Below we share some of our top 2021 success stories with you.

Successfully Mitigated Liquidated Damages Claims 

• For failure to timely refile rejected entries subject to AD/CV duties:
  • After DTL’s strategic involvement CBP substantially mitigated approximately $5 MILLION in claims down to $26,365.00, successfully saving our client over $4.7 MILLION dollars
  • Our client received 36 liquidated damages notices from CBP totaling over $567,000. After Diaz Trade Law’s successful negotiation with CBP, all 36 cases were canceled by CBP, saving our client $over $567,000!!
• CBP sent our client a liquidated damages claim in the amount of $150,000. As a result of Diaz Trade Law’s successful petition, CBP mitigated the liquidated damages claim down to $1,500!
• CBP issued a liquidated damages claim in the amount of $50,000.00. After DTL successfully petitioned CBP, the claim was cancelled!
• CBP issued a liquidated damages claim in the amount of $36,033.00. After DTL successfully petitioned CBP, the claim was mitigated to $360.33 (the best potential mitigation!).

CBP Detention Assistance 

• Mere days after being retained, Diaz Trade Law successfully assisted in negotiating with CBP and numerous trademark owners proving that our clients detained goods (collectively valued over $1,000,000.00) were legitimate, receiving either consent TM holder, and/or convincing CBP to release legitimate merchandise that should not have been detained.
• After CBP detained our client’s electronic merchandise to verify admissibility with the Department of Transportation (DOT)
  • CBP released the electronic goods after DTL proved the merchandise, LED driving lights, were eligible for an “off road” use exception and DOT providing such confirmation.
• After CBP detained our client’s electronic merchandise to verify the validity of a trademark on the product packaging.
  • Diaz Trade Law proactively communicated with the trademark holder and CBP, who, with the authorization of the trademark holder, permitted the importer to manipulate the merchandise and import the goods saving our client from a costly and lengthy seizure case that potentially exposed our client to CBP penalties.
• After CBP detained our client’s electronic merchandise to verify the validity of a trademark on the product packaging.
  • After Diaz Trade Law’s immediate involvement in arguing the product was “confusingly similar” and not counterfeit, DTL persuaded CBP to apply the relief afforded to “confusingly similar” seized merchandise and ultimately CBP permitted the exportation – which is relief that is rarely granted for detained products. DTL saved our client from a seizure case and potential penalties.
• CBP detained 28 containers of our client’s cargo.
  • Diaz Trade Law successfully negotiated with CBP to permit the goods to be reexported and avoid substantial demurrage expenses.

4647 Responses 

• CBP issued our client a CBP Form 4647 – Notice to Mark, because its electronic car accessories labels had both a country of origin marking and a “Designed in the USA” claim (in separate locations on the label).
  • After 48 hours of Diaz Trade Law’s successful escalation and negotiation with the Electronic Center of Excellence and Expertise, CBP granted a rarely used marking waiver permitting the merchandise to be imported as is, saving our client both money and time.
• CBP issued our client a CBP Form 4647 – Notice to Mark, because over 1,000 electronic car accessory units did not bear a country of origin marking.
  • Diaz Trade Law successfully and efficiently guided our client through the marking process. Ultimately, the goods were marked and authorized for distribution within recording timing – less than 10 days from the issuance of the 4647, saving our client both money and time.
• CBPO’s at Port Everglades detained two of our client’s shipments and issued two separate CBP Form 4647s – Notices to Mark because the imported merchandise valued at $98,744.00 did not bear a country of origin marking.
  • Diaz Trade Law successfully and efficiently guided our client through the marking process. Ultimately, the goods were marked and authorized for distribution with record timing – within 7 days from the issuance of the 4647, saving our client both money and time.
• Diaz Trade Law successfully assisted our client in responding to CBP’s Notice to Redeliver (CBP Form 4647) and provided CBP confirmation that the intellectual property rights displayed on the goods was authorized and our client’s merchandise was released in record timing!

Successfully Assisted Numerous Importers Battle Alleged Intellectual Property Rights Violations

• Our client’s merchandise was seized by CBP due to an alleged trademark violation.
  • After Diaz Trade Law’s successful petition, CBP issued a decision authorizing our client to relabel and export its legitimate merchandise.
• CBP detained several shipments of our client’s cargo for both Country of Origin (COO) and Intellectual Property Rights (IPR) reasons.
  • Diaz Trade Law advocated for our client and within less than one week convinced CBP to release our client’s legitimate merchandise detained at numerous ports of entry nationwide.
• Our client’s designer handbags were seized by CBP due to an alleged counterfeit violation.
  • After Diaz Trade Law’s successful petition, proving that the handbags were legitimate, CBP released our client’s legitimate merchandise.
• CBP detained our client’s goods valued at $98,744.00 for an alleged IPR validation.
  • Our firm immediately communicated with the appropriate CBP CEE and submitted evidence supporting the legitimacy of the imported goods requesting their immediate release. The CBP CEE agreed with our request and recommended the local port release the shipment, saving our client from a costly and lengthy seizure case.
• Diaz Trade Law successfully negotiated with CBP on behalf of an aftermarket car part importer to permit the exportation of goods detained for alleged IPR violations, saving the importer from a costly and lengthy seizure and potential penalty.
• Our client imported electronic merchandise which contained a trademark-violating processing system.
  • After Diaz Trade Law’s successful intervention, Diaz Trade Law received authorization from the trademark holder to permit the violative components to be removed and destroyed, and the larger shell merchandise to be imported in its current form. CBP agreed to these terms, and issued a disposition order authorizing the manipulation and release of the goods as Diaz Trade Law had requested.

Successfully Mitigated Penalty Actions Issued by CBP to our Clients 

• For importing noncompliant Wood Packaging Material:
  • $91,714 mitigated to 3% of penalty to $2,751.42, saving our client $88,962
  • $69,900 mitigated to 3% of penalty to $6,990, saving our client $60,000
  • $28,478 mitigated to 10% of penalty to $2,847, saving our client $25,631
  • $27,857 mitigated to 10% of penalty to $2,786, saving our client $25,071
  • $19,980.00 mitigated to 10% of penalty to $1,998, saving our client $17,982
• For filing incorrect Electronic Export Information (EEI)
  • $14,194 mitigated down to $500 (the best possible relief)!
  • $14,194 mitigated to 10% of penalty to $1500, saving our client $12,694

CBP 28 / CBP 29 Responses / CBP Investigations and Rejections

• Our client received a CBP 28 for a U.S. Australia Free Trade Agreement verification.
  • After Diaz Trade Law filed a successful response proving the imported goods were eligible for preferential duty-free treatment, CBP closed the 28 with a positive CBP 29 (Notice of Action).
• Our client received a CBP 28 Request for Information from U.S. Customs to verify GSP eligibility.
  • After Diaz Trade Law submitted a substantive response proving the GSP claim was valid, CBP issued a CBP 29 determining that the merchandise qualifies for GSP and no duties are owed to CBP!
• Our client received a Request for Information (CBP 28) from CBP.
  • Diaz Trade Law filed a 28 response which included a Prior Disclosure. The 28 was closed out, and the disclosure was accepted by CBP resulting in no 1592 penalties being issued to our client.
• CBP physically inspected our client’s cargo at the time of entry and identified that the commercial invoice and packing slip submitted to CBP did not include one model number included in the cargo. Diaz Trade Law immediately negotiated with CBP to accept an updated invoice and packing list. CBP accepted and released the complete cargo with no further enforcement action taken, saving our client costly demerge fees and other expenses.
• CBP rejected and refused an importation of tires because CBP alleged the importer did not have a right to make entry. After three uphill battles with CBP and DTL’s strategic recommendation to change the import transaction model, the importer was successfully able to act as IOR and its merchandise was admitted into the US.

USTR/China Tariffs

• Diaz Trade Law assisted over 100 importers in filing complaints with the Court of International Trade challenging Section 301 tariffs imposed for imported goods under for List 3 and List 4a, requesting full refunds.
• Diaz Trade Law filed numerous exclusions for goods subject to the Section 301 List 3 and List 4. USTR agreed and granted our client’s exclusion!
• Numerous clients that were subject to 301 duties used Diaz Trade Law to actively monitor 301 exclusions to ensure they were notified when refunds were a possibility. Diaz Trade Law assisted with not only actively monitoring the relevant exclusions, but also interpreting the applicability, and fighting for refunds via the Protest or PSC process. CBP has accepted numerous Protests, and hundreds of thousands of dollars of refunds were sent to our clients!
• As a result of Diaz Trade Law’s closely monitoring Section 301 China tariff exclusions, Diaz Trade Law found an applicable exclusion for our client to use and filed two Protests with CBP requesting that CBP refund the China tariffs paid. Our client’s protests were approved by CBP, resulting in a refund of $64,678.00.

Export Compliance and Enforcement Mitigation Assistance

• Diaz Trade Law is actively assisting exporters:
  • Vetting proposed export transactions
  • Providing voluntary self-disclosures to Census and OFAC
  • Developing an effective export compliance plan
  • Developing export compliance training
  • Mitigation and corrective action
  • Presenting export report cards to clients based upon an analysis of ACE data
  • Analyze export trade data
  • With mitigation of export seizures and penalties
• Our client needed urgent assistance to ensure it understood the requirements to properly export hazardous materials. Diaz Trade Law successfully and expeditiously secured Competent Authority Approvals for the hazardous material from the U.S. DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration (PHMSA) as well as the Competent Authority of Turkey and Finland.

OFAC/FAA/HSI 

• Our client’s incoming wire payments of $842,918.92 from Venezuela were blocked by its U.S. bank for possible violations of U.S. sanctions laws.
  • After Diaz Trade Law filed a specific license application with the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC), OFAC issued a specific license authorizing the legitimate funds to be unblocked and returned to our client.
• Our client was being investigated by FAA as a result of a hazardous materials incident.
  • As a result of Diaz Trade Law’s successful involvement, the FAA closed the matter with an informal action!
• Our client was being investigated by HSI for possible criminal liability.
  • After Diaz Trade Law’s intervention, HSI closed its investigation into our client.

 Protests

• Diaz Trade Law successfully assisted our client in filing two Protests with CBP. These approvals saved our client over $600,000!!
• After Diaz Trade Law’s successful Protest of CBP’s AD/CVD bills, our client’s protest was approved by CBP, saving our client over $200,000!!

Binding Rulings

• Diaz Trade Law successfully requested and received binding rulings for numerous clients confirming:
  • the correct country of origin for its prospective imported merchandise.
  • the correct harmonized tariff schedule (HTSUS) for its imported merchandise.
  • both the origin of their merchandise and appropriate CBP country of origin marking
  • the applicability of a free trade agreement.

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

• Diaz Trade Law successfully submitted a perfected prior disclosure for underlying classification, valuation, quantity, and 301/China tariff errors. While reviewing ACE data, we identified offsets for the duties owed to CBP. Ultimately, CBP agreed with our assessment and accepted our prior disclosure and tender, resulting in a refund of over $25,000 to our client and ensuring no future penalties would be assessed for our client’s past importing errors.
• After discovering Electronic Export Information (EEI) filing errors made by one of our clients, Diaz Trade Law assisted our client in proactively filing a Voluntary Self-Disclosure (VSD) with the U.S. Census Bureau and assisting our client in fixing all past errors. The VSD filing was accepted and resulted in the U.S. Census Bureau closing out the matter without penalties being assessed.
• On behalf of a client, Diaz Trade Law filed a voluntary disclosure with the Office of Foreign Assets Control (OFAC), disclosing potential sanctions violations.
  • Diaz Trade Law worked proactively with OFAC and received this “No Action letter” with no penalties assessed to our client.
• Diaz Trade Law successfully assisted our client in filing a Voluntary Self-Disclosure (VSD) with the U.S. Census Bureau for violations of the Foreign Trade Regulations.
  • Diaz Trade Law proactively worked with the Census Bureau and corrected past filing errors. The VSD was successfully closed out with no penalties assessed.
• Diaz Trade Law successfully assisted our client in filing a Prior Disclosure. CBP accepted the prior disclosure with no 1592 penalties being assessed!

Bonded Warehouse

• After Diaz Trade Law’s successful application, our client’s Bonded Warehouse Application was approved!
• After its bonded warehouse was activated by CBP, our client realized it wanted to change the total square footage. Diaz Trade Law successfully assisted our client alter its customs bonded warehouse space.

Successfully Assisted Numerous Importers in Various Seizure Cases 

• CBP seized our client’s vehicle after believing it could have been used to import illegal substances. After Diaz Trade Law’s successful petition proving our client’s innocence, CBP released the vehicle with no penalty assessed
• $20,868.81 of our client’s currency was seized by CBP. After Diaz Trade Law’s successful petition, $19,868.81 was returned to our client!
• $15,795 of our client’s currency was seized by CBP. After Diaz Trade Law’s successful petition, $14,795 was returned to our client!
• $12,157.95 worth of jewelry was seized by Customs after our client failed to declare it. After Diaz Trade Law’s successful Petition, CBP released the jewelry within 22 days.

Awards

• In 2021, Diaz Trade Law founder Jennifer Diaz was again Chambers ranked in International Trade: Customs – USA – Nationwide

Publications

Key publications written by Diaz Trade Law in 2021 were:

• Bloomberg Law, Introduction to U.S. Export Controls: Part 2, November, 2021.
• Bloomberg Law, Protecting Intellectual Property Rights in China, October 2021.
• Bloomberg Law, Incoterms 2020, May 2021.
• Bloomberg Law, Submitting Voluntary Self-Disclosures to Bureau of Industry & Security, May 2021.
• Bloomberg Law, Submitting a Voluntary Self-Disclosure to Census, April 2021.
• Bloomberg Law, Submitting a Voluntary Self-Disclosure to OFAC, April 2021.
• Bloomberg Law, U.S. Customs Targets Use of Forced Labor, January 2021.
• Customs and International Trade Bar Association, An Overview of China’s New Export Controls Regime,
• Customs and International Trade Bar Association, COVID-19’s Impact on 2020 Trade Flows,

Customized Training Programs & Webinars

Key compliance programs taught by Diaz Trade Law in 2021 were:

• Intellectual Property Rights and Customs – Amazon Brand Registry
• CTPAT Program: Is CTPAT a Right Fit
• Successfully Navigating the U.S. Customs Detention and Seizure Process
• How to Navigate FDA Enforcement Action: Detentions, Warning Letters, and Import Alerts
• Requests For Information (CBP Form 28) and Prior Disclosures
• How to Build and Maintain an Effective Import Compliance Plan
• How to Build and Maintain an Effective Export Compliance Plan
• Importing Food in Compliance With U.S. FDA and Surviving A FSVP Audit
• Importing Medical Devices in Compliance With U.S. FDA
• 6 Months In – Insights on Biden & Congress on Trade
• Is it a Cosmetic, a Drug, or Both? FDA Enforcement Actions
• ACE: Auditing Your Export History
• ACE: Auditing Your Import History
• Introduction to Export Controls
• Importing 101 – Introduction to U.S. Customs
• Anti-Circumvention / EAPA / Dumping Duties & the Spreadability of Cases (Coated Paper)
• Other Trade Remedies 101 – Every Administration has a Favorite!
• Basics on AD/CVD
• Cleaning for Covid-19 – Importing Cleaning Products: Who Regulates You?
• Forecasting the Next 4 Years of Biden on Trade

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.

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

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!

Below we share some of our top 2020 success stories with you.

USTR/China Tariffs

• Diaz Trade Law assisted over 100 importers in filing complaints with the Court of International Trade challenging Section 301 tariffs imposed for imported goods under for List 3 and List 4a, requesting full refunds.

• Diaz Trade Law filed numerous exclusions for goods subject to the Section 301 List 3 and List 4. USTR agreed and granted our client’s exclusion!
• Numerous clients that were subject to 301 duties used Diaz Trade Law to actively monitor 301 exclusions to ensure they were notified when refunds were a possibility. Diaz Trade Law assisted with not only actively monitoring the relevant exclusions, but also interpreting the applicability, and fighting for refunds via the Protest or PSC process. CBP has accepted numerous Protests, and hundreds of thousands of dollars of refunds were sent to our clients!
• Diaz Trade Law published 49 blogs related to the US. – China Trade War to keep our clients and industry members up to date on the latest news.

EAPA Representation

• Diaz Trade Law is actively assisting an importer in fighting two CBP EAPA investigations.

Export Compliance and Enforcement Mitigation Assistance

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

USDA Representation

• Developed novel and unprecedented self-disclosure process with the National Organic Program in order to negotiate a settlement agreement obtaining maximum mitigation.
• Built corrective action systems and assist clients in implementing them.
• Developed written processes and procedures that align with national organic standards.

CBP Detention Assistance & 4647 Responses

• Mere days after being retained, Diaz Trade Law successfully assisted in negotiating with CBP and numerous trademark owners proving that our clients detained goods (collectively valued over $1,000,000.00) were legitimate, receiving either consent TM holder, and/or convincing CBP to release legitimate merchandise that should not have been detained.
• Diaz Trade Law successfully assisted our client in responding to CBP’s Notice to Redeliver (CBP Form 4647) and provided CBP confirmation that the intellectual property rights displayed on the goods was authorized and our client’s merchandise was released in record timing!

Successfully Assisted Numerous Importers in Various Seizure Cases

• Our client had over $200,000 worth of goods detained by U.S. Customs and Border Protection. The detention notice issued to our client said “IPR” only, which means “Intellectual Property Rights”. Our client had to answers as to why their goods were detained and what they could do to help get them back, until Diaz Trade Law got involved. Within 2 business days, Diaz Trade Law was able to communicate with the correct parties at U.S. Customs, and help facilitate the release of the legitimate goods. Needless to say, we had one happy client!
• CBP seized our client’s merchandise, valued at $132,756. After Diaz Trade Law’s successful petition, our client’s merchandise was returned!
• CBP seized our client’s merchandise, valued at $91,186.00. After Diaz Trade Law ‘s successful petition, our client’s merchandise was returned!
• Our client’s merchandise totaling $89,939.00 was detained by CBP. After Diaz Trade Law successfully communicated with the CBP detention office regarding the legitimacy of the detained goods, our client’s merchandise was released.
• Our client had 110 electric scooters, valued over $57,000 seized by CBP. After Diaz Trade Law ‘s successful petition, the scooters were returned to our client.
• CBP seized our client’s goods valued at $27,474.30. After Diaz Trade Law ‘s successful intervention, our client’s merchandise was returned!
• Our client had 4 checks, valued over $25,768.60 seized by CBP. After Diaz Trade Law’s successful petition, all checks were returned to our client.
• Our client’s merchandise valued at $16,990.00 was seized by CBP with an allegation that the merchandise was counterfeit. After Diaz Trade Law’s successful petition, CBP released our client’s merchandise!

Assisted Individuals in Getting Seized Currency Returned From CBP

• Our client funds, totaling $42,750.00 were seized by CBP. After Diaz Trade Law’s successful petition, $37,750.00 was returned to our client!

• $29,965 in currency was seized by CBP. After Diaz Trade Law ‘s successful petition, $27,465 was returned to our client.
• $23,552.00 in currency was seized by CBP. After Diaz Trade Law ‘s successful petition, $22,552.00 was returned to our client!
• $20,000.00 in currency was seized by CBP. After Diaz Trade Law’s successful petition, $19,000.00 was returned to our client!

Successfully Mitigated Penalty Actions Issued by CBP to our Clients

• Diaz Trade Law successfully mitigated a second Wood Packaging Material penalty on behalf of an importer. CBP assessed a $129,654.00 penalty, and after Diaz Trade Law ‘s successful Petition, the penalty was mitigated down to $23,337.72 (18% of the original penalty amount).

Risk and Analysis Survey Assessment (RASA)

• Diaz Trade Law successfully assisted our client in preparing for Risk and Analysis Survey Assessment (RASA) performed by CBP Auditors, resulting in no further consideration being necessary by CBP!

CBP 28 / CBP 29 Responses / Notices of CBP Investigation / Protests

• Our clients received numerous CBP 28’s and/or CBP 29’s stating they did not qualify for use of a Free Trade Agreement. Diaz Trade Law filed Protests with CBP proving that the goods did in fact comply with the Free Trade Agreement declared upon entry. CBP accepted the Protests and no duties were owed to CBP.
• Diaz Trade Law is proactively assisting companies who received Notices of CBP Investigation to analyze the potential loss of revenue, compliance with CBP laws and regulations, and assist in mitigating any potential enforcement action.

Binding Rulings

• Diaz Trade Law successfully requested and received binding rulings for numerous clients confirming:
  • the correct country of origin for its prospective imported merchandise.

• the correct harmonized tariff schedule (HTSUS) for its imported merchandise.
• both the origin of their merchandise and appropriate CBP country of origin marking
• the applicability of a free trade agreement.

CTPAT

• Diaz Trade Law assisted our client with its corporate and security profile (prior to the new 2020 changes being effective) and was successfully admitted as a certified partner into the voluntary Customs Trade Partnership Against Terrorism (CTPAT) program.
• Diaz Trade Law also provided assistance with annual updates and CTPAT training.

Foreign Trade Zone

• After Diaz Trade Law’s successful application, our client was approved by the Foreign Trade Zones Board and Port Miami as a FTZ under Grantee 281!

FDA – PPE

• Diaz Trade Law is successfully assisting three manufacturers of hand sanitizer product through the FDA recall process.
• Diaz Trade Law successfully assisted numerous clients in importing hand sanitizers (regulated by the FDA as an over-the-counter drug) and ensuring appropriate FDA registrations and listings, and compliant labeling was in place prior to importation.
• Numerous clients needed expedited assistance to import PPE into the U.S. Diaz Trade Law successfully assisted importers in reviewing and providing advice on OTC and medical device labeling, registering establishments with the FDA, listing medical devices with the FDA, and compliantly taking advantage of FDA’s EUA’s.

Assisted Numerous Importers in Filing Prior Disclosures Accepted by CBP

• Client received Requests for Information (CBP 28’s) from CBP and came to Diaz Trade Law noting a violation that took place. Diaz Trade Law filed numerous successful Prior Disclosures which will result in NO PENALTIES to our clients!
• Clients also proactively came to Diaz Trade Law after realizing they made errors in classification, valuation, and/or applicability of ADD/CVD orders when entering merchandise into the U.S. Diaz Trade Law successfully assisted our clients in filing Prior Disclosures which were accepted by CBP, resulting in no penalties!

Trademark

• Diaz Trade Law successfully assisted numerous clients in first performing a comprehensive search and thereafter registering our client’s trademark with the U.S. Patent and Trademark Office without opposition.

Awards

• In 2020, Diaz Trade Law found Jennifer Diaz became Chambers ranked in International Trade: Customs – USA – Nationwide

Publications

Key publications written by Diaz Trade Law in 2020 were:

• Export Laws. In: Int’l Law Deskbook 2020. Tallahassee: The Int’l Law Section of The Florida Bar, pp.33-54
• Trade Laws. In: Int’l Law Deskbook 2020. Tallahassee: The Int’l Law Section of The Florida Bar, pp.55-64.
• Customs Laws. In: Int’l Law Deskbook 2020. Tallahassee: The Int’l Law Section of The Florida Bar, pp.73-100.
• Bloomberg Law, USMCA IMPORT CONSIDERATIONS FOR PRACTITIONERS, June 26, 2020.
• Bloomberg Law, PPE IMPORTS DURING COVID-19, April 16, 2020.
• Bloomberg Law, CTPAT VALIDATION AND MINIMUM SECURITY CRITERIA & CTPAT MINIMUM SECURITY CRITERIA CHANGES, April 2, 2020.
• Bloomberg Law, USDA and CBP Combat Non-Compliant WPM, January 9, 2020.

Customized Training Programs & Webinars

Key compliance programs taught by Diaz Trade Law in 2020 were:

• 20/20 Focus on Trade, Focus on 301 Tariffs
• The ABC’s of Brand Protection
• Anchoring Trade Within South Florida
• Top CBP and FDA Enforcement Issues for Imports of FDA Regulated Products
• Proactive Enforcement of Your Brand
• Protecting Your IP Rights in China
• A View from the Marketplace: Opportunities for Florida Companies in Canada
• Forced Labor Enforcement and TFTEA: Enforcement is Here; How Does COVID-19 Play Into It?
• Intellectual Property Rights with Diaz Trade Law: A Practical Approach
• How Import Compliance ties into FDA Compliance: Your Checklist to Prepare for 2021

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.

This year has been filled with numerous achievements and accomplishments. We are grateful for the clients who have entrusted their trade and customs issues to us, and we look forward to assisting you in 2020!

Below we share some of our 2019 success stories with you.

USTR/China Tariffs

• DTL published 25 blogs related to US. – China Trade War to maintain our clients and industry members up to date on the latest news.
• DTL filed numerous exclusions for goods subject to the Section 301 List 3.
• Our clients wanted to voice their concerns to the USTR Concerning the Proposed Modification of Action Pursuant to Section 301: China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation for List 4. We assisted in creating compelling arguments to the USTR and submitting comments on their specific imported items subject to China Tariffs on List 4.

U.S. Food and Drug Administration (FDA) Detention

• FDA detained perishable merchandise, DTL successfully communicated with FDA by providing critical information for FDA to expeditiously release the detained goods totaling over $54,500.00.

 FDA FSVP Inspection

• DTL successfully assisted our client to prepare for FDA’s FSVP inspection. FDA issued a 482d to our client and conducted a Foreign Supplier Verification Program (FSVP) inspection. DTL was proactive in assisting our client in responding to questions from FDA during the inspection. At the conclusion of the inspection, the FDA did not take further action and did not provide the importer with Form FDA 483a.

FDA Import Alert List

• DTL successfully petitioned the FDA, and our client was removed from an FDA Import Alert List. Being on an FDA Import Alert list causes an importer to also be subject to automatic detention without physical examination each time they import, resulting in timely and costly delays to product admissions into the U.S. Our client stated “With the final detention now released, I just wanted to say a huge thanks for your specialized input over the past few months. In the end, we managed to escape the FDA mess with some significant legal bills and lost sales but without the loss of a major customer. It is going to take some time to re-establish our reputation in the market as a reliable supplier but, given at one stage we were within weeks of mass deletions, we ended up escaping ok.”

CBP Detention

• DTL successfully assisted CBP by providing critical information for CBP to expeditiously release detained goods totaling $70,100.00!

Successfully Assisted Numerous Importers in Various Seizure Cases to Assist in Getting Property Returned, Despite CBP Claims Merchandise Was Drug Paraphernalia, Counterfeit, Etc

• CBP seized electronics alleging they were counterfeit. DTL successfully petitioned CBP, leading to $138,585.00 worth of seized merchandise being released by CBP.
• Our client had $56,734.00 in goods seized by CBP for a failure to declare the goods upon entry into the U.S. After DTL’s successful Petition to CBP, a CBP decision letter was received confirming CBP will remit the forfeiture (i.e. return the seized goods) upon payment of a mitigated amount.
• CBP seized merchandise alleging it was drug paraphernalia. DTL successfully petitioned CBP, leading to $29,751.00 worth of merchandise being released by CBP.
• DTL successfully Petitioned CBP, leading to $7,200.00 worth of merchandise being released by CBP.

Assisted Individuals in Getting Seized Currency Returned From CBP

• Our client had $70,520 in Currency Seized by CBP. DTL successfully Petitioned CBP, leading to $60,520 in seized currency being returned to our client.
• Our client had $34,000.00 in Currency Seized by CBP. DTL successfully Petitioned CBP, leading to $31,500.00 in seized currency being returned to our client.
• Our client had $31,850.00 in Currency Seized by CBP. DTL successfully Petitioned CBP, leading to $31,850.00 in seized currency being returned to our client.
• Our client had $24,540.00 in Currency Seized by CBP. DTL successfully Petitioned CBP, leading to $23,540.00 in seized currency being returned to our client.
• Our client had $21,810.00 in Currency Seized by CBP. After DTL’s successful Petition, CBP issued a decision in 4 business days, which led to $20,810.00 in seized currency being returned to our client.
• CBP seized our client’s currency, alleged that our client purposefully split the currency among two travelers. DTL successfully Petitioned CBP, leading to $8,473.50 in seized currency being returned to our client.

Successfully Mitigated Penalty Actions Issued by CBP to our Clients

• DTL successfully Petitioned CBP, leading to a $360,000.00 penalty being mitigated down to $8,000.00.
• DTL successfully petitioned CBP, leading to a $42,193.00 WPM penalty assessed against our client being mitigated down to just $4,219.30!
• DTL successfully petitioned CBP, leading to two penalties of $10,000.00 assessed against our client being mitigated down to just $500.00 for each.
• DTL successfully petitioned CBP, leading to a $10,000.00 penalty assessed against our client being mitigated down to just $750.00!

Successfully Mitigated A Liquidated Damages Claim

• CBP issued a Liquidated Damages claim totaling $8,861.25 to our client. Our client attempted to Petition on their own behalf and was not successful. DTL successfully sent CBP a Supplemental Petition, leading to the Liquidated Damages claim of $8,861.25 being mitigated down to $147.68, a savings to our client of $8,713.57!

Assisted Numerous Importers in Filing Prior Disclosures Accepted by CBP

• Clients typically receive a CBP 28, which leads to further review of its import transactions. During the review, our client realizes they committed negligence when importing, and CBP has NOT yet commenced an investigation. We submit legally valid  Prior Disclosures to CBP.CBP accepts the disclosure with no penalties assessed to our clients!

Informed Compliance Letter

• DTL successfully communicated with CBP leading to CBP rescinding an Informed Compliance letter sent to our client.

CBP 28 Responses

• CBP questioned whether our client was properly utilizing the Dominican Republic-Central America-United States Free Trade Agreement (CAFTA-DR). DTL successfully responded to a CBP Request for Information (CBP28) providing confirmation that CAFTA-DR was properly used leading to CBP confirming the CBP 28 will be closed out with no further action taken!
• CBP questioned whether our client was properly utilizing the Agreement on Trade in Civil Aircraft. DTL successfully responded to a CBP Request for Information (CBP28) providing confirmation that the Agreement on Trade in Civil Aircraft was properly used leading to CBP confirming the CBP 28 will be closed out with no further action taken!
• CBP questioned whether our client was properly utilizing the The United States-Peru Free Trade Agreement (PTPA). DTL successfully responded to a CBP Request for Information (CBP28) providing confirmation that PTPA was properly used leading to CBP confirming the CBP 28 will be closed out with no further action taken!

 CBP 29 Response

• DTL successfully responded to CBP’s CF 29 proving that the correct AD/CVD case numbers were used upon entry. CBP agreed with DTL and liquidated the entries as entered saving our client over 118% in potential AD/CVD!

Protests

• DTL successfully protested two CBP bills totaling $72,684.58 and $105,971.29, respectively. Both bills were cancelled after DTL successfully proved our client’s goods were not subject to AD/CVD, saving our client $178,655.87!

CTPAT

• Assisted a consolidator in a successful validation with CBP.

First Sale

• DTL successfully worked with CBP to get an advisory opinion from CBP stating our client could use the “First Sale” value.

Country of Origin Marking

• DTL successfully worked with CBP after clients received a CBP Form 4647, had our client’s goods remarked with a correct country of origin and thereafter released by CBP.

Prepared Clients for CBP CEE’s Visits

• Our client received an Importer Visit notification from CBP. DTL successfully assisted our client to properly prepare for the CBP visit and attended to represent our client on site during the visit.
• CBP’s Apparel, Footwear & Textiles CEE requested an “Importer Interview” with our client. Jennifer Diaz went over our client’s importer practices and assisted in preparing our client for a successful visit with CBP. After the visit, our client said: “Thank you for all your assistance with today’s CBP visit. Our visit went as well as it possibly could have – we are so grateful that Diaz Trade Law represents U.S. Not only was Customs and Border Protection impressed, but they thanked us for how well prepared we were for their visit. One of the officials paid us a tremendous compliment when he stated that he wanted to start a venture based on our President’s business acumen and philosophies. Thank you again, for all the help you and your team provided us.”

Assisted Client in Getting Women’s Guayabera’s Duty Free Treatment Under the PATPA

• After years of hard work with the Panamanian National Directorate for the Administration of International Trade Agreements and Trade Protection (DINATRADEC), Oficina de Negociaciones Comerciales Internacionales, Ministerio de Comercio e Industrias, and the USTR, thanks to a Presidential Proclamation (84 Monday, No. 4 January 7, 2019 Pages 35–64 – GovInfohttps://www.govinfo.gov/content/pkg/FR-2019-01-07/pdf/FR-2019-01-07.pdf), women’s guayaberas will no longer be discriminated against and will now receive duty free treatment under PATPA, similar to men’s guayaberas. Client said, “Thank you for all the work you put in and the positive results.”

Foreign Trade Zone

• DTL successfully worked with the Port Miami (281) grantee, and the Foreign Trade Zone Board to receive the green light to operate as a FTZ, and DTL assisted our client in applying with CBP and received CBP approval to operate as a Foreign Trade Zone in Miami-Dade County. They will be offering freezer space!

Binding Rulings

• DTL successfully requested and received a binding ruling on behalf our client to confirm the correct harmonized tariff schedule of the US (HTSUS), country of origin, and applicability of a free trade agreement for its imported merchandise.
• DTL successfully requested and received a binding ruling on behalf of our client to confirm the correct harmonized tariff schedule (HTSUS) of its imported merchandise.

Assisted Client in Successfully Responding to A Cease and Desist Letter

• Our client received a Cease and Desist letter. DTL successfully responded to the letter, leading to the brand owner not taking any further action and closing the complaint.

Customized Training Programs

DTL and DTC taught the following customized training programs and webinar series:

• Webinar, The Florida Women’s Business Center, Global Connect, The Top 10 Tips When Importing into the U.S., December 3, 2019.
• Miami, FL, Global Ties, EU Program on Intellectual Property and Customs Management, November 21, 2019.
• Twitter Chat, OWIT International, “Women’s Entrepreneurship,” November 20, 2019.
• Miami, FL, “Lecture on International Trade Regulations for 2019 Cochran Fellowship Program on Supermarket and Retail Management from Paraguay,” Florida International University, November 12, 2019.
• Miami, FL, FIU College of Law’s Business Law Society and International Law Students Association, “Hot Topics in International Trade,” October 31, 2019.
• Tampa Bay, FL, Organize & Host & Moderate, OWITConTampaBay, October 24, 2019.
• Youtube, Trade Squad, Leah Goold-Hawes (Long Beach, CA), Sarah Barnes-Humphrey (Canada) and Audrey Ross (Canada) talk about Hot Topics in Supply Chain and Trade! October 21, 2019.
• Doral, FL, Africando, “Export Readiness: US Guidelines for Exporting to the US and Preparing Your Products for Distribution”, Wednesday, October 16, 2019.
• Fort Lauderdale, FL, FITCE, Broward County Office of Economic Development, Introduction to Importing, October 10, 2019.
• Miami, FL, Miami-Dade International Women Business Forum, Miami-Dade, Office of Economic Development & International Trade, October 8, 2019.
• Doral, FL, FCBF – “CTPAT Update on Minimum Security Guidelines”, September 25, 2019.
• Davie, FL, Panelist “Women in Law,” Nova Southeastern University, September 18, 2019.
• Webinar, “OWIT Committees/Opportunities for Volunteering Webinar,” OWIT International, June 6, 2019.
• Miami, FL – OWIT International / OWIT South Florida/ GMCC – Host and Moderate a Conversation with Ana Guevara, June 6, 2019.
• Doral, FL, Update to CTPAT, Trade War, CBP Enforcement, CoolTec Training, May 17, 2019.
• “The Complexities of International Trade Law,” Legal News & Review Radio Show, May 2, 2019.
• Doral, FL, “CBP COMPLIANCE & ENFORCEMENT”, DTC Seminar, April 17, 2019.
• Update on Ad Valorem, Maersk Training, April 9, 2019.
• Doral, FL, “CHINA TARIFFS/AD/CVD 101”, DTC Seminar, March 20, 2019
• Webinar, “CBP Enforcement – A Primer on Liquidated Damages, Penalty’s, Detention & Seizures,” NCBFAA, March 14, 2019.
• Miami, FL, “ABC’S OF PROTECTING YOUR BRAND”, DTC Seminar, February 20, 2019.
• Las Vegas, NV, Air Cargo Conference, Women’s Networking Panelist, February 10, 2019.
• Webinar, “OWIT International Benefits”, January 30, 2019.

Customized Trainings

• DTL organized customized trainings for clients on “CBP Compliance & Enforcement”.
• DTL organized customized trainings for clients on “FDA Compliance & Enforcement”.
• DTL provided a customized training to a client on best practices when complying with CBP Ad Valorem regulations.
• DTL provided a customized training to a client on MSC Updates to CTPAT, the Status of the China Trade War, and CBP Enforcement.

DTL 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.

The majority of federal forfeiture cases are uncontested when there is a related criminal case. Administrative forfeiture occurs when property is seized but no one files a claim to contest the seizure. Property that can be administratively forfeited includes merchandise prohibited from importation; a conveyance used to import, transport, or store a controlled substance; a monetary instrument; or other property that does not exceed $500,000 in value. Federal law imposes strict deadlines and notification requirements in the administrative forfeiture process. If the seizure is contested, then the U.S. government is required to use either criminal or civil judicial forfeiture proceedings to gain title to the property.

What is the difference between Asset Seizure and Asset Forfeiture?

Asset Seizure occurs when the Government takes position of your property. However, different Government agencies may have different seizure proceedings. Click the hyperlinks to learn the difference between a seizure under CAFRA’s  rules under 18 U.S.C. 983 and a seizure by U.S. customs.

Asset Forfeiture is the legal process used by the Government to take ownership of property it has seized. Civil Asset Forfeiture proceedings charge the property itself with involvement in a crime. Therefore, the owner of the property doesn’t even need to be guilty of a crime to have his/her asset forfeited.

Recent Supreme Court Ruling

On February 20, 2019, The Supreme Court of the United States decided Timbs v. Inidiana. The Court ruled in favor of Tyson Timbs, who bought and transported $225.00 worth of heroin using his car. The maximum fine for the drug charge to which he plead guilty in 2015 was $10,000. The state of Indiana sought civil forfeiture of Timbs’s $42,000 Land Rover, charging that it had been used to transport the heroin. The Supreme Court found that the imposition of such fine was excessive and ruled that state governments must comply with the Eighth Amendment’s ban on excessive fines.

How this ruling affects you?

This decision could restrain the state seizure of property from criminal suspects. The Supreme Court said that the Excessive Fines Clause was an incorporated protection that applied to the states as a result of the 14th Amendment’s Due Process Clause. The Supreme Court’s holding is a first step toward transforming the Eighth Amendment into a tool to combat the proliferation of fines around the country. Government Asset forfeiture is more common than what you might think.

Do you know what to do if your property is seized?

Often, we encounter people whose currency has been seized at the airports for failure to report it, or merchandise has been seized by U.S. Customs and Border Protection (CBP) and they do not know what to do. If that’s your case contact Diaz Trade Law for more information.

CBP

• Why You Need Your VERY OWN ACE Account
• USMCA Replaces NAFTA
• Air Cargo Advanced Screening
• Should You Get a Binding Ruling?
• My Goods Have Been Seized, What Should I Do?!
• Goodbye Airport lines. Hello Trusted Traveler Programs.
• 34,143 IPR Seizures in 2017, Sets Record!
• Right to Make Entry: Are You Entitled to Import Goods?
• Making E-Commerce Safer: CBP Releases New E-Commerce Strategy
• A Smoother Road to Exporting Vehicles: CBP’s New Electronic Validation Export Program
• Your Cheat Sheet to Comply With CBP’s Forced Labor Requirements
• Does Dirty Money Infiltrate your Market Place?

Best Practices for Freight Forwarders

• Why Your Freight Forwarder MUST Segregate Hazardous Materials
• My Freight Forwarder Is Requesting A Shipper’s Letter of Instruction, Now What?

Trade War with China Best Practices

• Are YOU on the List?
• Will A Transatlantic Trade War Put the American Agricultural Industry At Risk?
• On the Brink of a Trade War: Trump’s New Tariff Plan on Chinese Imports
• YEAR IN TRADE 2017 – Highlights of U.S. Trade Relations with China and Canada in 2017
• Update – Deadline Approaching – A Snapshot of Section 301 Duties & Your Options!
• Update! Deadline Approaching – Why Should Your Product Not Be On The 301 List!
• U.S. issues additional Chinese Tariffs – Is Your Product on the List?/ EE.UU. Emite Aranceles Adicionales a Bienes Chinos: ¿Su Producto Está En La Lista?
• Will President Trump Impose New Tariffs on Imported Vehicles?

USDA

• Bioengineered Food Labeling
• USDA Proposed Rule to Inform Consumers of GMO’s (Costing Industry 1.7 BILLION)

FDA

• FDA Issues New Guidance to Help Food Facilities Meet Registration Requirements
• FDA Takes New Steps in Oversight of Imported Foods
• FDA Announces Enforcement Discretion Under FSMA
• Food Importers – Want to Expedite Your Importations with FDA?

Export Controls

• Chinese Telecom Giant, ZTE, Faced with Largest Penalty Ever Levied
• OFAC Increases Civil Monetary Penalties

If you have any questions on the topics above, contact us at info@diaztradelaw.com

We were ranked based on following criteria:

– Google reputation and Google search ranking.

– Influence and popularity on Facebook, twitter and other social media sites.

– Quality and consistency of posts.

– Feedspot’s editorial team and expert review.

Diaz Trade Law’s President and founder, Jennifer Diaz, stated “I am thrilled Diaz Trade Law’s Customs and International Trade law blog is receiving this recognition as a top international law blog. We put forth a tremendous effort to keep our readers engaged and up to date with topics relevant to international trade and import/export law.”

Diaz Trade Law’s Customs & International Trade Law Blog made #10!

This Top International Law Blogs list is the most comprehensive list of best International Law blogs on the internet and we’re honored to be part of this! Check out the other worthy candidates.

We appreciate the honor and very much appreciate our dedicated readers!

• $54,000 Seized by CBP – $49,000 Returned to our client
• $50,800 Seized by CBP – $45,800 Returned to our client
• $31,062 Seized by CBP – $28,562 Returned to our client
• $16,334 Seized by CBP – $15,334 Returned to our client
• $37,360 Seized by CBP – $33,500 Returned to our client
• $39,000 Seized by CBP – $36,500 Returned to our client

Helpful Tips for Future Travel:

• CBP has posted detailed instructions for filling out Declaration Form 6059B.
• Our previous post lists the TOP TIPS so that you “Don’t Let Your Currency be Seized When Traveling Internationally.”

If your currency is seized, contact me immediately and I’d be pleased to help you.

The holidays are approaching… Do you intend to carry “monetary instruments” when traveling internationally? Read on, these TOP 5 Tips when carrying “monetary instruments” above $10,000 can save you a U.S. Customs Seizure Case.

Here are your top tips to assure you get it right, and you’re not screaming U.S. Customs Seized my Money, Oh No!

1. If you intend to carry over $10,000 in monetary instruments, including travelers checks and U.S. or foreign money, you MUST fill out the required form, FINCEN Form 105. Note, it is PERFECTLY acceptable to travel with currency, you JUST have to report it. Don’t be scared to do so.

2. Review U.S. Customs and Border Protection’s “Currency Reporting” flyer. Make sure you memorize what “monetary instruments” consist of:

• U.S. or foreign coins and currency;
• Travelers checks (in any form);
• Negotiable Instruments (including checks, promissory notes, and money orders – in a transferable form);
• Incomplete instruments (checks, promissory notes, and money orders) that are signed with a payees name omitted;
• Securities or stock in bearer form (in a transferable form)

3. Make sure you can explain proof of the legitimate source of the money.

4. Make sure you can explain proof of the legitimate intended use of the money.

5. Don’t divide currency for the purpose of evading reporting requirements.

• October 12, 2012 – CBP seizes $11,000 in currency from 2 time offender 
• August 28, 2012 – CBP seizes $30,000 in unreported currency
• August 13, 2012 – CBP seizes nearly $53,000 in underreported currency
• March 22, 2012 – $16,334 seized for diving currency