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International Trade Today: CBP Policy Change Makes Extensions for Prior Disclosures More Difficult

Diaz Trade Law’s President, Jennifer Diaz is enthusiastic to announce International Trade Today featured her perspective in their recent article, “CBP Policy Change Makes Extensions for Prior Disclosures More Difficult, Lawyer Says“! Below is the article reproduced for your reading pleasure. You can read the article here (where you’ll have the ability to access the link to the CBP guidance).

A previous article written by Jen and Sharath focuses on how to successfully submit a prior disclosure (PD) to Customs and Border Protection, along with details known of CBP’s new timing requirements, which had not been circulated publicly (prior to our FOIA request). We truly feel CBP’s new deadlines place a burden on importers that must be considered PRIOR to filing a PD. If you are considering filing a Prior Disclosure – PLEASE communicate with counsel first.

Please note you cannot click on the hyperlink below. We’d love to hear your feedback!

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By Jennifer Diaz|2022-06-24T09:55:54-04:00June 24, 2022|Import, International Trade, Pre-compliance, Reasonable Care, U.S. Customs and Border Protection (CBP)|0 Comments

Importing into Puerto Rico? Don’t Forget about Paying Use Tax

Puerto Rico, a U.S. territory, although uniquely situated as a part of the customs territory of the United States it simultaneously operates its own internal tax system for importations into Puerto Rico. This means importations of goods into Puerto Rico must meet all import requirements that any importation into the United States must meet. For example, importations are subject to duties, taxes, and fees imposed by CBP, and importations must meet the health, safety, and sanitary and phytosanitary requirements of a wide range of federal agencies such as the U.S. Department of Agriculture, the U.S. Consumer Products Safety Commission, the U.S. Food & Drug Administration, etc.

Meanwhile, importations into Puerto Rico are additionally subject to the territory’s own entry tax administered by the Departmento de Hacienda (“Hacienda”), a Puerto Rican governmental agency that serves the function of a territory treasury department. Puerto Rico’s unique entry tax is a component of a two-pronged tax system for goods, known as the Impuesto sobre Ventas y Uso (“IVU”) (in English, “Sales and Use Tax”). As the name suggests, the IVU is comprised of (1) sales tax, and (2) a use tax.

The sales tax functions similar to sales taxes elsewhere in the United States. In Puerto Rico, the Hacienda requires that sales taxes on goods and services be collected by goods and services providers and paid to the Hacienda on a monthly basis. On the other hand, the use tax is the amount that a party must pay when introducing an item to […]

By Jennifer Diaz|2022-01-28T15:44:25-05:00February 1, 2022|AD/CVD, Best Practices, Enforcement, Import, International Trade, Pre-compliance, Reasonable Care, U.S. Customs and Border Protection (CBP)|0 Comments

2021: A Year in Review

From all of us at Diaz Trade Law, we are incredibly thankful and grateful for your support this year. Despite this ongoing pandemic, Diaz Trade Law still managed to save our clients MILLIONS of dollars in 2021. It is with great joy that we finish off 2021 filled with numerous achievements and accomplishments were humbled to share with you. We look forward to assisting you in what we envision will be a better and brighter 2022!

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9801.00.10: Updated Requirements for Returned Goods

Background on HTSUS Subheading 9801.00.10

Ever hear of U.S. goods returned and wondered what it really meant? The Harmonized Tariff Schedule of the United States (“HTSUS”) subheading 9801.00.10 is used for re-importing U.S. made products back into the United States, duty-free. Previously, this classification only covered merchandise originally made in the United States and now reentering the country (hence “US Goods Returned”). In order to qualify for classification under subheading 9801.00.10 and duty-free treatment, these products entering the United States had to be unimproved in condition or value. In other words, the products had to not be subject to further processing abroad. For example, subheading 9801.00.10 may be used when goods are being re-imported as returned product to the seller or for repair. Under subheading 9801.00.10, the importer has the burden to prove their claim for duty-free treatment.

CBP Issues Updated Guidance

On August 20, 2021, subheading 9801.00.10 was expanded to include products which originated from foreign countries. HTSUS subheading 9801.00.10 now states: “Products of the United States when returned after having been exported, or any other products when returned within 3 years after having been exported, without having been advanced in value or improved in condition by any process of manufacture or other means while abroad.” In other words, non-U.S. origin products that are returned to the United States will ALSO qualify for duty-free treatment under subheading 9801.00.10. However, the timing requirements for U.S.-origin and foreign-origin products are different. U.S.-origin products currently have no time limit to file […]

By Jennifer Diaz|2021-11-09T12:30:32-05:00November 23, 2021|ACE, Best Practices, Customs Broker, Customs Expert, Enforcement, Import, International Trade, Pre-compliance, Reasonable Care, U.S. Customs and Border Protection (CBP)|0 Comments

Trading in Wildlife? You May Need a License

The Convention on International Trade in Endangered Species of Wild Fauna and Flora (“CITES”) is an international agreement that strives to ensure that international trade in wild animals and plants does not threaten the survival of those species. CITES was adopted by 80 countries in 1973. The text of the agreement provides for various measures to prevent the illicit trade in goods made of endangered species. Specifically, CITES imposes controls on all import, export, re-export, and introduction from the sea, of species covered by the agreement, to be authorized through a licensing system. The species that fall within the scope of CITES are listed and maintained in three appendices based on the degree of protection required.

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By Jennifer Diaz|2021-10-26T08:45:59-04:00October 26, 2021|Best Practices, Import, International Trade, Labeling, penalty, Pre-compliance, Reasonable Care, U.S. Fish and Wildlife Service (FWS)|0 Comments

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