Customer Service Advisory: POLA and POLB Marine Terminal Gate Schedule for Monday Jan. 20 (MLK Holiday)
PierPASS / http://pierpass.org/2014/01/16/customer-service-advisory-pola-and-polb-marine-terminal-gate-schedule-for-monday-jan-20-mlk-holiday/
Marine terminal gates at the Port of Los Angeles and the Port of Long Beach will operate on a holiday schedule on Monday, Jan. 20, for the observance of Martin Luther King, Jr. Day.
Please click here to view the terminal gate schedule.
HSI Seizes Nearly $2 Million in Counterfeit Goods from Nashville
Homeland Securities Investigations (HSI) - U.S. Customs & Immigration Enforcement (ICE) / http://www.ice.gov/news/releases/1401/140109nashville.htm
NASHVILLE, Tenn. – U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI) in coordination with the Metropolitan Nashville Police Department seized thousands of counterfeit items worth a total manufacturer’s suggested retail price of more than $1.8 million from Legends Clothing Store on Bell Road Tuesday.
The seized items include counterfeit designer clothing and handbags bearing the trademarks of Chanel, Gucci, Louis Vuitton, Michael Kors, Nike and Ralph Lauren. Investigators also seized counterfeit National Football League, National Basketball Association and Major League Baseball sportswear.
"Criminals who sell counterfeit products are economic parasites who harm legitimate businesses that pay taxes, create jobs and support our national economy," said Special Agent in Charge of HSI New Orleans Raymond R. Parmer Jr. "Anyone who thinks counterfeiting is a victimless crime should realize the profits of these black-market sales are routinely diverted to support further criminal activity such as drug trafficking, money laundering and even potential terrorism."
Parmer oversees a five-state area of responsibility including Tennessee, Alabama, Arkansas, Louisiana and Mississippi.
In addition to seizing counterfeit goods from the premises, HSI and Nashville Police also seized approximately $18,000 in proceeds from the sale of counterfeit goods from a bank account affiliated with the store.
These seizures were part of Operation Team Player. Team Player is a National Intellectual Property Rights Coordination Center (IPR Center)-led initiative that targets the sale and trafficking of counterfeit sports merchandise and apparel, a multimillion dollar criminal industry. The trafficking of these items is a lucrative business for criminals and becomes more profitable in markets involving successful and popular teams. The culmination of the sports season, all-star games and playoffs are events that especially stimulate the sale of counterfeit items in local communities around the country.
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.
For more information on the IPR Center please visit www.IPRCenter.gov.
HSI encourages the public to report intellectual property rights violations and related information by calling at 1-866-DHS-2ICE or by visiting www.ICE.gov/tips.
CBP Seizes 78 Pounds of Cocaine inside Container
U.S. Customs & Border Protection / http://www.cbp.gov/xp/cgov/newsroom/news_releases/local/01142014_5.xml
San Juan, Puerto Rico — U.S. Customs and Border Protection (CBP) officers seized Monday 78 pounds (35.5 kilos) of cocaine inside a container at the San Juan seaport.
During the inspection of containers arriving on the M/V Caribbean Fantasy ferry arriving from Santo Domingo, CBP officers selected a container for secondary scrutiny. Upon examination with the use of non-intrusive equipment, they identified anomalies within the container. Inside they found a large duffle bag, which contained 30 bricks that later tested positive for cocaine.
“Smuggling organizations try to conceal their loads by any means possible and use many venues to avoid detection from law enforcement,” stated Juan Hurtado, San Juan area port director. “Our officers remain vigilant managing all risk factors to deter these smuggling attempts.”
The estimated value of the seized cocaine is $850,000.
CBP Officers contacted U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) special agents, who responded and took custody of the seized narcotics. The HSI investigation is ongoing.
USITC Makes Determination in Five-Year (Sunset) Review Concerning Non-Malleable Cast Iron Pipe Fittings from China
United States International Trade Commission / http://www.usitc.gov/press_room/news_release/2014/er0116mm1.htm
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty order on non-malleable cast iron pipe fittings 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 determination, the existing order 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 this five-year (sunset) review.
The Commission's public report Non-Malleable Cast Iron Pipe Fittings from China (Inv. No. 731-TA-990 (Second Review), USITC Publication 4450, January 2014) will contain the views of the Commission and information developed during the reviews.
Copies may be requested after February 19, 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) review concerning Non-Malleable Cast Iron Pipe Fittings from China was instituted on July 1, 2013.
On October 21, 2013, the Commission voted to conduct an expedited review. Chairman Irving A. Williamson and Commissioners Shara L. Aranoff, Dean A. Pinkert, David S. Johanson and Meredith M. Broadbent concluded that the domestic group response for this review was adequate and the respondent group response was inadequate and voted for an expedited review. Commissioner F. Scott Kieff did not participate in the adequacy determination in this review.
USITC Institutes Section 337 Investigation of Certain Acousto-Magnetic Electronic Article Surveillance Systems, Components thereof, and Products Containing Same
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) has voted to institute an investigation of certain acousto-magnetic electronic article surveillance systems, components thereof, and products containing same. The products at issue in this investigation are used in retail stores to deter the theft of merchandise.
The investigation is based on a complaint filed by Tyco Fire & Security GmbH of Neuhausen am Rheinfall, Switzerland; Sensormatic Electronics, LLC, of Boca Raton, FL; and Tyco Integrated Security, LLC, of Boca Raton, FL, on December 11, 2013. A letter supplementing the complaint was filed on December 23, 2013. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain acousto-magnetic electronic article surveillance systems, components thereof, and products containing same that infringe patents asserted by the complainants. The complainants request that the USITC issue a general (or limited) exclusion order and cease and desist orders.
The USITC has identified the following as respondents in this investigation:
Ningbo Signatronic Technologies, Ltd., of Ningbo, China;
All-Tag Security Americas, Inc., of Boca Raton, FL;
All-Tag Security Hong Kong Co., Ltd., of Tsuen Wan N.T., Hong Kong;
All-Tag Europe SPRL of Brussels, Belgium;
All-Tag Security UK, Ltd., of Cheshire, United Kingdom;
Best Security Industries of Delray Beach, FL; and
Signatronic Corporation of Boca Raton, FL.
By instituting this investigation (337-TA-904), the USITC has not yet made any decision on the merits of the case. The USITC's Chief Administrative Law Judge will assign the case to one of the USITC's administrative law judges (ALJ), who will schedule and hold an evidentiary hearing. The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.
The USITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation. USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.
CPSC Approves New Federal Safety Standard for Infant Bedside Sleepers
Consumer Product Safety Commission / http://www.cpsc.gov/en/Newsroom/News-Releases/2014/New-Infant-Bedside-Sleeper-Standard-Approved/
WASHINGTON, D.C. – To prevent deaths and injuries to children, the U.S. Consumer Product Safety Commission (CPSC) has approved a new federal mandatory standard to improve the safety of bedside sleepers. The Commission voted unanimously (3 to 0) January 8, 2014.
A bedside sleeper is a bassinet-type product that is secured to an adult bed, has fabric or hard sides and may have a lower side adjacent to the adult mattress. A bedside sleeper is intended to provide a sleeping environment for an infant up to approximately 5 months of age or when a child begins to push up on his or her hands and knees.
The new federal standard incorporates by reference, the voluntary standard (ASTM F2906-13), Standard Consumer Safety Specification for Bedside Sleepers, and requires bedside sleepers to comply with recent modifications required for bassinets in federal standard 16 C.F.R. part 1218. The new bedside sleeper federal standard also includes two recent modifications to the ASTM voluntary standard to address fabric-sided enclosed opening entrapment hazards and consumer misassembly when components are missing.
CPSC has received a total of 27 product-related safety incident reports associated with bedside sleepers dating from January 2001 to May 2013. These incident reports include four fatalities that occurred between 2007 and 2009, which were associated with fabric-sided openings on the products.
The effective date for the mandatory bedside sleeper standard is 6 months after the final rule is published in the Federal Register.
The Commission is required by The Danny Keysar Child Product Safety Notification Act, Section 104(b) of the Consumer Product Safety Improvement Act of 2008 (CPSIA), to issue consumer product safety standards for durable infant or toddler products. In the past 5 years, the Commission has approved new stringent federal safety standards for children’s products, including full-size cribs, non-full-size cribs, play yards, baby walkers, baby bath seats, children’s portable bed rails, toddler beds, infant swings, bassinets and cradles, and hand-held infant carriers.
Apple Inc. Will Provide Full Consumer Refunds of At Least $32.5 Million to Settle FTC Complaint It Charged for Kids’ In-App Purchases Without Parental Consent
U.S. Federal Trade Commission / http://www.ftc.gov/news-events/press-releases/2014/01/apple-inc-will-provide-full-consumer-refunds-least-325-million
Company Also Will Modify its Billing Practices Under FTC Settlement
Apple Inc. has agreed to provide full refunds to consumers, paying a minimum of $32.5 million, to settle a Federal Trade Commission complaint that the company billed consumers for millions of dollars of charges incurred by children in kids’ mobile apps without their parents’ consent.
Under the terms of the settlement with the FTC, Apple also will be required to change its billing practices to ensure that it has obtained express, informed consent from consumers before charging them for items sold in mobile apps.
“This settlement is a victory for consumers harmed by Apple’s unfair billing, and a signal to the business community: whether you’re doing business in the mobile arena or the mall down the street, fundamental consumer protections apply,” said FTC Chairwoman Edith Ramirez. “You cannot charge consumers for purchases they did not authorize.
The FTC’s complaint alleges that Apple violated the FTC Act by failing to tell parents that by entering a password they were approving a single in-app purchase and also 15 minutes of additional unlimited purchases their children could make without further action by the parent.
Apple offers many kids’ apps in its App Store that allow users to incur charges within the apps. Many of these charges are for virtual items or currency used in playing a game. These charges generally range from 99 cents to $99.99 per in-app charge.
The complaint alleges that Apple does not inform account holders that entering their password will open a 15-minute window in which children can incur unlimited charges with no further action from the account holder. In addition, according to the complaint, Apple has often presented a screen with a prompt for a parent to enter his or her password in a kids’ app without explaining to the account holder that password entry would finalize any purchase at all.
The rapidly expanding mobile arena has been a focus of the Commission’s consumer protection efforts. In addition to its consumer protection enforcement activity in the mobile sphere, last year, the FTC issued staff reports addressing mobile payments and providing recommendations for the mobile industry on how to protect consumers as new and innovative payment systems come into use, advocating improved privacy disclosures in the mobile environment, and addressing advertising disclosures in the context of mobile devices.
In its complaint, the FTC notes that Apple received at least tens of thousands of complaints about unauthorized in-app purchases by children. One consumer reported that her daughter had spent $2,600 in the app “Tap Pet Hotel,” and other consumers reported unauthorized purchases by children totaling more than $500 in the apps “Dragon Story” and “Tiny Zoo Friends.” According to the complaint, consumers have reported millions of dollars in unauthorized charges to Apple.
The settlement requires Apple to modify its billing practices to ensure that Apple obtains consumers’ express, informed consent prior to billing them for in-app charges, and that if the company gets consumers’ consent for future charges, consumers must have the option to withdraw their consent at any time. Apple must make these changes no later than March 31, 2014.
Under the settlement, Apple will be required to provide full refunds, totaling a minimum of $32.5 million, to consumers who were billed for in-app charges that were incurred by children and were either accidental or not authorized by the consumer. Apple must make these refunds promptly, upon request from an account holder. Apple is required to give notice of the availability of refunds to all consumers charged for in-app charges with instructions on how to obtain a refund for unauthorized purchases by kids. Should Apple issue less than $32.5 million in refunds to consumers within the 12 months after the settlement becomes final, the company must remit the balance to the Commission.
The Commission vote to accept the consent agreement package containing the proposed consent order for public comment was 3-1, with Commissioner Wright voting no. Chairwoman Ramirez and Commissioner Brill issued a joint statement, and Commissioner Ohlhausen issued a separate statement. Commissioner Wright issued a dissenting statement.
The FTC will publish a description of the consent agreement package in the Federal Register shortly. The agreement will be subject to public comment for 30 days, beginning today and continuing through Feb. 14, 2014, after which the Commission will decide whether to make the proposed consent order final. Interested parties can submit written comments electronically or in paper form by following the instructions in the “Invitation To Comment” part of the “Supplementary Information” section. Comments in electronic form should be submitted online by following the instructions on the web-based form. Comments in paper form should be mailed or delivered to: Federal Trade Commission, Office of the Secretary, Room H-113, 600 Pennsylvania Avenue, N.W., Washington, DC 20580. The FTC is requesting that any comment filed in paper form near the end of the public comment period be sent by courier or overnight service, if possible, because U.S. postal mail in the Washington area and at the Commission is subject to delay due to heightened security precautions.