2013 GSP Review – Extension of Petition Due Dates
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP ( David M. Murphy at dmurphy@gdlsk.com) / http://www.gdlsk.com/knowledge/298-2013-gsp-review--extension-of-petition-due-dates.html
The U.S. Trade Representative (USTR) has announced that it will extend the deadlines concerning the annual review of the products and countries subject to the Generalized System of Preferences (GSP). (See our prior notice on initiation of the review. U.S. Trade Representative Initiates 2013 GSP Review – Petition Due Dates.) The Notice extends to December 20, 2013 the deadline for submission of petitions to waive competitive need limitations (CNLs) under the GSP program, and notifies the public of the availability of import statistics for the first eight months of 2013 relating to CNLs. (Where imports of a product from a Beneficiary Development Country (BDC) imported under GSP exceed a certain value and/or percentage of imports (the CNL), the statute provides that the President should remove GSP benefits because the imports exceed the CNL. Interested parties can petition the USTR to recommend the President to issue a CNL waiver.) The Notice also states, although the USTR will receive CNL waiver petitions through December 20, 2013, the USTR will not take action regarding submitted petitions. This is because the GSP Program and it statutory authority expired on July 31, 2013. It is anticipated the review will continue if and when the GSP authority is renewed by Congress.
Interim import statistics for the first eight months of 2013 relating to CNLs are available at on the USTR website at: http://www.ustr.gov/trade-topics/trade-development/preferenceprograms/generalized-system-preferences-gsp/current-revie. The list includes the GSP-eligible articles from Beneficiary Development Countries (BDCs) that may be on track to exceed the applicable CNL thresholds and could be subject to removal from the program based on interim eight-month 2013 data. The USTR expects that full calendar-year 2013 data for individual tariff subheadings will be available in February 2014.
Importers of GSP eligible goods should review these lists to determine whether the GSP eligibility is at risk.
FTC Extends Deadline for Comments on Proposed Changes to Wool Products Labeling Rules
Federal Trade Commission / http://www.ftc.gov/opa/2013/11/woolrules.shtm
In response to requests from stakeholders, the Federal Trade Commission has extended the deadline for the public to submit comments on proposed changes to its Wool Products Labeling Rules as part of its systematic review of all current FTC rules and guides. The deadline to submit comments will be extended from November 25, 2013 to December 3, 2013.
The Wool Products Labeling Rules require that labels on wool products disclose the manufacturer’s or marketer’s name, the country where the product was processed or manufactured, and information about the fiber content.
In response to public comments the FTC received last year, the agency is proposing changes designed to clarify and update the rules, to make them more flexible, and to align them with the Commission’s proposed amendments to the Textile Rules. The proposed changes include incorporating the Wool Act’s new definitions for cashmere and very fine wools, clarifying descriptions of products containing virgin or new wool, and revising the Rules to allow certain hang-tags disclosing fiber trademarks and performance even if they do not disclose the product’s full fiber content.
The FTC first issued the Rules under the Wool Products Labeling Act of 1939, known as the Wool Act. The agency completed its last review of the Rules in 1998 and modified the Rules in 1998 and 2000. In 2006, Congress amended the Wool Act with the Wool Suit Fabric Labeling Fairness and International Standards Conforming Act, which provides that wool products identified as cashmere, or as containing very fine wools, are misbranded unless they have no more than the average fiber diameter specified in the Act
The Commission vote to extend the deadline for filing comments was 4-0. Instructions for filing comments appear in the Federal Register Notice. All comments received will be posted on the FTC’s website. (FTC File No. P124201; the staff contact is Robert M. Frisby, Bureau of Consumer Protection, 202-326-2098)
For more information, read Threading Your Way Through the Labeling Requirements Under the Textile and Wool Acts and Cachet of Cashmere: Complying with the Wool Products Labeling Act.
The Federal Trade Commission works for consumers to prevent fraudulent, deceptive, and unfair business practices and to provide information to help spot, stop, and avoid them. To file a complaint in English or Spanish, visit the FTC’s online Complaint Assistant or call 1-877-FTC-HELP (1-877-382-4357). The FTC enters complaints into Consumer Sentinel, a secure, online database available to more than 2,000 civil and criminal law enforcement agencies in the U.S. and abroad. The FTC’s website provides free information on a variety of consumer topics. Like the FTC on Facebook, follow us on Twitter, and subscribe to press releases for the latest FTC news and resources.
San Diego CBP Officers Squash Attempt to Smuggle Marijuana and Intercept $1.3 Million Worth of Heroin
U.S. Customs & Border Protection / http://www.cbp.gov/xp/cgov/newsroom/news_releases/local/11202013_5.xml
San Diego — U.S. Customs and Border Protection officers working at San Diego ports of entry Monday seized $1.3 million worth of heroin and uncovered 369 pounds of marijuana concealed inside a shipment of squash during two separate incidents.
The first incident occurred Nov. 19, shortly before 6:30 p.m., when a CBP officer at the San Ysidro port of entry referred the driver of a 1991 Chevrolet Silverado pickup for a more in-depth examination. 
During an intensive inspection that included the use of the port’s imaging system and an alert from a detector dog, officers discovered 24 wrapped packages of heroin concealed inside a hidden compartment built into the wheels of the vehicle.
The total weight of the heroin was approximately 93 pounds.
The driver, a 46-year-old Mexican citizen and resident of San Diego, was arrested for the alleged narcotic smuggling attempt and turned over to HSI agents for further processing.
The second incident occurred at about 10:00 a.m. when officers at the Otay Mesa commercial facility encountered a 2002 Freightliner tractor-trailer that entered the cargo facility carrying a manifested shipment of squash. Officers referred the truck to the dock area for a more in-depth examination.
While conducting an intensive inspection of the conveyance, CBP officers utilized the port’s imaging system and detected anomalies within the cardboard boxes of produce. Officers searched the boxes and discovered 37 wrapped packages of marijuana hidden among the squash. The marijuana has an estimated street value of $221,400.
The driver, a 29-year-old Mexican citizen and resident of Ensenada, Baja California, was turned over to the custody of Homeland Security Investigation (HSI) agents for further processing.
CBP Reminds Public Ponche Ingredients Are Prohibited From Entry
U.S. Customs & Border Protection / http://www.cbp.gov/xp/cgov/newsroom/news_releases/local/11212013_5.xml
San Diego – U.S. Customs and Border Protection officials are reminding the public that ponche ingredients, guavas, Hawthorn apples, and sugarcane are prohibited from entering the United States.
Ponche, a traditional Mexican holiday punch, is shared and enjoyed among many families along the Southwest Border during the holiday seasons. However, the ingredients used to make it, guavas (guayabas), Hawthorn apples (tejocotes) and sugar cane (caña de azucar), are all illegal when imported through a passenger port of entry, like the San Ysidro border crossing.
U.S. Customs and Border Protection officers and agriculture specialists are expecting an increase in the attempted importation of the prohibited ingredients.
CBP is advising the public that the prohibited items pose significant pest risks. Hawthorn apples or tejocotes, and especially guavas, are hosts to exotic fruit flies. According to the U.S. Department of Agriculture, Animal and Plant Health Inspection Service, fruit flies are among the most destructive pests of fruits and vegetables around the world. Fruit flies spend their larval stages feeding and growing in over 400 host plants.
Introduction of these pest species into the United States causes economic losses from destruction and spoiling of host commodities by larvae, costs associated with implementing control measures, and loss of market share due to restrictions on shipment of host commodities. Both guavas and tejocotes are prohibited under 7 CFR 319.56, and sugar cane, if imported freshly harvested, is prohibited under 7 CFR 319.15.
“I want to remind the public that these products are prohibited and failure to declare them could result in penalties,” said Pete Flores, the director of field operations in San Diego.
“CBP officers and agriculture specialists will be on the lookout for individuals attempting to import these ponche ingredients through the passenger environment and will refer vehicles for secondary inspection that are believed to be transporting these and other prohibited items.”
FDA Requires Removal of Certain Restrictions on the Diabetes Drug Avandia
Food & Drug Administration / http://www.fda.gov/NewsEvents/Newsroom/PressAnnouncements/ucm376516.htm
The U.S. Food and Drug Administration today announced it is requiring the removal of certain restrictions on prescribing and use of the diabetes drug Avandia (rosiglitazone) to reflect new information regarding the cardiovascular risk of the medicine. Today’s actions are consistent with the recommendations of expert advisory committees.
Results from the Rosiglitazone Evaluated for Cardiovascular Outcomes and Regulation of Glycemia in Diabetes (RECORD) clinical trial showed no elevated risk of heart attack or death in patients being treated with Avandia when compared to standard-of-care diabetes drugs. These data do not confirm the signal of increased risk of heart attacks that was found in a meta-analysis of clinical trials first reported in 2007.
“Our actions today reflect the most current scientific knowledge about the risks and benefits of this drug,” said Janet Woodcock, M.D., director of the FDA’s Center for Drug Evaluation and Research. “Given these new results, our level of concern is considerably reduced; thus, we are requiring the removal of certain prescribing restrictions.”
The FDA’s actions include requiring modifications to labeling about cardiovascular safety, requiring changes to the Risk Evaluation and Mitigation Strategy (REMS) program, and releasing a postmarket study requirement.
Once the changes are final, rosiglitazone’s indication for use will no longer be limited to certain patients. The FDA anticipates that the new indication will state that the drug may be used along with diet and exercise to improve control of blood sugar in patients with type 2 diabetes mellitus, an indication similar to other diabetes drugs currently available.
Once the changes to the REMS are finalized, health care professionals, pharmacists, and patients will no longer be required to enroll in the rosiglitazone REMS program to prescribe, dispense, or receive rosiglitazone medicines. Patients will also be able to receive rosiglitazone through regular retail pharmacies and mail order pharmacies.
The manufacturers of rosiglitazone drugs will be required to ensure that health care providers who are likely to prescribe rosiglitazone-containing medicines are provided training based on the current state of knowledge concerning the cardiovascular risk of these medicines.
The FDA is also releasing GlaxoSmithKline (GSK) from the postmarket requirement to conduct a clinical trial, known as Thiazolidinedione Intervention with Vitamin D Evaluation (TIDE), comparing Avandia to Actos (pioglitazone), the only other approved drug in the thiazolidinedione class, and to standard diabetes drugs. The FDA has concluded that this trial is no longer necessary or feasible.
In 2010, in response to data from a meta-analysis of placebo-controlled randomized trials that suggested an elevated risk of cardiovascular events in association with rosiglitazone use, the FDA announced it would restrict the drug to use in patients with type 2 diabetes who could not control their diabetes on other medications. The FDA also required GSK to convene an independent group of scientists to readjudicate key aspects of RECORD, which studied the cardiovascular safety of Avandia compared to standard diabetes drugs to provide clarity about the integrity of the study findings.
On June 5 and 6, 2013, the readjudicated results of RECORD, which were consistent with the original findings of the trial, were discussed at a joint meeting of the Endocrinologic and Metabolic Drugs Advisory Committee and the Drug Safety and Risk Management Advisory Committee. Committee members generally agreed that the readjudication was well conducted and provided reassurance that the original study findings were accurate. A majority of the committee members voted to recommend that the REMS for rosiglitazone be eliminated or modified to lessen restrictions to use.
In addition to Avandia, rosiglitazone is available in combination with other diabetes medications, including metformin under the brand name Avandamet and glimepiride under the brand name Avandaryl.
For more information:
The FDA, an agency within the U.S. Department of Health and Human Services, protects the public health by assuring the safety, effectiveness, and security of human and veterinary drugs, vaccines and other biological products for human use, and medical devices. The agency also is responsible for the safety and security of our nation’s food supply, cosmetics, dietary supplements, products that give off electronic radiation, and for regulating tobacco products.
International Trade Administration - PRESS RELEASES
ITA / http://www.trade.gov/press/press-releases/
11/21/13 - Commerce Finds Dumping of Imports of Silica Bricks and Shapes from the People’s Republic of China
FTC Announces National Tax Identity Theft Awareness Week, Jan. 13-17, 2014
Federal Trade Commission / http://www.ftc.gov/opa/2013/11/taxid.shtm
National and Regional Events to Raise Consumer Awareness
The Federal Trade Commission has named Jan. 13-17, 2014, Tax Identity Theft Awareness Week. The FTC will host national and regional events designed to raise awareness about tax identity theft and provide consumers with tips on how to protect themselves, and what to do if they become victims.
Accounting for more than 43 percent of the Commission’s identity theft complaints in 2012, tax identity theft was the largest category of identity theft complaints by a substantial margin. In addition, the percentage of tax ID theft complaints nearly doubled, from just over 24 percent in 2011.
“Tax identity theft is a significant and growing issue,” said Jessica Rich, Director of the FTC’s Bureau of Consumer Protection. “It’s critical that we make sure consumers are aware of how they can prevent it, and if they are victimized, what steps they can take to recover as quickly as possible.”
Events planned for the week include webinars led by FTC staff in both English and Spanish, a bilingual Twitter chat hosted by @FTC and @laFTC, and a series of regional events hosted by the FTC throughout the country with a focus on states with the highest number of tax identity theft complaints.
In addition to the FTC-hosted events, the FTC has created an array of materials for use by local and state law enforcement agencies, consumer advocates and others in creating events of their own or providing information to consumers on how to prevent, recognize and respond to tax id theft.
A schedule of events is available on the Tax Identity Theft Awareness Week webpage, along with links to planning materials and helpful information for consumers.