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

Successfully Mitigated Penalty Actions and Refunds Issued by CBP to our Clients

• Our client wanted to know the status of prior CBP refunds and the status of the return of their collateral paid to their surety. Through our ACE report we were able to confirm over $500,000 in refunds, and our FOIA discovered where the checks were sent to. We were able to assist in ensuring the CBP refunds were properly returned to our client. Similarly, we were able to work with the surety to ensure the collateral posted was properly returned. 
• Our client received 4 penalties totaling $411,641 from CBP. After Diaz Trade Law filed a successful Petition with CBP, the penalties were mitigated with a total savings of $356,803.20!​
• Our client received a penalty of $307, 970 from CBP in accordance with Title 19. After Diaz Trade Law intervened, the penalty was determined to be mitigated in full.
• Our client received a penalty in the amount of $216,867.00 from CBP. After Diaz Trade Law filed a successful Petition with CBP, the penalty was mitigated in full!​
• Our client received a penalty of $118, 237 from CBP in accordance with Title 7 and Title 9. After Diaz Trade Law intervened, the penalty was afforded mitigation in the amount of $11, 823.70.
• Our client received multiple CBP Notices of Penalty. Diaz Trade Law convinced CBP to agree to receive one Petition covering all FP&F cases, and similarly agreed to the mitigation requested in our Petition and the over $43,000+ penalties were mitigated down to just $1,500 (a huge savings to our client).​
• Our client received a penalty of $39,800 for allegedly importing counterfeit merchandise. Diaz Trade Law was successful in getting this penalty CANCELED entirely!
• Our client incurred a penalty from CBP in the amount of $29,386.00. Diaz Trade Law filed a petition with CBP and the penalty was mitigated down to $2,938.60, or 10%. ​
• Our client received a $14,362 penalty from CBP for incorrectly filing Electronic Export Information (EEI). After Diaz Trade Law’s successful petition, CBP mitigated the penalty to $750 (a 95% reduction!).
• Our client was fined for misclassifying their products with CBP. After Diaz Trade Law intervened and claimed prior disclosure treatment, CBP refunded an overpayment of $10,618.56.
• Our client received penalty relief from CBP after Diaz Trade Law filed a successful supplemental petition.​​​

Successfully Mitigated Liquidated Damages Claims 

• Our client received a liquidated damages claim of $50,000 from CBP. After Diaz Trade Law filed a successful supplemental petition, CBP agreed to mitigate the claim down to $10,000 (a savings of $40,000 to our client). 
• Our client received a liquidated damages claim from CBP in the amount of $50,000. Diaz Trade Law filed a successful supplemental petition, and CBP agreed to mitigate the claim down to $204 (a savings of $49,796 to our client). 
• Diaz Trade Law filed a strong petition for a client who received a liquidated damages claim of $23,220, with CBP later granting relief of the liquidated damages to our client upon payment of a mitigated amount of $3,483 (a savings of $19,737 to our client). 
• Our client who received four liquidated damages claims at the same time, totaling $20,000.00. Diaz Trade Law convinced CBP to accept one Petition (instead of 4) and CBP agreed to mitigate the claims down to $4,000.00 (a savings of $16,000.00 to our client).
• Our client received a liquidated damages claim of $15,336 after Diaz Trade Law filed a successful supplemental petition, CBP granted relief  ​
• Our client received a liquidated damages claim from CBP. Diaz Trade Law filed a strong petition, with CBP granting a relief of the liquidated damages penalty upon payment. ​
• Diaz Trade Law submitted a successful petition requesting relief from the Liquidated Damages claim assessed by CBP against our client. CBP agreed the subject liquidated damages case should be closed.​

CBP Detention Assistance 

• Our client’s Cuba-bound humanitarian shipments were detained. After Diaz Trade Law intervened and demonstrated the shipment did not violate U.S. sanctions, CBP released the merchandise.
• Our client’s goods were detained by CBP for an alleged counterfeit violation. After Diaz Trade Law filed a supplemental petition, CBP agreed that the merchandise detained was not actually counterfeit as initially alleged, but was confusingly similar, and authorized the exportation.
• Our client’s goods were detained by CBP for alleged trademark infringement. After Diaz Trade Law successfully obtained the trademark holder’s consent to release the seized goods, and then quickly filed a petition with CBP, within a record of 20 days after receiving our petition, CBP agreed to release our clients’ legitimate goods.
• Our client’s goods were detained by CBP because they did not have the required export license. After Diaz Trade Law’s successful petition, CBP partially released our client’s goods, and proceeded with completing the release when the license was approved. ​
• Diaz Trade Law’s efforts were instrumental in ensuring the importer had a fair chance to prove their goods were not in violation. After a DOT inspection of the goods, in the presence of CBP, it was determined the goods were not in violation and were released.  ​​​​

Successfully Assisted in CBP Corporate Broker Licensing 

• As part of a company’s acquisition of a custom brokerage firm, Diaz Trade Law assisted our client in acquiring their corporate broker license!
• Diaz Trade Law successfully assisted our client in acquiring their broker license.​

United States Patent Trademark Office (USPTO)

• Diaz Trade Law successfully registered numerous brands with USPTO and thereafter recorded those trademarks with U.S. CBP! ​

Food Drug Administration (FDA) Recalls

• Our client’s products were recalled by the FDA. After Diaz Trade Law assisted with the recalls, the FDA terminated the recall.

Antidumping and Countervailing Duty (AD/CVD)

• Our client Diaz Trade Law requested a scope ruling for our client’s solar panel modules/cells. The U.S. Department of Commerce confirmed our client’s products did not fall within the scope of the AD/CVD orders.

Binding Rulings/FOIA

• Our client wanted confirmation on the correct Harmonized Tariff Schedule (HTSUS). After Diaz Trade Law’s persuasive binding ruling request, our client obtained the binding ruling it desired!
• Diaz Trade Law submitted a FOIA on behalf of our client requesting copies of CBP lab reports. The FOIA was processed quickly and effectively with the help of Diaz Trade Law.
• Diaz Trade Law submitted a FOIA on behalf of our client requesting copies of CBP lab reports. Our client’s FOIA was processed swiftly and effectively.

Export Compliance and Enforcement Mitigation Assistance

• Diaz Trade Law actively assisted exporters:
  • Vetting proposed export transactions
  • Providing voluntary self-disclosures to Census and OFAC
  • Developing an effective export compliance plan
  • Developing export compliance training
  • With mitigation and corrective action
  • Presenting export report cards to clients based upon an analysis of ACE data
  • Analyzing export trade data
  • With mitigation of export seizures and penalties

Protests

• Our client received a CF-29 Notice of Action Taken from CBP alleging country of origin and FTA mis declarations. 
  • Diaz Trade Law filed a strong protest demonstrating the validity of our client’s original country of origin and FTA claims, which ultimately resulted in CBP approving the protest and issuing appropriate refunds to our client.​

Assisted Numerous Importers in Filing Prior Disclosures and Voluntary Self-Disclosures Accepted by CBP 

• Diaz Trade Law successfully assisted our client in filing a Prior Disclosure (PD) with CBP. The PD was accepted, resulting in no penalties being assessed to our client.
• On behalf of our client, Diaz Trade Law submitted a perfected prior disclosure for an underlying valuation error, CBP accepted the disclosure and waived the interest penalty. ​. ​

Successfully Assisted Numerous Importers in Various Seizure Cases

• Our client’s goods valued at $123,267 were seized by CBP because they did not have the required export license. After Diaz Trade Law’s successful petition, CBP agreed the merchandise should be released!​
• Our client’s goods valued at almost $100k were seized by CBP because they did not have the required export license. After Diaz Trade Law’s successful petition, CBP agreed that the merchandise should be released!​
• CBP seized our client’s goods valued at $34,466 and after Diaz Trade Law’s successful petition, CBP agreed to release our client’s products upon a mitigated penalty of $3,466.  ​
• Our client failed to declare $33,100 when traveling domestically, and their currency was seized by CBP. After Diaz Trade Law’s successful petition, CBP released the currency with a mitigated penalty of $2,500 (returning $30,600 to our client). ​
• CBP seized our client’s goods valued at $23,448 and after Diaz Trade Law’s successful petition, CBP agreed to release our client’s products upon a mitigated penalty of $1,000. ​
• CBP seized our client’s goods and after Diaz Trade Law’s successful petition, CBP agreed to release our client’s products! ​
• Our client’s products were seized for violations of 19 U.S.C. 1526(e) for bearing unauthorized markings. After Diaz Trade Law intervened, CBP granted partial relief for the forfeiture.
• CBP seizures can be difficult to navigate. When our client received the CBP seizure notice for an underlying intellectual property rights counterfeit claim, Diaz Trade Law filed a persuasive petition (including communicating with and receiving a letter of consent from the trademark owner) which led to CBP agreeing to release our client’s products!    ​

Office of Foreign Affairs Control (OFAC)

• Our client’s wire payments of almost $1M from Venezuela were blocked by its U.S. bank for possible violations of U.S. sanctions laws.
  • After Diaz Trade Law filed specific license applications with the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC), OFAC issued specific licenses authorizing the legitimate funds to be unblocked and returned to our client. ​
• Diaz Trade Law submitted a successful specific license request that was granted by OFAC. ​

United States Department of State (DOS)

• Diaz Trade Law filed a successful license application with the Department of State on behalf of a client.

Foreign Trade Zone

• Our client wanted to expand its current Foreign Trade Zone (FTZ). Diaz Trade Law assisted in submitting a request for a Minor Boundary Modification of its FTZ. Diaz Trade Law was successful in having this request approved by U.S. Customs and Border Protection.

Awards 

• In 2022, Diaz Trade Law President Jennifer Diaz received the following awards:
  • Award of Excellence in the Promotion of Board Certification, Board of Legal Specialization & Education.
  • 2022 Florida Super Lawyer.
  • Florida Trend’s Florida Legal Elite™.
  • Award of Exemplary Service, Florida Bar International Law Section.
  • MDBA Legacy Award as a Distinguished Strategic Partner, U.S. Department of Commerce MEDWEEK 2022.
  • Canadian Maple Leaf Award.

Publications

Key publications written by Diaz Trade Law in 2022 were:

• Bloomberg Law, Significant Updates to BIS Enforcement Policies in 2022, November 2022
• Bloomberg Law, Building & Maintaining an Export Compliance Plan, October 2022
• Bloomberg Law, Submitting a Prior Disclosure to Customs and Border Protection, September 2022
• Bloomberg Law, A Comparison of Customs IPR Protection in the U.S. & China, July 2022
• Bloomberg Law, Submitting a Voluntary Disclosure to Directorate of Defense Trade Controls, May 2022
• Bloomberg Law. What is an Importer’s ‘Reasonable Care’ Standard, May 2022
• Bloomberg Law, Tariff Classification Basics, January 2022
• Bloomberg Law, Export Licensing Under EAR, January 2022
• Customs and International Trade Bar Association (CITBA), New CBP Prior Disclosure Requirements, April 2022

Diaz Trade Law Articles

Key articles written in 2022 by our team at Diaz Trade Law:

• Diaz Trade Law, The Beginning of the End of the MID, December 2022
• Diaz Trade Law, Customs Undervaluation- It’s a Crime, October 2022
• Diaz Trade Law, U.S. Customs – Your Personal Policeman at the Border, September 2022
• Diaz Trade Law, Understanding the RPL Export License Exception, August 2022
• Diaz Trade Law, Encryption Controls under the Export Administration Regulations, August 2022
• Diaz Trade Law, Uyghur Forced Labor Prevention Act (UFLPA): What You Need to Know, June 2022
• Diaz Trade Law, UFLPA DHS Forced Labor Guidance – What Importers Need to Know, June 2022
• Diaz Trade Law, Successor Liability & Export Control Liability, April 2022
• Diaz Trade Law, Big News! 352 of 549 Proposed China Tariff Exclusions Reinstated, March 2022
• Diaz Trade Law, Complying with Russia-Related Sanctions?, March, 2022
• Diaz Trade Law, Draft Guidance on Medical Device Transition Period, March 2022
• Diaz Trade Law, Export Controls and Cybersecurity, February 2022
• Diaz Trade Law, Importing into Puerto Rico? Don’t Forget about Paying Use Tax, February 2022

Customized Training Programs & Webinars

Key training programs and webinars taught by Diaz Trade Law in 2022 were:

• Webinar, Diaz Trade Law, “Keeping Your BOL Data Confidential – A Lesson on Manifest Confidentiality“, December 8, 2022
• Doral, FL, World Trade Center, “Importing 101 – Back to the Basics”, November 15, 2022
• Port Miami, Beacon Council, Trade and Logistics Update, November 10, 2022
• Miami Beach Convention Center, Air Cargo Show, “Women in Logistics,” November 9, 2022
• Webinar, ProChile, “Importing Food into the U.S. Complying with CBP and FDA”, November 8, 2022
• North Miami, FL, FIU, “Produce Post-Harvest Handling and Value Chain Development for Costa Rica, Nicaragua, and the Caribbean”, October 31, 2022​
• Aventura, FL, FLN, Chapter Speaker, October 28, 2022
• Webinar, Diaz Trade Law, “Tips on FDA’s Medical Device Registration Process“, October 26, 2022
• Washington DC, MSI International Conference, International Trade Challenges Roundtable, October 23/24
• FITCE, “Importing into the U.S. with CBP, FDA, CPSC, and USDA”, October 19, 2022
• Webinar, FCBF, “Experts Demystify CBP’s FP&F Process as it Relates to IPR”, October 12, 2022
• Webinar, FCBF,”Experts Discuss Complying with CPSC and Getting the Most Out of CTPAT”, October 7, 2022
• Podcast, Share Your Voice, Behind the Scenes of DTL, October 4, 2022
• Miami, Fl, OWIT South Florida, International Business Roundtable Breakfast with Canada and Mexico Consuls, September 20, 2022
• Doral, Florida, World Trade Center, Food and Beverage Show, “Detentions, Warning Letters, and Import Alerts: How to Navigate FDA Enforcement,” September 12, 2022
• Webinar, NCBFAA, Intellectual Property Rights: A View From East Asia, September 8, 2022
• Webinar, Diaz Trade Law, “What is Electronic Export Information (EEI) and Why Does it Matter?“, August 18, 2022
• Chicago, NCBFAA NEI, GTEC, Best Practices for Export Compliance, August 2, 2022
• Podcast, Simply Trade, “Basics of AD/CVD,” July 29, 2022
• Mexico City, World Trade Center, “How to Import/Export to the United States Using Florida as Your Point of Entry”, June 22, 2022
• Webinar, OWIT International, “Stories from The Trenches: Women Who Lead in International Trade”, June 22, 2022
• Webinar, NCBFAA, “Detentions and Seizures: How to Navigate These Enforcement Waters”, June 21, 2022
• Global Chamber Clubhouse, “Women in Global Leadership”, May 24, 2022
• Beacon Council, Trade & Logistics Committee Meeting, “Can Nearshoring Help Build Resilient Supply Chains?”, May 20, 2022
• Webinar, Diaz Trade Law, “Basics on Tariff Classification (Including 2022 Update)“, May 12, 2022
• City of Miramar, Economic Development Week, “Miramar: Import and Export, Trade 101” May 9, 2022
• Florida MBDA Export Academy, “Legal Considerations When Exporting to the U.S.”, May 10, 2022.
• W Hotel Fort Lauderdale, AFI Convention, “Panel Discussion on Today’s Supply Chain/ Logistics Issues”, April 29, 2022
• Webinar, Embassy of Georgia, “Importing Food and Beverages in compliance with U.S. FDA”, April 20, 2022
• Webinar, NCBFAA, “Prior Disclosure: CBP Changes You Should Care About”, April 19, 2022
• U.S. – Caribbean Business Conference 2022, “Exporting Like a Pro”, April 12, 2022.
• FCBF Broker Preparation Course, “19 CFR 133 – Intellectual Property Rights”, March 30, 2022.
• Webinar, Diaz Trade Law, “Gender and Trade”, March 10, 2022
• Webinar, Ocean Freight Forum, February 4, 2022.
• Podcast, Gladys Mizrahi, January 13, 2022.
• Clubhouse, Trailblazers in Trade, “Update on Crypto and Trade”, January 14, 2022.

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.

U.S. Customs and Border Protection (CBP)

• U.S. Customs and Border Protection (CBP) in partnership with the U.S. Chamber of Commerce, is taking to the airwaves to raise awareness this holiday shopping season about the dangers of counterfeit goods, and how to avoid falling for scams. The two organizations are encouraging shoppers to “unbox real happiness” this holiday season by purchasing genuine goods.
• CBP announced regulations modernizing the customs broker regulations. CBP is transitioning all customs brokers to a single national permit and expanding the scope of the national permit authority to allow national permit holders to conduct any type of customs business throughout the customs territory of the United States.
  • To accomplish this, CBP is eliminating broker districts and district permits, which in turn removes the need for the maintenance of district offices, and district permit waivers.
  • CBP is also updating, among other changes, the responsible supervision and control oversight framework, ensuring that customs business is conducted within the United States, and requiring that a customs broker have direct communication with an importer.
  • The effective date of this motion is December 19, 2022. 
• CBP will conduct the Vessel Entrance and Clearance Automation Test. This test will allow participants to submit certain vessel entry and clearance data and requests to CBP electronically through the Vessel Entrance and Clearance System (VECS), instead of submitting paper forms, as currently required by CBP regulations.
  • Specifically, this test will allow participants to submit the data required on CBP Forms 26, 226, 1300, 1302, 1303, 1304, and 3171 electronically through VECS prior to arrival or departure from designated ports. 

U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC)

•  The U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) is publishing the names of one or more persons and property that have been placed on OFAC’s Specially Designated Nationals and Blocked Persons List based on OFAC’s determination that one or more applicable legal criteria were satisfied.
• OFAC is issuing Russia-related General License 54 “Authorizing Certain Transactions Involving VEON Ltd. Prohibited by Executive Order 14071.”
• OFAC is publishing the names of one or more persons that have been placed on OFAC’s List of Specially Designated Nationals and Blocked Persons based on OFAC’s determination that one or more applicable legal criteria were satisfied. Please click on the official document for specific information on who these individuals or entities are.
• OFAC is publishing the names of one or more persons that have been placed on OFAC’s List of Specially Designated Nationals and Blocked Persons based on OFAC’s determination that one or more applicable legal criteria were satisfied. Please click on the official document for specific information on who these individuals or entities are.
• OFAC is publishing the names of one or more persons that have been placed on OFAC’s Specially Designated Nationals and Blocked Persons List based on OFAC’s determination that one or more applicable legal criteria were satisfied. Please click on the official document for specific information on who these individuals or entities are.
• OFAC is issuing Russia-related General License 13C “Authorizing Certain Administrative Transactions Prohibited by Directive 4 under Executive Order 14024.”
• OFAC is publishing the names of one or more persons that have been placed on OFAC’s Specially Designated Nationals and Blocked Persons List based on OFAC’s determination that one or more applicable legal criteria were satisfied. Please click on the official document for specific information on who these individuals or entities are.
• OFAC is publishing the names of one or more persons that have been placed on OFAC’s Specially Designated Nationals and Blocked Persons List based on OFAC’s determination that one or more applicable legal criteria were satisfied. Please click on the official document for specific information on who these individuals or entities are.
• OFAC is publishing the names of one or more persons that have been placed on OFAC’s List of Specially Designated Nationals and Blocked Persons based on OFAC’s determination that one or more applicable legal criteria were satisfied. Please click on the official document for specific information on who these individuals or entities are.

The Department of Commerce (DOC)

• The Department of Commerce (DOC), in accordance with the Paperwork Reduction Act (PRA) of 1995, invites the general public and other Federal agencies to comment on proposed, and continuing information collections, which helps us assess the impact of our information collection requirements and minimize the public’s reporting burden.
  • To ensure consideration, comments regarding this proposed information collection must be received on or before January 20, 2023.
• An application has been submitted to the Foreign-Trade Zones (FTZ) Board by the Jacksonville Port Authority, grantee of Foreign-Trade Zone 64, requesting authority to reorganize the zone to expand its service area under the alternative site framework (ASF) adopted by the FTZ Board (15 CFR
  400.2(c)).
  • The ASF is an option for grantees for the establishment or reorganization of zones and can permit significantly greater flexibility in the designation of new subzones or ‘‘usage-driven’’.
• DOC and the U.S. International Trade Commission (USITC) is issuing antidumping duty  orders on oil country tubular goods (OCTG) from Argentina, Mexico, and the Russian Federation. In addition, DOC is amending its final determination with respect to OCTG from Russia to correct a ministerial error.
• Based on affirmative final determinations by the DOC and the U.S. International Trade Commission (USITC), DOC is issuing countervailing duty orders on oil country tubular goods (OCTG) from the Republic of Korea and the Russian Federation.
• DOC hereby publishes a list of scope rulings and circumvention determinations made during the period July 1, 2022, through September 30, 2022. DOC intends to publish future lists after the close of the next calendar quarter.

U.S. Bureau of Industry and Security (BIS) 

• Pursuant to Section 766.24 of the Export Administration Regulations, 15 CFR parts 730–774 (2021) the Bureau of Industry and Security (BIS) hereby grants the request of the Office of Export Enforcement (OEE) to renew the temporary denial order issued in this matter on May 20, 2022. BIS finds that renewal of this order is necessary in the public interest to prevent an imminent violation of the Regulations.

U.S. Food and Drug Administration (FDA)

• The Food and Drug Administration (FDA) is issuing a final rule establishing additional recordkeeping requirements for persons who manufacture, process, pack, or hold foods the FDA has designated for inclusion on the Food Traceability List.
  • The final rule adopts provisions requiring these entities to maintain records containing information on critical tracking events in the supply chain for these designated foods, such as initially packing, shipping, receiving, and transforming these foods.
  • This rule is effective January 20, 2023.
• The U.S. Food and Drug Administration (FDA) has declared that a lab-grown chicken product developed by California food-tech startup Upside Foods is safe for human consumption, setting the stage for a new food revolution in which the world’s meat is grown in bioreactors instead of on factory farms.

Bloomberg News 

• SHEIN, the fast fashion clothing company is on track this year for sales around $8 billion in the US alone. A new investigation traces the origin of the cotton in some Shein clothing to the Xinjiang region of China, where the US and other Western nations say the Chinese government has imprisoned Uyghur Muslims and carried out a campaign of forced labor. Bloomberg senior writer Sheridan Prasso, discusses more in Bloomberg News’ podcast.
  • We encourage you to read our Uyghur Forced Labor Prevention Act (UFLPA) article here and contact Diaz Trade Law at info@diaztradelaw.com for help in complying with UFLPA. 

U.S. International Trade Commission (USITC)

• The U.S. International Trade Commission (USITC) has determined to issue a general exclusion order prohibiting the unlicensed importation of chocolate milk powder and packaging thereof that infringe U.S. Trademark Registration No. 4,206,026. The investigation is terminated.
• Under the USITC, The presiding administrative law judge issued an Initial Determination on Violation of Section 337. On November 14, 2022, the ALJ also issued a Recommended Determination on remedy and bonding should a violation be found in the above-captioned investigation. The Commission is soliciting submissions on public interest issues raised by the recommended relief should the Commission find a violation. This notice is soliciting comments from the public only. 
• The USITC determines, pursuant to the Tariff Act of 1930 that revocation of the antidumping duty order on
  ferrovanadium from South Korea would be likely to lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time.

If you have questions about these updates, contact our Diaz Trade Law attorneys at info@diaztradelaw.com or call us at 305-456-3830.

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• Revocation of three ruling letters, modification of one ruling letter, and revocation of treatment relating to the tariff classification of certain step stools
  • Pursuant to 19 U.S.C. § 1625(c)(1), CBP is revoking NY N294603, dated March 2, 2018, NY N196451, dated December 27, 2011, NY M84487, dated June 27, 2006, and modifying NY N235681, dated December 5, 2012, and revoking or modifying any other ruling not specifically identified to reflect the analysis contained in HQ H305377, set forth as an Attachment to this notice. Additionally, pursuant to 19 U.S.C. § 1625(c)(2), CBP is revoking any treatment previously accorded by CBP to substantially identical transactions.
  • It is now CBP’s position that a one-step step stool is classified according to its constituent material in heading 3924, if made of plastics or in heading 4421, if made of wood. Accordingly, pursuant to GRI’s 1 and 6, the plastic one-step step stools in NY N294603 and NY N196451 are classified in subheading 3924.90.56, which provides for “Tableware, kitchenware, other household articles and hygienic or toilet articles, of plastics: Other: Other”. The one-step step stool made of MDF in NY N235681 and the wooden step stool in NY M84487 are classified in subheading 4421.99.97, which provides for “Other articles of wood: Other: Other: Other: Other
• Proposed modification of one ruling letter and proposed revocation of treatment relating to the tariff classification of paper face masks
  • Pursuant to 19 U.S.C. § 1625(c)(1), CBP is proposing to modify HQ 088173 and to revoke or modify any other ruling not specifically identified to reflect the analysis contained in the proposed HQ H311239, set forth as Attachment B to this notice. Additionally, pursuant to 19 U.S.C. § 1625(c)(2), CBP is proposing to revoke any treatment previously accorded by CBP to substantially identical transactions.
  • It is now CBP’s position that if imported separately, paper face masks are properly classified in heading 4818, HTSUS, specifically in subheading 4818.90.00, HTSUS, which provides for “Toilet paper and similar paper, cellulose wadding or webs of cellulose fibers, of a kind used for household or sanitary purposes, in rolls of a width not exceeding 36 cm, or cut to size or shape; handkerchiefs, cleansing tissues, towels, tablecloths, table napkins, bed sheets and similar household, sanitary or hospital articles, articles of apparel and clothing accessories, of paper pulp, paper, cellulose wadding or webs of cellulose fibers: Other”
• Ship’s Store Declaration
  • CBP Form 1303, Ship’s Stores Declaration, is used by the carriers to declare articles to be retained on board the vessel, such as sea stores, ship’s stores (e.g., alcohol and tobacco products), controlled narcotic drugs or bunker fuel in a format that can be readily audited and checked by CBP
  • Proposed Change: This form is anticipated to be submitted electronically as part of the maritime forms automation project through the Vessel Entrance and Clearance System (VECS), which will eliminate the need for any paper submission of any vessel entrance or clearance requirements under the above referenced statutes and regulations. VECS will still collect and maintain the same data but will automate the capture of data to reduce or eliminate redundancy with other data collected by CBP.
  • CBP invites the general public and other Federal agencies to comment on the proposed and/or continuing information collections pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). This proposed information collection was previously published in the Federal Register (87 FR 33179) on June 1, 2022, allowing for a 60-day comment period. This notice allows for an additional 30 days for public comments
• Importers of Merchandise Subject to Actual Use Provisions
  • In accordance with 19 CFR 10.137, importers of goods subject to the actual use provisions of the Harmonized Tariff Schedule of the United States (HTSUS) are required to maintain detailed records to establish that these goods were actually used as contemplated by the law, and to support the importer’s claim for a free or reduced rate of duty. The importer shall maintain records of use or disposition for a period of three years from the date of liquidation of the entry, and the records shall be available at all times for examination and inspection by CBP
  • CBP invites the general public and other Federal agencies to comment on the proposed and/or continuing information collections pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). This proposed information collection was previously published in the Federal Register (87 FR 29757) on May 16, 2022, allowing for a 60-day comment period. This notice allows for an additional 30 days for public comments
• Customs-Trade Partnership Against Terrorism (CTPAT) and CTPAT Trade Compliance Program
  • CBP invites the general public and other Federal agencies to comment on the proposed and/or continuing information collections pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). This proposed information collection was previously published in the Federal Register (87 FR 12473) on March 04, 2022, allowing for a 60-day comment period. This notice allows for an additional 30 days for public comments.
  • Written comments and suggestions from the public and affected agencies should address one or more of the following four points:
    • (1) whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;
    • (2) the accuracy of the agency’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;
    • (3) suggestions to enhance the quality, utility, and clarity of the information to be collected; and
    • (4) suggestions to minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. The comments that are submitted will be summarized and included in the request for approval.
  • All comments will become a matter of public record.
• Copyright, Trademark, and Trade Name Recordations
  • The following copyrights, trademarks, and trade names were recorded with U.S. Customs and Border Protection in Septem[1]ber 2022. A total of 168 recordation applications were approved, consisting of 3 copyrights and 165 trademarks
  • Recordations can be viewed on pages 35-42 of the bulletin
• RKW Klerks v. United States
  • In a case that involved the classification of two types of net wrap, both of which were synthetic fabrics used to wrap round bales of harvested crops, the U.S. Customs and Border Protection properly classified the net wraps under HRSUS subheading 6005.39.00;
  • The wraps were not “parts” of harvesting or agricultural machinery classifiable under HTSUS subheadings 8433.90.50 or 8436.99.00 because they were not integral to the functioning of round hay balers and were a disposable input and not a part of round baling machines.
  • Plaintiff’s motion for summary judgment denied and defendant’s cross-motion for summary judgment granted.

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 property rights.

Impressive Results in IP Protection: 

• In 2021, U.S. Customs seized over 27,000 shipments with an estimated manufacturer’s suggested retail price (MSRP) of $3.3 billion. 
• Collaboration with the Intellectual Property Rights (IPR) Center led to 388 arrests, 155 indictments, and 100 convictions related to IP crimes. 

• Apparel/accessories accounted for 30% of seized merchandise, with watches and jewelry valued at over $1.18 billion. 
• Notably, U.S. Customs seized counterfeit and unapproved COVID-19 products, reflecting their adaptability to emerging challenges. 
• Approximately 57% of counterfeited goods seized in 2021 were manufactured in China, amounting to an estimated MSRP value of $1.9 billion.

Authority to Issue Fines and Prosecute: 

• U.S. Customs possesses the authority to impose monetary fines on individuals involved in facilitating the introduction of seized and forfeited counterfeit merchandise into the United States. 

• U.S. Customs can request the U.S. Attorney’s Office to criminally prosecute those engaged in illegal activities under the Trademark Counterfeiting Act of 1984. 
• Penalties for first-time violators include up to ten years imprisonment and/or a $2 million fine, while repeat offenders face up to 20 years imprisonment and/or a fine of up to $5 million. 

International Raids and Cooperation: 

• U.S. Customs collaborates with foreign law enforcement agencies and coordinates raids on counterfeit production facilities globally. 
• Customs officers stationed at American embassies worldwide regularly share information for the criminal prosecution of manufacturers and exporters of counterfeit goods. 

III. Customs e-Recordation System and Gray Market Protection
 

Trademark and copyright recordations are filed online through the U.S. Customs’ IPR e-Recordation system, adhering to the regulations outlined in 19 C.F.R. Part 133. 

The following is a checklist of the information necessary to submit an trademark or copyright recordation with CBP: 

• Description of trademark or copyright registered with the USPTO 
• USPTO Registration Number 
• Country of manufacture of protected goods bearing the trademark or country of manufacture of genuine copies or phonorecords of the protected copyright work 
• Names of any parent companies, subsidiaries, or other entities that are under common control with, or share any type of ownership interest or relationship with, the U.S. trademark owner, or names of all parties authorized to use or reproduce the copyrighted work 

For those eligible, it is worthwhile to pursue “gray market” protection, which pertains to genuine products bearing a trademark or brand name approved for use in a country other than the U.S. Gray market goods are different from goods bearing counterfeit markets because goods bearing counterfeit marks are never genuine. According to CBP guidance, CBP provides limited protection to trademark owners against importations of certain gray market goods. Only trademarks and trade names that are recorded with CBP are entitled to gray market protection, and gray market status is determined at the time of recordation with CBP. Gray market protection is only offered if you have the following in place: 

• The U.S. and foreign trademarks are not owned by the same person 

• The U.S. and foreign trademark owners are not a parent or subsidiary, or otherwise subject to common ownership or control 

Currently, Phillip Morris is an example of a company that has been able to meet this stringent burden and CBP offers its trademarks gray market protections. The image below is a search result from the CBP IPRS database. 

As a final thought, it is extremely beneficial for a company to record its registered trademark or copyright with CBP, as CBP may be a company’s greatest, and most cost effective ally, when it comes to trademark and copyright enforcement. For help with any pre-compliance matters such as the CBP recordation process or for assistance with enforcement actions such as seizures and penalties, please contact info@diaztradelaw.com and visit our website www.diaztradelaw.com.

CBP 

• In Fiscal Year 2021, CBP at the LA/Long Beach Seaport seized More Than $760 Million in Counterfeit and Prohibited Products, a 652% increase over the previous year.
• CBP issues guidance regarding the extension of product exclusions from additional Section 301 China duties on certain medical-care products to address COVID-19.
• With changes to the HTSUS classification systems possibly coming as early as January 1, 2021, U.S. importers should review their classifications and ensure compliance with U.S. regulations

BIS

• The Bureau of Industry and Security (BIS) requests public comment regarding areas and priorities for U.S. and EU export control cooperation under the Trade and Technology Council.
  • Comments are due by January 14, 2022
• On November 26, 2021, the Department of Commerce’s Bureau of Industry and Security (BIS) published a final rule adding 27 foreign entities and individuals to the Entity List for engaging in activities that are contrary to the national security or foreign policy interests of the United States.

China

• In their most substantial talk since President Biden took office, Chinese President Xi Jinping has warned that encouraging Taiwanese independence would be “playing with fire”.
• On November 12, 2020, the President declared a national emergency to deal with the extraordinary threat to the national security, foreign policy, and economy of the United States constituted by certain companies of the People’s Republic of China.
• Airbnb subject to regulatory risk under U.S. law with more than a dozen homes available for rent in China’s Xinjiang region on land owned by an organization sanctioned by the U.S. government for complicity in genocide and forced labor.
• On December 6, 2021, President Biden announced a U.S. diplomatic boycott of the 2022 Beijing Winter Olympic Games over concerns about China’s human rights record.

Commerce Department

• The Department of Commerce invites the general public to comment on proposed, and continuing information collections to allow for submission of exclusions requests from the remedies adjusting imports of steel and aluminum into the United States.
• Comments are due by January 24, 2022.
• On December 1, 2021, the Department of Commerce announced the opportunity to request an annual administrative review for products that are currently subject to antidumping and countervailing duties.

FDA

• The FDA is sharing a grant opportunity to cover COVID-19-related expenses for eligible FDA-regulated food producers, processors and growers.
  • Applications are due November 22
    • How to Apply – USDA’s Pandemic Response and Safety Grant Program – YouTube
    • Eligibility – USDA’s Pandemic Response and Safety Grant Program – YouTube
    • DUNS Number Registration – USDA’s Pandemic Response and Safety Grant Program – YouTube

Export Controls/Sanctions

• On November 18, 2021, the U.S. Department of the Treasury’s Office of Foreign Assets Control sanctioned senior Houthi military officer Saleh Mesfer Alshaer, for the seizure of property in Yemen valued at greater than 100 million dollars, using a variety of unlawful tactics, including extortion.
• On November 18, 2021, the U.S. Department of the Treasury’s Office of Foreign Assets Control sanctioned six Iranian individuals and one Iranian entity for attempting to influence the 2020 U.S. presidential election.
• On November 24, 2021, the Department of the Treasury’s Office of Foreign Assets Control (OFAC) amended the Syrian Sanctions Regulations to expand the authorizations for nongovernmental organizations (NGO) to engage in certain transactions and activities that ensure the continued provision of humanitarian assistance, including certain early-recovery activities, that benefit the Syrian people.
• On November 24, 2021, the Department of the Treasury’s Office of Foreign Assets Control (OFAC) issued Venezuela-related General License 8I, authorizing  limited transactions with Petróleos de Venezuela, S.A. or the wind down of operations in Venezuela for certain entities.
• On December 2, 2021, the Department of the Treasury’s Office of Foreign Assets Control (OFAC) announced the expansion of sanctions against Belarus to include 35 new designations to the Specially Designated Nationals and Blocked Entities List and the issuance of a related wind-down license, General License 5.
• On November 8, 2021, the Department of the Treasury’s Office of Foreign Assets Control (OFAC) sanctioned 57 cryptocurrency addresses and one exchange for facilitating ransomware and money laundering

DST and Section 301 Investigations

• As part of the to address tax challenges arising from the digitalization of the world economy, the U.S. Trade Representative has determined to terminate the Section 301 Digital Services Tax Investigations of Austria, France, Italy, Spain, and the United Kingdom.
• U.S. and India reach agreement regarding the treatment of Digital Services Taxes prior to full implementation of Pillar 1 of the Organization for Economic Co-operation and Development (OECD) agreement.  As part of the agreement the United States will terminate the currently suspended additional duties on goods of India that had been adopted in the DST Section 301 investigation.
• On November 22, 2021, the U.S. Department of the Treasury (Treasury) issued a joint statement with Turkey regarding a transitional approach to Turkey’s Digital Service Tax (DST) prior to entry into force of Pillar 1. The joint statement reflects a political agreement in which the U.S. Trade Representative has determined to terminate the section 301 action taken in the investigation of Turkey’s DST.

USTR/Trade Policy

• On November 17, 2021, the United States and Japan announced the formation of the “U.S.-Japan Partnership on Trade” to deepen cooperation between the two countries and reaffirm their alliance through regular engagement on trade-related matters.
• United States Trade Representative Katherine Tai and United States Secretary of Commerce Gina Raimondo published an op-ed touting the agreement reached with the European Union that preserves the long-term viability of our steel and aluminum industries by tackling global excess capacity and creates a framework for reducing the carbon intensity of those sectors.

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Did you know in FY2020, U.S. Customs seized more than 26,000 shipments worth more than $1.3 BILLION due to alleged intellectual property rights (IPR) violations? Ensure you’re on the right side of CBP enforcement and register for Diaz Trade Law’s next webinar “Intellectual Property Rights (IPR) and Customs (Including an Update on the Amazon Registry) – Amazon Brand Registry“ taking place on December 15, 2021. This one-hour webinar will provide best practices and TOP tips on how one can protect their IPR using U.S. Customs and Border Protection (CBP) and effective methods to go after IPR infringers.

Register today to hear directly from DTL’s president, Jennifer Diaz, Associate Attorney, Denise Calle and Of Counsel and IPR Specialist, Augusto Perera, as they teach attendees about intellectual property rights and the best ways to protect them.

Why Should I Register for this Webinar?

In FY2019 and FY2020, U.S. Customs (CBP) seized more than 53,000 shipments worth more than $2.8 BILLION because of alleged IPR violations. The vast majority of goods seized have come from China and Hong Kong. During FY2020, CBP reported 18,757 active recordations – more than each of the previous two years.  Importers must be aware of how to import in compliance with IPR laws as well as how to protect their own intellectual property rights

In response to enforcement discussed above, Diaz Trade Law is hosting a NEI accredited webinar, “Intellectual Property Rights and Customs – Amazon Brand Registry” to train industry on top tips to avoid enforcement, and best practices to proactively protect their own brands.

In this webinar, you will learn the basics of intellectual property considerations for your business, how to use Amazon Brand Registry to build your brand, how protecting your brand is an ongoing commitment and the steps you need to take to ensure you do so proactively.

Importers, in-house legal counsel, owners, executives, marketing professionals, and others interested in intellectual property are encouraged to attend either live on December 15, 2021 at 12:00 PM, or on demand thereafter. Register HERE!

Register today to to hear directly from Senior Trade Advisor, Don Woods, DTL’s president, Jennifer Diaz, and Associate Attorney, Denise Calle as they discuss real life stories, current trends/risks associated with the import process, proactive ways to stay compliant, and the importance of training to avoid costly encounters with CBP.

Why Should I Register for this Webinar?

CBP is actively enforcing its laws and regulations against non-compliant importers, as seen by the 70,683 seizure letters issued to importers in FY2021.  Importers are required to develop, maintain, and follow a compliant import plan. Importers must be aware of CBP’s various enforcement mechanisms, and more importantly,  how to avoid  such actions. CBP’s most common enforcement activities include seizures, detentions, and criminal prosecution.

In response to the increase in enforcement discussed below, Diaz Trade Law is hosting a NEI accredited webinar, Building & Maintaining an Effective Import Compliance Plan to train industry on top compliance tips to avoid enforcement, and best practices to maintain and effective and compliant import plan.

Seizures in FY21:

• With Fy21 yet to finish, the CBP has already had more than 70,000 trade seizures
• With Fy21 yet to finish, CBP has already had $2.5 billion worth of IPR Seizures – More than it has seized in each of the past 5 years!

Other Trade Enforcement Activities:

• 1,942 Trade Penalties Issued
• 16,302 Total Trade Liquidated Damages
• $16 million collected in Trade-related penalties and liquidated damages

In this webinar, you will learn the common risks associated with the import process and how to build and maintain an effective Import Compliance Plan . Presenters will discuss… The objective of the webinar is to teach participants how to create an effective import plan that allows importers to avoid CBP altogether.

Importers, Customs Brokers, Regulatory Affairs Professionals, and others engaged in the importation of goods into the United States are encouraged to attend either live on October 6, 2021 at 12:00 PM, or on demand thereafter. Register Here

The Florida Customs Brokers & Forwarders Association (FCBF) encourages all custom brokers, patent, trademark and all international trade professional to join its Intellectual Property Rights (IPR) with U.S. Customs and Border Protection (CBP) and UL. This one-hour webinar will give custom brokers, importers, and all other international trade professionals the ability to learn and understand CBP’s IPR customs and enforcement. 

This webinar will be Friday, September 3, 2021 at 11:30 AM EST.  

Register Now! 

Importers, Manufacturers and Customs Brokers, and others interested in CBP and IPR matters, regardless of affiliation or membership, are invited and encouraged to attend. Learn what customs brokers and importers need to know about UL and the increased safety risk associated with counterfeit products. The webinar will cover: 

• Overview of CBP’s IPR enforcement regime
• Timeframes followed by CBP in suspected IPR violations
• Information CBP is authorized to share with the broker
• Examples of notices and most pertinent information therein
• CBP’s perspective on gray market shipments
• How brokers can be proactive to limit the time flagged shipments are detained
• Best contacts at CBP for any IPR-related inquiries
• Programs available to the trade community

Learn more about our speakers:

President and Founder of Diaz Trade Law, Jennifer (Jen) Diaz is a Chambers ranked, Board Certified International Attorney specializing in customs and international trade. For more than 15 years, Jen has provided legal advice and customized training on import and export compliance to industry, with a strong record of success in mitigating federal administrative enforcement actions. 

Jen has received many accolades from the legal community, including being recognized by “Super Lawyers” as a Top International Attorney, having an AV rating of “Superb,” and serving as President of the Organization of Women in International Trade (2018-2019). 

A frequent media commentator, Jen has authored book chapters, journal articles, and other articles for The Florida Bar, the American Bar Association, Bloomberg Law, and others. Jen is Editor of “Customs & International Trade Law,” a blog recognized by the U.S. Library of Congress as being an important part of the legal historical record. 

Alaina van Horn currently serves as the Chief of the Intellectual Property Rights Branch of U.S. Customs and Border Protection, Office of Trade, where she supervises a team of attorneys and paralegals specializing in border enforcement of intellectual property rights. Prior to this position she served a one year detail in the Office of the U.S. Intellectual Property Enforcement Coordinator (IPEC) in the Executive Office of the President, as a Policy Advisor specializing in customs law. Prior to joining the IPEC she was a Senior Attorney-Advisor in the Intellectual Property Rights Branch of CBP’s Office of Trade for over a decade, where she provided legal support to all ports of entry on border enforcement of trademarks and copyrights, adjudicated administrative petition for relief from seizure, issued binding rulings and infringement determinations, and administered patent and trade secrets based exclusion orders issued by the U.S. International Trade Commission. Ms. van Horn has conducted numerous capacity building trainings on border enforcement of intellectual property rights to foreign governments, international organizations, and domestic audiences in both the public and private sectors.

Lisa Deere has over 20 years’ experience in Intellectual Property, Anti-Counterfeiting, and prosecution. In late 2017 Lisa joined the Global Security and Brand Protection team of UL LLC (Underwriters Laboratories) as a Brand Protection Manager overseeing the United States and Canada.

Prior to joining UL, Lisa was responsible for the enforcement program at Conair Corporation where she launched the Anti-Counterfeiting program, initially with just

the US market, and eventually expanded the program globally.

Lisa’s IP career began while working for a major US charity. During her tenure with the charity, she worked closely with in-house counsel to build an international trademark portfolio, aggressively protected the brand through online enforcement, and assisted in defending against misuse of the charity’s well-respected name.

Lisa is actively involved in several Anti-Counterfeiting organization, including the International Anticounterfeiting Coalition (IACC), the International Trademark Association (INTA), and the Canadian Anti-Counterfeiting Network (CACN). She has served two terms as a member of INTA’s Anti-Counterfeiting committee, numerous terms on the INTA Round Table Subcommittee, and is currently serving as Vice Chair of the CACN Steering Committee. Lisa is a frequent moderator and roundtable host, and often speaks on the topic of health & safety issues related to counterfeit electronics.

REGISTER TODAY!

Join us IN PERSON in Baltimore, MD, July 26-27, 2021. NCBFAA NEI and hotel staff will be complying with all state and venue COVID-19 protocols so you can feel safe attending the event! Virtual attendance is available, so you can gain knowledge from anywhere!

REGISTER TODAY!

All trade professionals, regardless of membership or affiliation, are invited to join to:

• Learn from industry subject matter experts on today’s pressing matters
• Get an opportunity to voice your questions to federal, state and industry experts about the latest issues affecting your business
• Acquire fresh ideas by networking with business colleagues while meeting new people

Diaz Trade Law is enthusiastic to announce that our President, Jennifer Diaz will be a featured speaker alongside Adrienne Braumiller on the topic “Update on CBP Enforcement Efforts: IPR, Section 301, 232, AD/CVD” taking place on July 27th from 9:00 am to 10:30 am EST.

As we all know, Intellectual Property Rights, AD/CVD, Section 301 and 232 are all things on CBP’s priority list for enforcement. What do you have in place to make sure you are complying with the regulations? What have you done to assure yourself that your imports are not affected by the rules, and if they are, how you are managing the additional complexity of these movements?

Learn More About Jen Diaz!

President and Founder of Diaz Trade Law, Jennifer (Jen) Diaz is a Chambers ranked, Board Certified International Attorney specializing in customs and international trade. For more than 15 years, Jen has provided legal advice and customized training on import and export compliance to industry, with a strong record of success in mitigating federal administrative enforcement actions.

Jen has received many accolades from the legal community, including being recognized by “Super Lawyers” as a Top International Attorney, having an AV rating of “Superb,” and serving as President of the Organization of Women in International Trade (2018-2019).

A frequent media commentator, Jen has authored book chapters, journal articles, and other articles for The Florida Bar, the American Bar Association, Bloomberg Law, and others. Jen is Editor of “Customs & International Trade Law,” a blog recognized by the U.S. Library of Congress as being an important part of the legal historical record.

REGISTER TODAY!