back on track.

Overall, Florida importers and exporters continue to deal with many challenges including contractions in trade volumes, disruptions in supply chains, and quickly changing federal trade policies. Nevertheless, Florida’s remarkable path to recovery is promising. The Florida’s trade community hopes for the trajectory of the last four months to continue through 2021.

DATA NOTES

All data sourced from the U.S. Census Bureau and adjusted for inflation to base month December 2020. 2020 annual data was released by the U.S. Census Bureau on February 5, 2021. Although U.S. Census Bureau trade data can be helpful, the data has many limitations. For further questions on how COVID-19 may have impacted your particular industry’s trade flows and for assistance on any trade or customs matters, contact us at info@diaztradelaw.com.