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Your Customs & International Trade Law Expert
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FDA's New Target, FTZs, E-Commerce, Pre-Compliance & more... NEWSLETTER - September 2016!
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TRENDING @ DTL:
- Article: Why Pre-Compliance is a Must
- Article: FDA Targets Vending Machine Operators
- Video Spotlight: Pre-Compliance - How to Avoid Customs Issues BEFORE You Start Importing
Around Town with DTL:
- Customized training on "Doing Business with Cuba" provided to employees and customers in the private sector.
- "The Economic Benefits of a Foreign Trade Zone" presented at PortMiami, September 7, 2016
- "Challenges and Opportunities in Cross-border E–Commerce" discussed at the U.S.-Mexico Logistics & Supply Chain Leader Summit, September 8, 2016
- Global Ties Miami: Women's Entrepreneurship Discussion Panel, September 13, 2016
- “The ABC’S of Customs Seizures – PLUS Top 10 Tips to Ensure Import Compliance” provided at OWIT's Webinar, September 14, 2016
Upcoming Events:
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WHY PRE-COMPLIANCE IS A MUST
If the thought of monetary penalties, shipment delays, detentions or seizures of merchandise keep you up at night, then this article is for you. First, it’s quite easy to establish a U.S. company, pick (what you hope is) a terrific customs broker, file Form 5106 with U.S. Customs and Border Protection (CBP) to request your importer number, pick a surety (there are many, your broker will likely sway you to their favorite) and WALLAH! Right? Wrong. No one sits you down during this process to say, wait, importing can be great, but, this is also a LOT of responsibility. Your company (and SOMETIMES even YOU) have liability and a burden when importing. This article will walk you through YOUR burden as an importer, how CBP can question your imports, and how penalties can ensue and what you should be doing about it, in advance!
Importer’s Burden
The best resource (when you’re ready to read 211 pages) is the “Importing into the U.S.” “A Guide for Commercial Importers” by CBP (last revision in 2006). The guide discusses the Trade Act of 2002 and the Customs Modernization Act (the “Mod Act”) and the responsibilities that came to fruition for importers as a result. A key feature of the Mod Act is a “relationship between CBP and importers that is characterized by informed compliance”. What this means is now there is a shared responsibility between CBP and the import community, wherein CBP communicates its requirements to the importer, and the importer, in turn, uses “reasonable care” to assure that CBP is provided with accurate and timely data. Bottom line, no “reasonable care” = BIG problem. I developed the TOP 10 TIPS When Importing to alert importers to “reasonable care” requirements and top items to think about, and ensure you have a plan to comply with.
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FDA Targets Vending Machine Operators
Since April 2008, pursuant to New York City Health Code Section 81.50, all Starbucks (and many other restaurants) in New York City have been required to display the calories of each of the menu items. A subsequent study found that this mandatory calorie posting influenced consumers in NYC, causing average calories per transaction to drop by 6%. The study also found that calorie posting did not cause any significant change in Starbucks’ overall revenue.
Now, owners and operators of vending machines across the U.S. are next. Back in December of 2014, the Food and Drug Administration (FDA) issued a final rule entitled “Food Labeling: Calorie Labeling of Articles of Food in Vending Machines”. This rule is codified at 21 CFR 101.8, and requires vending machine operators who own or operate twenty (20) or more vending machines, or who voluntarily register with FDA to be covered, to declare calories for those vending machine foods for which the Nutrition Facts label cannot be examined before purchase or for which visible nutrition information is not otherwise provided at the point of purchase. According to the December 2014 final rule, covered vending machine operators must comply by December 1, 2016.
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How to Avoid Problems Before You Start Importing
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DTL's Jennifer Diaz provided a customized training program on "Doing Business with Cuba."
To find out more about scheduling your own customized training program click here.
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MIAMI, FL. September 7, 2016 -- DTL's Jennifer Diaz was invited by PortMiami to speak to SOIR members about the substantial economical benefits of a Foreign Trade Zone (FTZ).
Interested in learning about the benefits of an FTZ? Read this article or contact our office TODAY!
Testimonials from the event:
- "Excellent presentation. Very informative!"
- "Thanks for a very succinct and informative presentation."
- "You are awesome! That was quick and great meeting you and hope to work with you soon!!"
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U.S. Mexico Logistics & Supply Chain
Leader Summit
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MIAMI, FL. September 8, 2016 - During the
U.S.-Mexico Logistics & Supply Chain Leader Summit, Jennifer Diaz moderated a panel discussion on the
Challenges
and
Opportunities in Cross-border E–Commerce. Attendees were taught:
- How and why “E-Commerce” is radically changing the face of the global supply chain.
- The specific challenges faced by industry members
- The role of logistics in the “E-Commerce” operations
- How “E-Commerce” companies are currently dealing with the different tax and duties structures and challenges faced at custom facilities.
- Opportunities for U.S. companies in Mexico
- What volume of work is done through “E-Commerce”
- How Guarantees And Merchandise Returns Inhibit Cross Border “E-Commerce” and how to address these issues.
Testimonials from the event:
- "Excellent job as moderator, the best of the event."
- "Congrats on a well run panel!"
Be sure to stay tuned for the next one!
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Global Ties Miami: Women's Entrepreneurship Discussion Panel
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Miami, FL. September 13, 2016 -- Jennifer Diaz was ecstatic to participate in Global Ties Miami's Women's Entrepreneurship Discussion Panel with other female entrepreneurs from the local community and distinguished visitors from Africa! This event provided visitors a unique opportunity to view global and domestic issues from an American perspective by introducing them to local leaders in business, education, government and civic endeavors.
Testimonials from the event:
- "Many thanks Jennifer. it was great learning from you."
- "Thank you very much for making contact! The workshop was inspiring and so informative."
- "It was a great experience. Your encouragement impacted my life positively."
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OWIT Webinar:
The ABC’S of Customs Seizures – PLUS Top 10 Tips to Ensure Import Compliance
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MIAMI, FL. September 14, 2016 -- Your Customs Expert had the pleasure to discuss IPR Seizures in the United States to attendees at the Organization of Women in International Trade (OWIT) webinar. Did you know that In FY 2015, 28,865 seizures were for underlying Intellectual Property Rights (IPR) violations? The MSRP of the goods seized was $1,352,495,341!
Attendees were taught:
- A review of U.S. Customs and Border Protection (CBP).
- Importance of protecting your Intellectual Property Rights
- IPR Seizure Statistics
- The ins and outs about the “detention” and “seizure” process Customs enforcement and penalties, and how to avoid them!
Testimonials from the event:
- "Your presentation was excellent and you covered so much useful and interesting information very fast but still very understandable. I loved the quizzes to keep people engaged."
- "I really appreciated your presentation and information shared."
- "Thank you for the wonderful presentation today. This was very insightful and interesting, I thoroughly enjoyed it."
- "Thank you for the presentation on the ABC of Seizures and Import Compliance. That was a very worthwhile presentation."
Listen to the interactive webinar HERE. Search for past OWIT webinars HERE.
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FLORIDA INTERNATIONAL TRADE AND CULTURAL EXPO
On October 19, 2016, Jennifer Diaz will be featured as a panelist at the FITCE on a panel entitled “How to Import into the U.S.A.” Over 150 international businesses, 350 local businesses, multi-cultural global trade representatives from over 30 countries and government leaders from around the globe will participate in the the 2016 Florida International Trade and Cultural Export.
Why should you attend?
- Sell your products and services to international businesses from over 30 countries around the globe!
- Meet international delegations, consulates, trade commissioners and bi-national chambers at Doing Business World (World Expo)
- Learn about the 11 Steps to Exporting, How to Import, Get Financing and more!
COST: FREE ADMISSION - Limited attendance.
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NCBFAA Webinar:
Handling a CBP Form 28
On November 10, 2016, from 12:00 pm to 1:00 p.m. EST, Learn more from Jen Diaz of Diaz Trade Law about what to say to CBP when in receipt of a CBP Form 28 to help mitigate potential enforcement action!
At ports of entry all over the United States, CBP Import Specialists are issuing CBP Form 28 entitled “Request for Information” to importers demanding responses to question about the importer’s use of “reasonable care” in classification, valuation, country of origin, and use of duty preference programs for merchandise upon entry to the U.S. A Request for Information form may be the first step for CBP to discover violations committed by an importer. Unsatisfactory responses from an importer will lead the CBP officer to issue a Notice of Action, also known as Customs Form 29, and will result in a demand payment of serious penalties.
Who should attend
- Individuals and Small Businesses
- Custom brokers
- Importers
- Logistics Users
- Supply Chain Managers
- Customs Attorneys
- Law Firms
- Tax Advisors
What will you learn:
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Cypress Creek Rotary Club:
“Cuba”
On November 29, 2016, from 12:00 pm to 1:15 p.m. EST, Jennifer Diaz will speak to members about International Customs & Trade Law at a very interesting time with Cuba.
What members will learn:
- Cuba Update
- Background on trade with Cuba
- U.S. Federal Agencies Involved
- Summary of Changes
- What’s legal NOW?
- Major Impacts to Business
- Top Tips!
- and Resources
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