News

This morning the Laredo Field Office held a conference call to advise the trade community of the status of CBP operations at the trade facilities in the Laredo District.

(a)ADFO Armando Taboada, Jr. informed that all operations remain normal, with no planned shutdowns or closures. Please download this file for hours of operations.

Laredo Field Office Hours Operation

CEE Director Juan J. Porras did indicate that center personnel are teleworking, that the fastest way to communicate with an Import Specialist would be via email. You can find their contact information at https://www.cbp.gov/trade/centers-excellence-and-expertise-information/cee-directory

Weekly calls will be held to update the trade, if necessary more frequent calls could be scheduled.

Additional Information on Human Drugs

Since January 24, the FDA has been in touch with more than 180 manufacturers of human drugs, not only to remind them of applicable legal requirements for notifying the FDA of any anticipated supply disruptions, but also asking them to evaluate their entire supply chain, including active pharmaceutical ingredients (the main ingredient in the drug and part that produces the intended effects, e.g., acetaminophen) and other components manufactured in China.

Also, as part of our efforts, the FDA has identified about 20 other drugs, which solely source their active pharmaceutical ingredients or finished drug products from China. We have been in contact with those firms to assess whether they face any drug shortage risks due to the outbreak. None of these firms have reported any shortage to date. Also, these drugs are considered non-critical drugs.

Food

We are not aware of any reports at this time of human illnesses that suggest COVID-19 can be transmitted by food or food packaging. However, it is always important to follow good hygiene practices (i.e., wash hands and surfaces often, separate raw meat from other foods, cook to the right temperature, and refrigerate foods promptly) when handling or preparing foods.

Thompson, Coe, Cousins & Irons, L.L.P.

Attorneys and Counselors

Brian Hensley

Austin Dallas Houston Los Angeles New Orleans Saint Paul

February 18, 2020

Baldemar Garcia, Jr.

Person Whitworth Borchers & Morales, LLP

602 East Calton Road, 2nd Floor
Laredo, Texas 78041

Re: Cause No. 2019CVK002390D1; Arturo Dominguez v. Raul S. Villarreal et al.;In the 49th Judicial District Court, Webb County,Texas County, Texas.

Dear Baldemar:

Pursuant to Texas Rule of Civil Procedure 11, this letter is written to memorialize our clients' agreement announced to the Court on January 8, 2020 in the above referenced case. This written agreement includes additional details not announced to the Court, but subsequently negotiated and agreed to by our clients.

Prior to the conclusion of the hearing on Plaintiff's Motion for Temporary Injunction and before any rulings from Judge Lopez, and in exchange for the agreements announced on the record and in this correspondence, Plaintiff Arturo Dominguez agreed to dismiss with prejudice his lawsuit including all his claims for declaratory and injunctive relief against Raul Villarreal. Mr. Dominguez's dismissal also terminated the injunctive relief in the December 3, 2019 Temporary Restraining Order; allowing the Laredo Licensed U.S. Custom Brokers Association ("LLUSCBA") to resume work on behalf of LLUSCBA members. While the parties continue to disagree regarding several issues regarding the legitimacy of the nomination and election process for the 2020-2021 LLUSCBA Officers and Board of Directors, these issues will be resolved outside of litigation and in accordance with the LLUSCBA Bylaws. Specifically, the parties agreed to the following material terms:

1. Pursuant to Article VI, Section 5 of the Bylaws, Mr. Dominguez will deliver a written request for a special meeting signed by ten Members in good standing to LLUSCBA President Monica Salinas. The stated purpose of the special meeting will be for the members to vote on the following: Whether the previously elected Board should resign, namely,

The Bylaws of the association intend a two-year term for the Officers and Board of Directors and there is no provision for early removal from office. In any event, the Officers and Board of directors proudly serve at the pleasure of the members. In this respect, the Officers and Board of directors have agreed to resign if a majority of the members present at the special meeting vote for their resignation. Should the Officers and Board of directors resign, it would create an unprecedented vacancy that would create the need for an election to fill the vacant Board seats.

The officers and directors identified above may nonetheless be nominated as candidates for the new election of officers and Board of Directors.

2. It is understood and agreed if voted on by a majority of the members present at the special meeting, the current Board's resignation would become effective at the time of the election to enable LLUSCBA to continue to function and conduct business between the special meeting and new election.

3. All LLUSCBA members in good standing and eligible to vote in October 2019 will be permitted to vote at the special meeting.

4. Members will only be permitted to vote at the special meeting in-person, no proxy votes shall be accepted. No email voting will be allowed. Further, because the Bylaws do not address whether a quorum is necessary for a special meeting, no quorum will be required for the special meeting.

5. The ballots will be bates stamped to ensure the number of ballots cast matches the number of eligible votes in attendance.

6. Each party will be entitled to present their arguments for and against the resignation of the current Board and whether a new election should be held.

7. The parties can campaign and solicit support for their position prior to the special meeting, but campaigning by e-mail is specifically prohibited.

8. If the members present at the special meeting vote in favor of board resignation, creating a vacancy and the need for an election of 2020-2021 Board of Directors, the election and nomination procedures will be scheduled at a later date.

It is expressly understood and agreed that Mr. Dominguez's prior attempted request for a special meeting "to vote if we have a new election or not", served on the Board on January 15, 2020 was not a valid request as it was made prematurely and prior to finalizing the written agreement between the parties. It is further agreed that the prior attempted request for a special meeting shall not serve as grounds for any claim or suit against the Association, Board or individual Board members.

Upon execution of this Agreement, Mr. Dominguez shall send the Board a request for a special meeting signed by ten Members in good standing with the stated purpose as stated in Paragraph 1 of the material terms above.

If the above accurately sets forth the parties' agreement, please sign where indicated below and return a copy of the signed letter to me for my file. If I have somehow misstated our agreement, please contact me immediately to discuss,

Laredo College is grateful to partner up with the Laredo Licensed U.S. Customs Brokers Association and the Texas Workforce Commission to provide online personal business and skills development certifications to better prepare local business owners, their employees and those interested in international trade. This generous donation will help individuals succeed in the field and contribute to our city's growth.

☎️For more information, contact EDC at 721-5110.

U.S. Customs and Border Protection

News Release

Jan. 27, 2020

Contact: CBP Public Affairs

Rick Pauza, 956-523-7384,
Elias Rodriguez, 956-547-5743

Randy J. Howe is Named DFO for Laredo Field Office, Succeeds DFO David P. Higgerson (ret.) and Interim DFO Rose Brophy

 

LAREDO, Texas –U.S. Customs and Border Protection announced today that Randy J. Howe, formerly the Executive Director, Office of Field Operations, for U.S. Customs and Border Protection has entered on duty as Director, Field Operations for Laredo Field Office. Howe succeeds DFO David P. Higgerson, who retired after 49+ years of federal service. Buffalo DFO Rose Brophy had served as DFO since November and covered the interim period.

“The Laredo Field Office is an important, large and distinguished field office that leads the nation in innovative approaches to enhance border security and trade facilitation envisioned and implemented by DFO Higgerson and his team. It also processes the largest amount of commercial truck traffic nationwide. I plan to tour the Laredo Field Office area of responsibility, meet our employees and apply experience gained from the Northern Border, Pre-Clearance and the national operations perspective to further advance and implement our strategic mission,” DFO Howe said.

As Director of Field Operations for Laredo Field Office, Howe oversees the operations of eight ports of entry extending from Brownsville, Texas to Del Rio, Texas. The Laredo Field Office processes the largest amount of land-based commercial truck traffic in the United States with more than $178 billion in merchandise entering in FY2018 through the 23 crossings, six airports and one seaport which comprise the eight ports of entry.

In addition, in FY2018, CBP officers seized 101,509 pounds of narcotics valued at $243.5 million while processing over 3.5 million commercial trucks, 21 million privately-owned vehicles, 58 million passengers and pedestrians and 69,594 buses within the Laredo Field Office.

Randy J. Howe is a member of the Senior Executive Service who previously served as the Executive Director of Operations at U.S. Customs and Border Protection (CBP) Headquarters. As Executive Director of Operations, he oversaw 20 major field offices, 328 ports of entry, and 16 Preclearance stations in Canada, Ireland, the Middle East, and the Caribbean. Prior to the Executive Director position, he served as Director of Field Operations, Preclearance, where he directed the Preclearance Field Office encompassing 16 locations in Canada, the Bahamas, Aruba, Bermuda, Ireland, and the United Arab Emirates. In this role, Mr. Howe led the Department of Homeland Security’s efforts to expand air Preclearance to additional locations in multiple countries, including South America, the Caribbean, Mexico, Japan, and Europe.

From 2014-2015, Mr. Howe served as the Director of Field Operations for the Buffalo Field Office, where he led port of entry operations in upstate and western New York. He has been proactively involved in CBP's extended border strategy through his work on Phase II of the Beyond the Border Cargo Pre-Inspection Pilot to test the feasibility of reducing wait times and congestion, and to facilitate legitimate trade, by conducting CBP commercial truck primary inspection in Canada.

Mr. Howe began his career in 1988 with the U.S. Immigration and Naturalization Service in San Diego, California. During his 32 years of federal service, he has held various leadership positions, including Buffalo Area Port Director, where he was responsible for all Office of Field Operations activities in Buffalo, Rochester, Syracuse, and Binghamton, New York; Assistant Director for Border Security; and Border Security Coordinator.

Mr. Howe graduated from Niagara University in Lewiston, New York, and holds a Bachelor of Science in criminal justice.

-CBP-

U.S. Customs and Border Protection is the unified border agency within the Department of Homeland Security charged with the management, control and protection of our nation's borders at and between official ports of entry. CBP is charged with keeping terrorists and terrorist weapons out of the country while enforcing hundreds of U.S. laws.

Rick Pauza
Public Affairs Officer
Office of Public Affairs-Media Division
U.S. Customs and Border Protection
Laredo, TX
956-523-7384
richard.j.pauza@cbp.dhs.gov

l, Enrique Gonzalez, acting nominating committee chair at the request of Rodolfo Delgado, certify that together; at the request of the candidates with Mr. Jose D. Gonzalez in representation of Arturo Dominguez and Ms. Sonia Villarreal representing Monica Salinas did count the ballots submitted to The Laredo Licensed U.S. Customs Brokers Association (LLUSCBA) for the election of officers and directors for 2020 lo 2O2L. The ballots were counted at the LLUSCBA office located on the Laredo College campus and the process was begun at approximately 9:30 AM and was completed at approximately 11:45 AM. The ballots were reviewed one by one and all ballots were taken into consideration. One ballot was disqualified because it was submitted by an entity not yet a member of the association and another was refused because of late submission.

All ballots and tally sheets are saved at the LLUSCBA office.

The results of the count are as follows:

President
Monica Salinas 56
Arturo Dominguez 32

Vice President
Bo Burge 60
Eduardo Lozano 26

Treasurer
Jose (Joe) D. Martinez 57
Rafael Orduna 27

Secretary
Juan David Gonzalez 57
Marina Rodriguez 27

Board Members
Olga Cantu 59
Dalia Moncivais 55
Victor Gonzalez 62

Alonso Gonzalez 24
Gloria Annalie Miravete 26
Oscar Fernandez 25

Good Morning All,
2020 Holidays for Mexican Customs at World Trade Bridge Laredo, TX.

Annual Permit Fee Reminder: 2020 annual user fee of $147.89, which is assessed for each permit held by broker, whether it may be an individual, partnership, association, or corporation is due by close of business January 31, 2020.

The annual permit user fee and annual national permit fee for calendar year 2020 is $147.89.  See  Federal Register Notice 2019-25753.  The payment is due for each permit held. A district permit and a national permit would necessarily require payment of $295.78.  Three district permits and a national permit would necessarily require payment of $591.56 in calendar year 2020.  Permit due dates and the associated fees are generally announced in the Federal Register annually between November and January.

Payment is presented where the local permit was issued. For permits issued in Laredo, TX please take payment to cashier's office at World Trade Bridge.

Thompson, Coe, Cousins & Irons, L.L.P.

Attorneys and Counselors

Brian Hensley

Austin Dallas Houston Los Angeles New Orleans Saint Paul

December 27, 2019

Monica Salinas
President, LLUSCBA
Raul S. Villarreal
Chairman, LLUSCBA
1 W End Washington St. P3
Laredo, TX 78040

Re: Arturo Dominguez v. Raul S. Villarreal, President, Laredo Licensed U.S. Customs Brokers Association, Inc. and International Bank of Commerce, Laredo, Texas; Cause No. 2019-CVK-002390-D1; In the 49th District Court of Webb County, Texas.

Dear Ms. Salinas and Mr. Villarreal:

          Thompson Coe has been retained by your insurance company USLI to represent the Laredo Licensed U.S. Customs Brokers Association, Inc. and Raul S. Villarreal in connection with the above matter. Although not a named party, USLI retained this firm to represent the interests of the Laredo Licensed U.S. Customs Brokers Association, Inc. (hereinafter “LLUSCBA” or the “Association”) as the injunctive relief sought in Mr. Dominguez’s petition directly and adversely impacts LLUSCBA. Thompson Coe’s representation is limited to the specific matter described. We have not been retained, and expressly disclaim any obligation, to provide business, services, representation or advice regarding any other matter not identified in this paragraph. This agreement will govern any subsequent engagements between the parties unless a separate agreement is executed.

A. FACTS FORMING THE BASIS OF THIS LAWSUIT

          The lawsuit brought by Arturo Dominguez arises out of his allegations that the Association and in particular, Raul Villarreal, violated the LLUSCBA bylaws in the nomination and election of its current board. It is important to point out that Mr. Dominguez did not complain or challenge the nomination or election process until after he submitted his nominations past the deadline. Though not entirely clear from his pleading, Mr. Dominguez seems to assert the following actions constituted a violation of the Association’s bylaws:

1. Nomination deadline at close of business on August 30, 2019 – Mr. Dominguez asserts that because ballots are to be sent to members thirty (30) days prior to the annual meeting and election, requiring nominations on or before August 30, 2019 (sixty days before the election) constituted a violation of the bylaws. Notwithstanding this assertion, Article VIII, Section 2 of the bylaws require the nominating Committee file its report of nominations for the officers of the Association to the Secretary who in turn shall deliver the ballot with a proxy form to each regular member “not later than 30 days prior to the annual meeting.” The bylaws do not provide a deadline or timeline for when nominations must be submitted to the nomination committee. We understand the Nominating Committee Chairperson, Rodolfo Delgado, requested the nomination deadline to provide himself sufficient time to certify the nominees were qualified and prepare his report to the Secretary. Nothing in the bylaws prohibits the nomination deadline.

2. Nominations by Slate – Mr. Dominguez also asserts that requiring nominations by slate violated the bylaws. He theorizes that because the bylaws do not specifically call for nominations by slate, doing so constitutes a violation. The bylaws are silent as to how nominations shall be submitted. While the bylaws govern the Association and Article VIII specifically governs elections, the bylaws are not designed to govern every procedure and policy utilized by the Association to conduct business in accordance with its bylaws. If this were the case, the bylaws would be hundreds of pages detailing every action of the Association. A policy or procedure of the Association not specifically addressed in the bylaws does not constitute a violation of the same.

3. Mr. Dominguez’s nominations received after the deadline – Mr. Dominguez admits he failed to provide his nominations by the close of business, August 30, 2019 deadline, however, he argues that the rejection of his nominations by the Nomination Committee as untimely violated the bylaws. We find no support for this argument in the bylaws.

4. Voting by e-mail – Mr. Dominguez argues that allowing members to submit votes by e-mail and not casting votes in person at the annual meeting violated the bylaws. The bylaws do not prohibit voting by e-mail nor do they require votes be cast in person at the annual meeting. Instead, the bylaws provide “the Officers and Directors . . . shall be elected prior to the annual meeting or any adjournment thereof.” See Art. VIII, Section 1 (emphasis added). Mr. Dominguez continues to take the position that if not specifically elaborated in the bylaws, the procedure is not allowed. What his petition fails to address is the bylaws do not specifically state that ballots must be cast in person or at the annual meeting. The bylaws only provide that the officers and directors shall be elected prior to the annual meeting or any adjournment thereof. Accepting votes by email before the annual election did not violate the bylaws. Moreover, the Association has received votes by e-mail for the last four (4) election cycles. This only became an issue with Mr. Dominguez this year after he failed to timely provide his nomination slate.

5. Special Meeting to hold new election – Finally, Mr. Dominguez complains that Raul Villarreal ignored his request to call a special meeting and hold a new election. The purpose enumerated in his request, to void the election and hold a new election, is not an action contemplated by the bylaws. The bylaws call for a single election every two (2) years to elect officers and directors. That election was completed on October 30, 2019. To allow a “re-do” of the election because Mr. Dominguez did not agree with the results would not only violate the bylaws, but also set an unmanageable precedent for the Association moving forward.

B. CLAIMS ASSERTED AND RELIEF SOUGHT

          Arturo Dominguez filed a lawsuit against Raul Villarreal and the International Bank of Commerce, Laredo, Texas (“IBC”) seeking declaratory relief and injunctive relief. Mr. Dominguez requests the Court to construe the bylaws of the LLUSCBA and declare the nomination and election of 2020-2021 officers void. Mr. Dominguez further requests the Court declare the 2020-2021 officers are not authorized to act on behalf of the Association or access and spend its funds.

          Within hours of filing his petition and without providing Mr. Villarreal or the Association an opportunity to respond or participate at the hearing, Mr. Dominguez sought and obtained an ex parte Temporary Restraining Order (“TRO”) which for all practical matters prohibits the Association, its officers or Mr. Villarreal from conducting LLUSCBA business. Specifically, the TRO prohibits the Association, its officers and Mr. Villarreal from:

1. Withdrawing or spending any funds of the LLUSCBA on deposit at IBC or any other financial institution;

2. Entering into any contracts on behalf of the LLUSCBA;

3. Transacting any business on behalf of the LLUSCBA; and

4. Representing the interests of the LLUSCBA.

          A strict interpretation of the Restraining Order prohibits the Association from paying its employee; paying monthly operating costs (rent, internet service); monitoring and providing vital notifications to the Members’ custom brokers businesses; and planning and preparing for scheduled seminars and industry related activities.

          Unless Mr. Dominguez agrees to withdraw or otherwise modify the TRO’s prohibitions, they will remain in effect until State District Judge Joe Lopez hears this matter on January 7, 2020 at 9:00 a.m. in the 49th Judicial District Courtroom located at the Webb County Justice Center, 1110 Victoria St., Suite 304, Laredo, Texas 78040. At the January 7, 2020 hearing, Judge Lopez will decide whether the TRO should be turned into a Temporary Injunction through the pendency of this litigation; whether the restrictions should be lifted; or whether the restrictions should be modified. While we are confident the law and the bylaws favor the Association, please understand the possibility exists that the Judge could grant a Temporary Injunction that prohibits the Association from conducting its business through the pendency of this litigation. Surprisingly, Mr. Dominguez named only Mr. Villarreal in his lawsuit, however, all of the relief he requests and the potential harm that will result impacts the Association directly.

C. SCOPE OF REPRESENTATION

          Thompson Coe will use its available resources to represent you. I will have overall responsibility for this representation. Generally, we try to assign responsibilities and tasks based on the degree of experience and expertise required for a particular project or aspect of a matter. We may also utilize our paralegals and other support staff as needed. In doing so, we strive to handle your representation in a manner that is as efficient and economical as possible. Designation of the persons who will work on the matter is at the sole discretion of Thompson Coe, although Thompson Coe agrees to make reasonable attempts to satisfy your preferences.

D. CONFIDENTIALITY

          All communications between you and Thompson Coe are strictly confidential. Throughout the course of our representation, we will be analyzing and reporting all material information to both you and to USLI, unless you instruct us otherwise.

E. NO GUARANTEE OF OUTCOME OR SUCCESS

          Because the outcome of any contested legal proceeding, dispute or negotiation is inherently unpredictable, Thompson Coe makes no representations or warranties as to the outcome of this matter. Any expressions on our part concerning the probable outcome of this matter will reflect our best professional judgment. However, any such expressions are not guarantees, and are limited by our knowledge of the facts and based on the state of the law at the time they are expressed.

F. COOPERATION OF CLIENT(S)

          To enable us to provide effective representation, you agree to: (1) disclose to Thompson Coe, fully and accurately and on a timely basis, all facts and documents that are or might be material or that we may request; (2) apprise Thompson Coe on a timely basis of all developments relating to the representation that are or might be material; (3) attend meetings, conferences, and other proceedings as necessary; (4) inform us of any changes in your address or other contact information; and (5) otherwise cooperate fully with us.

G. TERMINATION OF REPRESENTATION

          You may terminate Thompson Coe’s representation at any time, with or without cause, by notifying us, however you should consult with USLI before doing so as it may affect rights under your insurance policy.

          The ethical rules governing attorneys either require or allow us to withdraw from representing you in certain circumstances, including but not limited to your non-payment of fees or expenses, your misrepresentation of or failure to disclose material facts, actions contrary to our advice, and conflicts of interest with another client. If our withdrawal becomes necessary, we will give you reasonable notice under the circumstances. If we elect to withdraw, you agree to cooperate with us by executing any documents necessary to evidence the termination of our representation, in court or otherwise.

H. DOCUMENT RETENTION POLICY

          Thompson Coe’s current policy, which is subject to change without notice, is that when our engagement on a matter concludes, we close the file, send it to off-site storage, hold it for five years, and then have it destroyed. If you wish to take possession of any portion of the file belonging to you before its destruction, please notify us in writing and we will send that portion to you. We presently intend, but are not required, to send you a letter reminding you of this policy when the matter is concluded.

I. GOVERNING LAW

          Except as otherwise stated herein, this agreement shall be construed under and in accordance with the laws of the State of Texas. All obligations to the parties are performable in the State of Texas.

          We look forward to representing you in this matter. Finally, please let me know if you have any questions or concerns whatsoever about the forgoing terms or our representation in this matter.

Sincerely,

Brian Hensley
Contract Partner

Click on file names to download and view documents:

2019.12.03 Temporary Restraining Order.pdf

2019.12.03 Plaintiff's Original Petition and Application for Temporary Restraining Order.pdf

2019.12.03 Verification and Affidavit in Support of Application for Temporary Restraining Order.pdf

2019.12.12 Extended TRO.pdf

Effective January 1, 2020, two sugar HTS have been discontinued and replaced.

1701.14.1000 (raw sugar) is discontinued and replaced with 1701.14.1020 and 1701.14.1040.

1701.99.5010 (specialty sugar) is discontinued and replaced with 1701.99.5015 and 1701.99.5017

HTS Code	Action	Effective Date
1701.14.1000	Annotated (transferred to 1701.14.1020 and 1701.14.1040).	2020/01/01
1701.14.1020	Established (transferred from 1701.14.1000 (pt.)).	2020/01/01
1701.14.1040	Established (transferred from 1701.14.1000 (pt.)).	2020/01/01
1701.99.5010	Discontinued (transferred to 1701.99.5015 and 1701.99.5017).	2020/01/01
1701.99.5015	Established (transferred from 1701.99.5010 (pt.)).	2020/01/01
1701.99.5017	Established (transferred from 1701.99.5010 (pt.)).	2020/01/01

 Questions regarding this update may be sent to HQQUOTA@cbp.dhs.gov