C-TPAT Alert: South Africa – Risk of Pilferage/Cargo Manipulation
U.S. Customs & Border Protection / http://www.cbp.gov/linkhandler/cgov/trade/cargo_security/ctpat/ctpat_partners/ctpat_alert_sa.ctt/ctpat_alert_sa.pdf
C-TPAT Alert: South Africa – Risk of Pilferage/Cargo Manipulation (pdf-438KB.)
HSI Operation Nets $700,000 in Fake NHL Goods
Homeland Securities Investigations (HSI) - U.S. Customs & Immigration Enforcement (ICE) / http://www.ice.gov/news/releases/1401/140102detroit.htm
DETROIT – U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI) seized $723,377 in fake sports merchandise after a three-month enforcement initiative targeting counterfeit National Hockey League gear and other sportswear leading up to the 2014 NHL Winter Classic events.
Working with U.S. Customs and Border Protection (CBP), HSI special agents seized 6,121 items of counterfeit NHL gear and other sportswear, $32,550.38 of which was seized in metro-Detroit with assistance provided by brand protection officers from the NHL, CBP’s Anti-Terrorism/Contraband Enforcement Unit and the Detroit Police. The effort concluded after Wednesday’s 2014 NHL Winter Classic outdoor game between the Detroit Red Wings and the Toronto Maple Leafs in Ann Arbor.
The operation, dubbed Operation Team Player, resulted in seizures of jerseys, hats, T-shirts and other souvenirs. Although most of the seized items were fake NHL merchandise, agents also seized other counterfeit professional sports merchandise. The seizures were part of a crackdown on intellectual property rights (IPR) violations leading up to the NHL Winter Classic events. Operation Team Player is an effort by the HSI-led IPR Center that targets counterfeit sports merchandise from all of the major sports leagues.
"Around every major sports event in this country, we always see a sharp spike in counterfeit merchandise as criminal groups try to exploit the enthusiasm of fans," said Marlon Miller, special agent in charge of HSI Detroit. "They use inferior materials to pump out look-alikes that do not benefit the teams, the players or the associations that have trademarked these goods. Counterfeiting hurts the consumer, it hurts business and it costs American jobs."
"The interagency collaboration for the 2014 NHL Winter Classic truly exemplified our ability to protect the American consumer," said Christopher Perry, director of field operations for CBP. "Our partnership with HSI and other agencies gives us pride in being part of the team that stops counterfeit and pirated goods that steal revenue from legitimate businesses and shortchange buyers who think they’re getting the real deal."
"The NHL very much appreciates the efforts of HSI, and CBP to protect NHL fans from being victimized by counterfeiters and to ensure that legitimate businesses playing by the rules will not be harmed by these illicit activities," said Tom Prochnow, group vice president, legal and business affairs for the NHL.
As the largest investigative arm of the Department of Homeland Security, HSI plays a leading role in targeting criminal organizations responsible for producing, smuggling, and distributing counterfeit products. HSI focuses not only on keeping counterfeit products off U.S. streets, but also on dismantling the criminal organizations behind this activity.
The HSI-led IPR Center is one of the U.S. government's key weapons in the fight against criminal counterfeiting and piracy. Working in close coordination with the Department of Justice Task Force on Intellectual Property, the IPR Center uses the expertise of its 21 member agencies to share information, develop initiatives, coordinate enforcement actions and conduct investigations related to intellectual property theft. Through this strategic interagency partnership, the IPR Center protects the public's health and safety and the U.S. economy.
FTC Approves Final Orders Settling Charges that Three Companies Made Misleading and Unsubstantiated Biodegradeability Claims for Their Plastic Products
Federal Trade Commission / http://www.cbp.gov/xp/cgov/border_security/port_activities/cargo_exam/cargo_examinations.xml
Following a public comment period, the Federal Trade Commission has approved three final orders settling charges that Clear Choice Housewares, Inc.; Carnie Cap, Inc.; and MacNeill Engineering Company, doing business as CHAMP, violated the FTC Act by misrepresenting that plastic products they sell that are treated with additives are: 1) biodegradable, 2) biodegradable in a landfill, 3) biodegradable in a certain timeframe, or 4) scientifically shown to be biodegradable in a landfill, or that various scientific tests prove their biodegradability claims. The FTC also alleged that the companies lacked a reliable scientific basis to back up any of these claims.
Under the FTC’s orders, first announced in October, the companies are prohibited from making biodegradability claims unless the representations are true and supported by competent and reliable scientific evidence. The companies must have evidence that the entire plastic product will completely decompose into elements found in nature within one year after customary disposal (defined as disposal in a landfill, incinerator, or recycling facility) before making any unqualified biodegradable claim.
In order to make qualified claims, the companies must state the time required for complete biodegradation in a landfill or the time to degrade in a disposal environment near where consumers who buy the product live. Alternatively, the companies may state the rate and extent of degradation in a landfill or other disposal facility accompanied by an additional disclosure that the stated rate and extent do not mean that the product will continue to decompose or decompose completely.
The Commission vote approving the final orders was 4-0 in each case. (FTC File Nos. 122-3288, 122-3290, and 122-3292; the staff contact is Katherine Johnson, Bureau of Consumer Protection, 202-326-2185)
ANNOUNCEMENTS - ITA / OTEXA
International Trade Administration - OTEXA / http://otexa.ita.doc.gov/
1/06/14 USTR request for public comments on foreign countries' acts, policies, and practices relevant to the 2014 Special 301 Annual Review by February 7th. A public hearing is scheduled on February 24th
USITC Makes Determinations in Five-Year (Sunset) Reviews Concerning Certain Off-The-Road Tires from China
United States International Trade Commission / http://www.usitc.gov/press_room/news_release/2014/er0106mm1.htm?source=govdelivery&utm_medium=email&utm_source=govdelivery
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping and countervailing duty orders on certain off-the-road tires from China would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.
As a result of the Commission's affirmative determinations, the existing orders on imports of these products from China will remain in place.
All six Commissioners voted in the affirmative.
Today's action comes under the five-year (sunset) review process required by the Uruguay Round Agreements Act. See the attached page for background on these five-year (sunset) reviews.
The Commission's public report Certain Off-the-Road Tires from China (Inv. Nos. 701-TA-448 and 731-TA-1117 (Review), USITC Publication 4448, January 2014) will contain the views of the Commission and information developed during the reviews.
Copies may be requested after February 5, 2014, by emailing pubrequest@usitc.gov, calling 202-205-2000, or writing to the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Requests may be made by fax at 202-205-2104.
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BACKGROUND
The Uruguay Round Agreements Act requires the Department of Commerce to revoke an antidumping or countervailing duty order, or terminate a suspension agreement, after five years unless the Department of Commerce and the USITC determine that revoking the order or terminating the suspension agreement would be likely to lead to continuation or recurrence of dumping or subsidies (Commerce) and of material injury (USITC) within a reasonably foreseeable time.
The Commission's institution notice in five-year reviews requests that interested parties file responses with the Commission concerning the likely effects of revoking the order under review as well as other information. Generally within 95 days from institution, the Commission will determine whether the responses it has received reflect an adequate or inadequate level of interest in a full review. If responses to the USITC's notice of institution are adequate, or if other circumstances warrant a full review, the Commission conducts a full review, which includes a public hearing and issuance of questionnaires.
The Commission generally does not hold a hearing or conduct further investigative activities in expedited reviews. Commissioners base their injury determination in expedited reviews on the facts available, including the Commission's prior injury and review determinations, responses received to its notice of institution, data collected by staff in connection with the review, and information provided by the Department of Commerce.
The five-year (sunset) reviews concerning Certain Off-the-Road Tires from China were instituted on August 1, 2013.
On November 20, 2013, the Commission voted to conduct expedited reviews. All six Commissioners concluded that the domestic group response for these reviews was adequate and the respondent group responses were inadequate and voted for expedited reviews.
A record of the Commission's votes to conduct expedited reviews is available from the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Requests may be made by telephone by calling 202-205-1802.
USITC Makes Determinations in Five-Year (Sunset) Reviews Concerning Raw Flexible Magnets from China and Taiwan
United States International Trade Commmission / http://www.usitc.gov/press_room/news_release/2014/er0106mm2.htm?source=govdelivery&utm_medium=email&utm_source=govdelivery
The U.S. International Trade Commission (USITC) today determined that revoking the existing countervailing duty order on raw flexible magnets from China and the existing antidumping duty orders on these products from China and Taiwan would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.
As a result of the Commission's affirmative determination, the existing orders on imports of these products from China and Taiwan will remain in place.
All six Commissioners voted in the affirmative.
Today's action comes under the five-year (sunset) review process required by the Uruguay Round Agreements Act. See the attached page for background on these five-year (sunset) reviews.
The Commission's public report Raw Flexible Magnets from China and Taiwan (Inv. Nos. 701-TA-452 and 731-TA-1129-1130 (Review), USITC Publication 4449, January 2014) will contain the views of the Commission and information developed during the reviews.
China Crushes Illegal Ivory
U.S. Fish & Wildlife / http://www.fws.gov/home/feature/2013/Director-Statement-China-Ivory-Crush.pdf
January 6, 2013
The Service commends the government of the People's Republic of China for destroying more than six tons of illegal elephant ivory in the city of Guangzhou, Guangdong Province. China today joins the United States, Kenya, Gabon and the Philippines, which have destroyed their illegal ivory, in this fight to save African elephants from poachers and the illegal ivory trade. France also plans to destroy its illegal elephant ivory this year.
Director's Statement
More Information
Tennessee Men Plead Guilty to Illegally Trafficking Narwhal Tusks
U.S. Department of Justice / http://www.justice.gov/opa/pr/2014/January/14-enrd-012.html
Jay G. Conrad, of Lakeland, Tenn., pleaded guilty today in the District of Maine to conspiring to illegally import and traffic narwhal tusks, conspiring to launder money, and illegally trafficking narwhal tusks, announced Robert G. Dreher, Acting Assistant Attorney General for the Environment and Natural Resources Division. A plea agreement was also unsealed today in which Eddie T. Dunn, of Eads, Tenn., pleaded guilty in the District of Alaska to conspiring to illegally traffic, and trafficking, narwhal tusks.
According to the plea agreements, beginning in approximately 2003, Dunn and Conrad partnered to buy more than 100 narwhal tusks from a Canadian resident who each knew had illegally imported the tusks from Canada into Maine. After receiving the tusks in Tennessee, Dunn and Conrad marketed and sold the tusks using a combination of internet sales via the “Ebay” auction website and direct sales to known buyers and collectors of ivory. Buyers were located throughout the United States, including in Alaska and Washington. Throughout the conspiracy, Dunn and Conrad made payments to the Canadian supplier for the narwhal tusks by sending the payment to a mailing address in Bangor, Maine, or directly to the supplier in Canada. The payments allowed the Canadian supplier to purchase and re-supply Dunn and Conrad with more narwhal tusks that they could then re-sell. Dunn sold approximately $1.1 million worth of narwhal tusks and Conrad sold between $400,000 and $1 million worth of narwhal tusks as members of the conspiracy.
“In this conspiracy, Dunn and Conrad flouted U.S. law and international agreements that protect marine mammals like the narwhal from commercial exploitation,” said Acting Assistant Attorney General Dreher. “If left unchecked, this illegal trade has the potential to irreparably harm the species. The Justice Department will continue to investigate and prosecute wildlife traffickers in order to protect these species for future generations to enjoy.”
“The cooperation between Service and NOAA investigators and between the United States and Canada that led to these prosecutions reflects the type of partnerships needed to protect narwhals and other species worldwide from wildlife trafficking,” said William C. Woody, Assistant Director for Law Enforcement for the U.S. Fish and Wildlife Service.
“NOAA OLE takes the unlawful importation of protected marine mammals very seriously,” said NOAA-Office of Law Enforcement Special Agent in Charge Logan Gregory. “NOAA OLE will continue to investigate those who unlawfully import marine mammal products and profit from marine protected species such as the narwhal.”
“This investigation uncovered and dismantled a wildlife trafficking network that spanned from New Brunswick to Tennessee and reached as far as Alaska,” said Karen Loeffler, U.S. Attorney for the District of Alaska. “The results reached demonstrate the close cooperation between the United States and Canada and their law enforcement officers whose duty it is to investigate, stop and deter those who illegally target diminishing wildlife resources and do so for commercial gain.”
A narwhal is a medium-sized whale with an extremely long tusk that projects from its upper left jaw. Narwhals are marine mammals protected by the Marine Mammal Protection Act and are listed on Appendix II of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). It is illegal to import parts of marine mammals into the United States without the requisite permits/certifications, and without declaring the merchandise at the time of importation to U.S. Customs and the U.S. Fish and Wildlife Service. Narwhal tusks are commonly collected for display purposes and can fetch large sums of money.
Dunn is scheduled to be sentenced by U.S. District Judge Ralph R. Beistline in the District of Alaska on March 20, 2014. The maximum penalty Dunn faces for conspiring to illegally traffic, and trafficking, narwhal tusks is five years of incarceration and a fine of $250,000. The maximum penalty Conrad faces for conspiring to illegally import and illegally traffic narwhal tusks, conspiring to commit money laundering crimes and illegally trafficking narwhal tusks is twenty years of incarceration and a fine of $250,000. The trial of Co-defendant Andrew J. Zarauskas is set to begin in Bangor, Maine, on February 4, 2014. Co-defendant Gregory R. Logan is pending extradition from Canada to the District of Maine.
These cases are part of Operation Nanook, a multi-agency effort to detect, deter and prosecute those engaged in the unlawful trafficking of narwhal tusks. The cases were investigated by agents from National Oceanic and Atmospheric Administration - Office of Law Enforcement and the U.S. Fish and Wildlife Service - Office of Law Enforcement, with extensive support and collaboration from Environment Canada, Wildlife Enforcement. The cases are being prosecuted by Trial Attorney Todd S. Mikolop of the Justice Department’s Environmental Crimes Section of the Environment and Natural Resources Division and Assistant U.S. Attorney Steven E. Skrocki of the District of Alaska.