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305-456-3830|info@diaztradelaw.com

May 2024

Call 305-456-3830 or email info@diaztradelaw.com.

Customs and Trade News Weekly Snapshot

Here is a recap of the latest customs and international trade law news:    

Customs and Border Protection (CBP)  

  • CBP announced a new process that will allow individuals to access business confidential information in Enforce and Protect Act (EAPA) administrative proceedings. 
    • The process includes an Administrative Protective Order (APO) application where eligible parties may apply for access in cases where they are subject to the investigation.  
  • CBP hosted a Change of Command Ceremony to formally instate Africa R. Bell as Port Director for the Los Angeles/Long Beach Seaport (LA/LB). Congratulations to Africa!  
  • Counterfeit championship rings worth over $1.3 million seized by Cincinnati CBP. 
  • On June 1, 2024, CBP will retire the link to the Manufacturer ID (MID) tool in the legacy ACE Portal’s References tab. 
  • REMINDER: ACE portal modernization – broker point of contact designation requirements. Brokers must designate brokers must designate a record-keeping point of contact and outside of business hours point of contact.  

Department of Commerce  

  • Commerce is conducting a new shipper review […]
By |2024-05-31T12:57:12-04:00May 31, 2024|Snapshot|0 Comments
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Cuba Policy Shift: Administration Eases Restrictions on Small Businesses

On May 28, 2024, the Biden administration announced new measures easing restrictions on independent small businesses in Cuba. The announcement follows a recent decision by the State Department to remove Cuba from the list of countries deemed uncooperative on counterterrorism. 

The Administration criticized the Cuban government in the announcement, saying: “We know the Cuban economy is in dire straits amid recurring shortages of fuel, electricity, increasingly even food. It’s clear the communist experiment of Cuba has failed, the government is no longer able to provide for its citizens’ most basic needs.” 

The new measures implemented by the Department of Treasury’s Office of Foreign Assets Control (OFAC) include four main parts:

1. Authorized Internet-Based Services and Software.

Cuban small businesses will now be able to access additional internet-based services such as video conferencing, social media, maps, e-learning, automated translation, and other online services. 

U.S.-based entities will be allowed to provide cloud-based services to these small businesses. OFAC is also authorizing the export or reexport of Cuban-origin software and mobile applications from the United States to third countries.

2. Re-defining “Self-Employment.”

OFAC is scrapping the term “self-employed individual” and replacing it with a new term: “independent private sector entrepreneur.” The new term will still cover traditional self-employed individuals such as business owners, but it will also cover private cooperatives or small businesses that are wholly owned by such individuals. 

By |2024-05-28T17:55:27-04:00May 28, 2024|Cuba, Export, U.S. Office of Foreign Assets Control (OFAC)|0 Comments
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Customs and Trade News Weekly Snapshot

Here is a recap of the latest customs and international trade law news:        

 Customs and Border Protection (CBP)  

  • Upcoming trade outreach webinars: 
    • Explosives, Pyrotechnics, and Combustibles of Chapter 36 – Wednesday, May 29, 2024 at 1:30 p.m. EDT 
    • Note 2(b) to Section XVI – Tuesday, June 4, 2024 at 1:30 p.m. EDT 
    • What is Builders’ Joinery and Carpentry of Wood (Heading 4418) – Wednesday, June 5, 2024 at 1:30 p.m. EDT 
    • Heading 8472 – Other Office Machines – Thursday, June 13, 2024 at 1:30 p.m. EDT 
    • Raising Your Knowledge of Jacks and Lifts – Tuesday, June 18, 2024 at 1:30 p.m. EDT 
  • CBP Office of Trade National Commodity Specialist Division (NCSD) will be hosting a webinar on Tuesday, June 18, 2024, at 11:30 a.m. ET titled “Importing with Cost Certainty for Small Businesses.” The webinar will provide the NCSD’s role in the trade facilitation of small businesses importing goods into the U.S., leveraging the many benefits of CBP’s legally binding rulings program; followed by a demo of the eRulings process for requesting the Tariff classification of imported goods in advance. Register
By |2024-05-24T12:27:09-04:00May 24, 2024|Snapshot|0 Comments
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Upcoming Training: CBP Regulations: Essential Practices for Import Success 

Join us in person at the World Trade Center Miami or on Zoom! Eligible for 3 CCS continuing education credits. 

 Many mistake the ease of importing to mean there is no liability or obligation on the part of the importer. However, if you import merchandise into the U.S., you may not realize, but, you are the responsible party! That means you have a duty to exercise “reasonable care” when importing.  

 What is reasonable care? Importers must conduct themselves as a reasonable importer would under the circumstance with respect to importing prior to entering goods into the United States. They must:  

  • Meet the standard to enter, classify and determine the value of imported goods 
  • Provide other information necessary to aid U.S. Customs and Border Protection (CBP) in properly assessing duties and collecting accurate statistics 
  • Determining whether other applicable legal standards and requirements have been met 

Read more about reasonable care in our Bloomberg Law article here. 

All importers should have a plan in place to navigate merchandise descriptions & classification, product valuation, country of origin, intellectual property rights, forced labor, quotas, requirements of other agencies, and more. 

In this presentation, our speakers will discuss how to comply with CBP’s vast laws and regulations. By the end of […]

By |2024-05-17T09:23:19-04:00May 17, 2024|Import, news, Speaking|0 Comments
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Trade News: New Antidumping Case Filed Against Disposable Aluminum Containers, Pans and Trays from China

A petition was filed on May 16, 2024 seeking the imposition of antidumping duties on imports of disposable aluminum, containers, pans, and trays from China.

Full list of producers and exporters here. Full list of U.S. importers here.

The merchandise covered is disposable aluminum containers, pans, and trays produced primarily from flat- rolled aluminum. The subject merchandise includes disposable aluminum containers, pans, and trays regardless of shape or size. The covered disposable aluminum containers are typically used in food-related applications, including but not limited to food preparation, packaging, and baking.

Full scope here.

The Commerce Department will determine whether to initiate the investigations within 20 days. The USITC will reach a preliminary determination of material injury or threat of material injury within 45 days.

As with any proceeding, participation is very important to protect your rights. We urge anyone who imports disposable aluminum containers, pans, and trays to pay close attention to this case and to ensure that all appropriate steps are taken to mitigate any damage.

Diaz Trade Law will continue to monitor this case and share updates. For more information or questions get in touch with us at 305-456-3830 or info@diaztradelaw.com.

By |2024-05-16T17:07:20-04:00May 16, 2024|AD/CVD, U.S. Department of Commerce (DOC)|0 Comments
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