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!

To date, CBP has collected $87.8 billion in China 301 tariffs. If you have paid Section 301 China tariffs on Lists 3 and 4 and you have joined the landmark lawsuit demanding full refunds on these tariffs paid, it is critical that you understand the extent of China tariffs that you have paid, and proactively look out for liquidations. Proactively and comprehensively auditing your ACE import data is the first step.

Whether you are new to importing or a seasoned professional, this one-hour webinar is a must attend. Register today to hear directly from our Diaz Trade Law President Jennifer (Jen) Diaz about audit risks and duty-saving opportunities. Jen is a Chambers ranked, Board Certified International Attorney specializing in customs and international trade.

This one-hour webinar describe the benefits of Automated Commercial Environment (“ACE”) import history audits and show audience how to analyze data. ACE is a U.S. Customs and Border Protection (“CBP”) system designed to facilitate legitimate trade while enhancing border security. ACE provides a single, centralized access point for the trade community to connect with CBP and its Partner Government Agencies (“PGAs”). It is the primary system through which the trade community reports imports and exports and the government determines admissibility. The presentation will discuss services offered by DTL including the import report card.

In This Webinar You Will Learn:

• How to setup An ACE account
• What is ACE and why is it important?
• WHAT you import
• WHERE you import
• How much you import
• Determine cost saving strategies
• Determine issues with your import processes based on the data

Who Should Attend:

• Importers
• Customs Brokers
• Regulatory Affairs Professionals
• In-House Legal Counsel
• Product Development Managers
• Others Interested in Importing

This webinar is eligible for continuing education credit from the NCBFAA Educational Institute. Space is limited, registration required! Access instructions will be provided after your registration is complete. Don’t just take our word for how awesome Diaz Trade Law webinars are. Click here to see what our past attendees had to say. Be sure to join us on May 19, 2021! To register, click here. 

Whether you are new to importing or seasoned, this one-hour webinar is a must attend. Register today to hear directly from this specialized, expert trio on the “Top 10 Tips When Importing to Ensure Compliance” with real case studies:

• President and Founder of Diaz Trade Law, Jennifer (Jen) Diaz is a Chambers ranked, Board Certified International Attorney specializing in customs and international trade,
• Trade Advisor at Diaz Trade Law, Donald Woods has worked in the express delivery, freight forwarding, and logistics industries for 34 years in both imports and exports. He retired from UPS after 34 years of service as the VP, Customs & Trade Compliance for the Customs Brokerage business unit.
• Associate Attorney of Diaz Trade Law, Denise Calle assists U.S. and foreign manufacturers, distributors, and importers, with a range of import compliance, regulatory compliance, and enforcement matters involving U.S. Customs.

This one-hour webinar describes the importer’s role as the responsible party for an import transaction. Our speakers will discuss how to comply with U.S. Customs and Border Protection’s (CBP) vast laws and regulations. By the end of the webinar, you will know and understand the importance of tariff classification, customs valuation, country of origin marking, intellectual property rights and free trade agreements.

You will also learn basic customs concepts and terms like CBP Form 7501, CBP 28, CBP 29, protests, detention and seizure cases, liquidated damage claims, penalties/fines, prior disclosures, and the FP&F process. Additionally, you will learn the top 10 tips when importing to ensure compliance. This webinar will provide valuable assistance to all importers, customs brokers, and all trade professionals.

In This Webinar You Will Learn:

• Importance of CBP Rulings for Classification, Valuation and Country of Origin.
• Cost Savings practices like utilizing Free Trade Agreements.
• Importance of protecting intellectual property rights.
• Basic customs concepts and terms.
• Top tips to proactively work with your Customs Broker.
• What to do if you encounter a CBP detention and/or seizure case Learn when to submit a prior disclosure to CBP Top 10 tips when importing to ensure compliance.
• Learn key best practices and hear real life case studies.
• Learn what to do, and more importantly, what NOT to do, and what the consequences are for non-compliance.

Who should attend:

• Importers
• Customs Brokers
• Regulatory Affairs Professionals
• In-house Legal Counsel
• Product Development Managers
• Other Trade Members

This webinar is eligible for continuing education credit from the NCBFAA Educational Institute. Space is limited, registration required! Access instructions will be provided after your registration is complete. Don’t just take our word for how awesome Diaz Trade Law webinars are. Click here to see what our past attendees had to say. Be sure to join us on May 5, 2021!

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 morning kicked off with a networking breakfast where experienced and novice industry members were able to engage in meaningful dialogue about overlapping issues they experience in their respective workplaces in dealing with the topic of FSMA. We heard comments from small to large business on their current implementation strategies in place to ensure they meet FSMA requirements by FDA’s compliance dates.

The seminar promptly began at 9:00 am with introductory remarks by our own President, Jennifer Diaz. We had all attendees introduce themselves and include why this seminar was important to attend. We were glad to hear from majority of attendees that their reason for participating was to further their education on FSMA. One attendee commented, “Excited to hear from FDA about FSVP requirements and what the broker’s role is in the process.”

Next Representatives of Miami Free Zone explained their role in international business solutions as it provides users and visitors with convenient international business resources including turnkey FTZ solutions for distribution; a wholesale marketplace; an international business center environment; and premium showroom, office, and warehouse spaces. As well as providing FTZ users with flexible control over their domestic and foreign inventory, duty elimination and deferment, and high security standards for their businesses and valuable merchandise.

The first speaker was Elena O. Asturias, is a licensed U.S. Customs Broker, and Certified Customs Specialist providing customs brokerage services for imports. Elena provided top tips for custom brokers as she has been involved in logistics for over fifteen years, and has experience handling a broad range of commodities. Some helpful tips from here presentation include:

• Make sure food facilities that must be registered with the FDA pursuant to the Bioterrorism act are registered to avoid delays upon entry into the U.S.
• A major issue causing FDA to detain food products are product labeling violations
• Ensure you use correct Affirmation of Compliance (AofC) Codes
  • When the entry is filed with FDA, use AofC codes to affirm the products meets specific import requirements.
  • Depending on the product type, many AofC’s are required, and must be submitted upon time of entry.
  • The AofC is a 3 letter indicator, then the qualifier which will vary in format. In some cases no qualifier is required.
    • Examples: PFR is the code used to designate a Manufacturer Food Facility Registration Number and it’s used with a 11 digit qualifier.
      • PFR 12345678901
      • FDA Affirmation of Compliance (AofC) Code Quick Reference
• FSVP – Unique facility identifier (UFI)
  • As of May 30th, you will need to add the UFI (Unique Facility Identifier) when you transmit the entry.
  • The AofC code being added is FSV, which will require the following:
    • DUNS number (as acceptable UFI)
    • Importer name & address
    • Email address
    • If the importer doesn’t have a DUNS number yet, you can transmit UNK “unknown” temporarily.
  • ENTRY DATA TRANSMISSION PROCESS:
  •  

• ITACS
  • ITACS – Import Trade Auxiliary Communications System
  • Importers are able to see the current FDA status (as long as they have the entry number), using the ITACS system (you have the ability to monitor your shipments without having to call your broker!).

Lundy Patrick followed Mrs. Asturias’ presentation and echoed the significance of being familiar with the importation process. Mr. Patrick is Lieutenant Commander serves as a U.S. Public Health Officer assigned to the Florida District Office of the FDA as an Imports Compliance Officer.  There were questions and answers during his presentation as the attendees had submitted questions prior to the seminar.  Here are highlights from the discussion:

• Articles are expected to be in compliance AT THE TIME OF ENTRY. Therefore, you need to exercise due diligence to make sure the products you intend to import are in compliance PRIOR to the importation of the goods.
• The following food imports require Prior Notice:
  • Food imported for use, storage, or distribution in the U.S. (including gifts and trade and quality assurance/quality control and market research samples)
  • Food transshipped through the U.S. to another country
  • Food imported for future export, or food for use in a Foreign Trade Zone, unless it is on the list of exemptions
• If you fail to provide Prior Notice, the food shipment is subject to refusal and, if refused, must be held at the port of entry unless directed to another location. The importing or offering for import into the U.S. of an article of food in violation of Prior Notice requirements is a “Prohibited Act” under the laws FDA administers.
• If a food product is assigned for examination/sampling, FDA will examine and will collect samples. Historically between 1-2% get examined/sampled.
• Lieutenant Commander Patrick echoed the importance of product label compliance and stressed FDA does not pre-approve labels for food products.
• He stated that the State of Florida, the third busiest district, has had over 8,000+ detention and 2200+ Refusals and provided the top reasons for food product detentions:
  • Labeling Issues:
    • Incorrect or missing statement of identity/name of the food
    • Failure to List potential allergens
    • Failure to declare ingredients
    • Failure to bear nutrition labeling or the nutrition label is in incorrect format.
  • Most common Import Alerts the FDA sees in Florida:
    • IA 16-81 – “Detention Without Physical Examination of Seafood Products Due to the Presence of Salmonella“
    • IA 99-05 – “Detention Without Physical Examination Of Raw Agricultural Products for Pesticides”
  • If Refused Goods are sold and Cannot be Redelivered for Export / Destruction, you may face:
    • Liquidated Damages and/or 19 USC 1592 Penalties

Thereafter, Giselle Jordan took the floor to discuss the hot topic of FSMA Compliance and Foreign Supplier Verification Program. Giselle is a Consumer Safety Officer at the Division of Import Operations of FDA. In August 2016, she joined the newly established Food Safety Verification Program Team. Here are highlights from her presentation:

• Resources:
  • www.fda.gov/fsma   ß SIGN UP (there is a subscription feature available)
• FSMA Sec. 301 requires importers to have FSVPs and FDA to issue regulations.
  • The goal for FSMA is FOOD SAFETY
• Key Principles of FSVP Rule
  • Establishes explicit responsibility for importers to ensure the safety of imported food
  • Risk-based (according to types of hazards, importers, and suppliers)
  • Alignment with PC supply-chain provisions
  • Flexibility in meeting requirements (assessing activities conducted by others)

• Purpose of an FSVP
  • To provide adequate assurances that:
    • Foreign suppliers produce food using processes and procedures providing same level of public health protection as FSMA preventive controls or produce safety provisions
    • Food is not adulterated or misbranded (as it relates to allergen labeling)
  • Who Must Comply?
    • “Importer” is U.S. owner or consignee of a food at time of U.S. entry.
    • If no U.S. owner or consignee at entry, importer is U.S. agent or representative of the foreign owner or consignee, as confirmed in signed statement of consent to serve as the importer under FSVP (“FSVP Importer”).
    • Note that the responsibility for FSVP compliance lies with the FSVP Importer and the FSVP Importer can be different from the Importer of Record.
  • FSVP Exemptions
    • Firms subject to juice or seafood HACCP regulations
    • Food for research or evaluation
    • Food for personal consumption
    • Alcoholic beverages and alcoholic beverage ingredients (7%)
    • Food transshipped through U.S.
    • Food imported for processing and export
    • “U.S. foods returned”
    • Meat, poultry, and egg products subject to USDA regulation at time of importation
    • Low acid canned food facilities (microbiological hazards only)
  • Appropriate Verification Activities
    • Must document determination, performance, conduct, review and assessment of results
    • Verification activities include:
    • Onsite audits (qualified auditor), sampling and testing of the food, a review of foreign supplier relevant food safety records, other appropriate activities
  • To qualify as a “Very Small Importer”:
    • Must meet definition of a very small importer
    • Less than $1 million/yr. in human food sales
    • Less than $2.5 million/yr. in animal food sales
    • Annually documentation of eligibility
  • Compliance Dates
    • The final FSVP rule was published on November 27, 2015
    • First compliance date: May 30, 2017
    • Last compliance date: July 27, 2020
    • http://www.fda.gov/Food/GuidanceRegulation/FSMA/ucm503822.htm

Jennifer Diaz concluded the seminar with best practices for due diligence and best practices for responding to enforcement actions and FDA Notice of Action. Check out DTL’s TOP 10 TIPS for importing food products into the U.S.

For more information on how we can help you through the maze of importing and FSVP email us at info@diaztradelaw.com.

A special thanks to all our prize winner for participating during the seminar. We appreciate your involvement and interest! For pictures of the event LIKE us on Facebook.

Subscribe Today to keep up with the latest Customs and International Trade Law News.

Our next Live Broadcast webinar will be held on Wednesday, May 24, 2017 to discuss Intellectual Property Rights Violations and the U.S. Customs & Border Protections Enforcement. More information is available here.

DTL will also be at the NEI will be hosting the 3rd annual Global Trade Educational Conference held on August 7-8. NEI is bringing customs brokers, freight forwarders, NVOCCs, OTI, service providers, importers, exporters and all global logistics professionals an opportunity to update themselves on industry developments and connect with colleagues old and new. To RSVP – Read more. . .

*****This document is provided for informational purposes only and does not constitute legal advice nor does use of this constitute the formation of an attorney-client relationship.******

• Date & Time – November 12th from 9 a.m. – 12 p.m.  
• Topic – FDA and U.S. Customs Compliance Issues When Importing Food, Cosmetic, and Medical Device Products
• Location: Click Here for a Map 

• This is a must attend seminar featuring FDA’s Director of Import Operations and Maintenance, Becker & Poliakoff’s Chair of the Customs and Trade Department, and an expert Customs Broker. Learn the best practices for handling FDA entries and compliance at this practical and informative seminar from the best.  
• Hot Topics Covered will be: 
• Resources for new and experienced importers
• Use of free trade zones, including the Miami Free Zone
•  How to work best with a customs broker to expedite your shipments
• Top Reasons FDA Detains Goods (and specifics for Port of Miami!!) 
• Food, Cosmetic, and Medical device basics, FDA laws/regulations
• What you need to know about the FDA Import Process
• Best practices for due diligence and responding to enforcement actions and FDA Notices of Action

Effective, July 9, 2013, CBP advised it would start the liquidated damages phase of the Importer Security Filing (ISF) enforcement process. CBP will now make use of the newly activated cargo holds in the Automated Cargo Environment (ACE) system to address non-compliance with the ISF rule. CBP may also withhold the release or transfer of non-compliant ISF shipments at the terminal until the required ISF is filed. For carrier violations of the vessel stow plan requirement, CBP may refuse to grant a permit to unlade the merchandise. Once the ISF data is received and a security assessment is made, additional enforcement actions including a Non-Intrusive Inspection (NII) and/or intrusive exams may be initiated.

Liquidated Damages

CBP may also assess liquidated damages of up to $5,000 per violation for the submission of an inaccurate, incomplete or untimely filing. CBP Dec. 09-26 discusses “Guidelines for the Assessment and Cancellation of Claims for Liquidated Damages for Failure to Comply with the Vessel Stow Plan, Container Status Message, and Importer Security Filing Requirements.”  First violations may be mitigated to $1,000-$2,000 – depending on the presence of aggravating or mitigating factors.  Some mitigating factors for the failure to file a complete, accurate and timely ISF include evidence of progress in the implementation of ISF during the “flexible enforcement period,” small number of violations compared to number of shipments, Tier 2 and 3 CTPAT status, remedial action….  CBP has advised that “no relief will be granted if CBP determines that law enforcement goals were compromised by the violation.”  Aggravating factors include multiple errors on your ISF!  If you do receive a Liquidated Damages claim, it is important you consult with an expert to file a timely, persuasive Petition to CBP and address all relevant mitigating factors to assure you receive the maximum reduction possible.

What’s ISF Again?

The ISF rules require importers and vessel-operating carriers to provide additional advance trade data on cargo shipments to CBP 24 hours prior to vessel lading, pursuant to Section 203 of the Security and Accountability for Every Port (SAFE Port Act) of 2006.

Importers must report the following 10 data elements on each ISF:

1. Manufacturer (or supplier) name and address
2. Seller (or owner) name and address
3. Buyer (or owner) name and address
4. Ship-to name and address
5. Container stuffing location
6. Consolidator (stuffer) name and address
7. Importer of record number/foreign trade zone applicant identification number
8. Consignee number(s)
9. Country of origin
10. Commodity Harmonized Tariff Schedule (HTS) number

From the carrier, 2 data elements are required:

1. Vessel stow plan – required for arriving vessels with containers.
2. Container status messages – required for containers arriving via vessel.

Hence, 10+2!

For shipments consisting entirely of freight remaining on board (FROB) cargo or goods intended to be transported in-bond as an immediate entry or transportation and exportation entry, the following 5 data elements are required:

1. Booking party name and address
2. Ship-to name and address
3. Commodity Harmonized Tariff Schedule (HTS) number
4. Foreign Port of Unlading
5. Place of delivery

In order to avoid liquidated damages and untimely delays with your cargo, full ISF compliance is now required.  Since we’re talking compliance, do you have your pre-compliance plan established?  If not… Let’s talk!

If you have any questions on the listed requirements, need assistance with cargo detained as a result of this new enforcement phase, getting your CTPAT application in ASAP (and getting to Tier 2 quickly!), or any other compliance or enforcement question, please feel free to contact Diaz Trade Law at info@diaztradelaw.com and we would be happy to assist you!