Utility Candles Final Scope Ruling
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP / http://www.gdlsk.com/firm-news/303-utility-candles-final-scope-ruling.html
The Department of Commerce (“the Department”) recently issued a Final Scope Ruling clarifying the utility candle exclusion to the Antidumping Order on petroleum wax candles from the People’s Republic of China.
The utility candle exclusion provides for a category of candles that fall outside the scope of the Order and, in turn, are not subject to antidumping duties. The utility candle exclusion had previously been stated as “Those candles known variously as ‘household candles,’ ‘emergency candles,’ or ‘utility candles,’ which are typically white in color, 5 inches long, .75 inch in diameter, and come in packs of two or more.” This definition was thought to be vague, and lacked guidance as to what “typically” means. Subsequently, the Department of Commerce clarified what constitutes a utility candle within the meaning of the exclusion expressed in the scope language.
The Department ruled that the physical characteristics of utility candles are as follows:
• 3.5 inches through 5 inches in height;
• ¾ inches in diameter;
• white in color; and
• unscented.
Additionally, the Department stated that the expectation of the ultimate purchaser is for the candles to be economical, plain, white, unscented, and have a “significant amount of burn time.” Although “significant amount of burn time” was not explicitly defined in the ruling, the footnotes to the ruling suggest that 3-6 hours of burn time is “significant.” Furthermore, the Department stated the ultimate use of the product “is for home or commercial use” (ie: power outages) - the candles are not used for keeping food warm.
Most significantly, the Department ruled that it will rely soley on the three aforementioned factors (physical characteristics, expectation of the ultimate purchasers, and ultimate use of the product) in determining what a utility candle is. The Department did not subscribe to the notion that the candles must be labeled “utility candles” in order to satisfy the exclusion. Rather, the Department noted that utility candles are “often packaged and labeled as Sabbath, church, vigil, and/or ‘General Use’ candles.” How the candles are marketed, advertised, displayed and sold will not preclude the candles from satisfying the utility candle exclusion.
The Department provided time for comment on its Preliminary Scope Ruling, and has now confirmed that its clarification is final.
Trade Advisory Committee Embraces President's Executive Order to Speed Exports, Imports
U.S. Customs & Border Protection / http://www.cbp.gov/xp/cgov/newsroom/highlights/coac_exec_order.xml
There was a spirit of pride when members of the Advisory Committee on Commercial Operations of Customs and Border Protection, also known as COAC, met in the nation’s capital last Thursday, a day after President Obama signed an executive order to streamline the U.S. export/import process.
“The executive order is extremely important. It puts the spotlight on trade. It really is in line with our agenda,” said CBP Acting Commissioner Thomas S. Winkowski, who co-chaired the proceedings with Timothy Skud, the deputy assistant secretary of tax, trade, and tariff policy for the U.S. Department of the Treasury. The Acting Commissioner acknowledged that CBP, the COAC, trade associations, and the national security staff had all worked hard to lay the groundwork for the executive order.
The directive, which aims to reduce processing and approval times from days to minutes for small businesses that export American-made goods and services, calls for the completion of the International Trade Data System by December 2016. Currently, U.S. businesses must submit information to dozens of government agencies, often on paper forms, sometimes waiting for days to move goods across the border.
When the new information system is complete, businesses will be able to electronically transmit, through a single window, the data required by the U.S. government to import or export cargo. The new electronic system will speed up export shipments of American-made goods, eliminate duplicative and burdensome paperwork, and increase the efficiency of the government.
“I believe this will result in lower transaction costs,” said Acting Commissioner Winkowski. “If we are going to be competitive in the world’s markets, we need to reduce transaction costs and increase predictability of shipments, which is very important to our stakeholders. So we are excited and proud that the president signed an executive order.”
Skud, who has been instrumental in leading the government’s effort to build the International Trade Data System, noted that tremendous progress had been made during the past 12 to 18 months. “The executive order is going to ensure that the progress that we’ve been making will continue and that the International Trade Data System will be completed on schedule,” he said.
The directive also requires the government to partner with non-government entities to build more efficient business processes and improve border management policies. Similarly, the order tasks the Border Interagency Executive Council, made up of senior executives from U.S. federal agencies, with improving coordination among the dozens of agencies with import and export requirements and with outside stakeholders.
“The council has been in place for some time and we have now been able to have it codified,” said Acting Commissioner Winkowski.
The Acting Commissioner also gave an update on the confirmation status of Richard G. Kerlikowske, who was nominated to be the next commissioner of CBP. In January, Mr. Kerlikowske, the current director of the Office of National Drug Control Policy, addressed the Senate Finance Committee. “The hearing went very well and Mr. Kerlikowske was voted out of committee,” said Acting Commissioner Winkowski, who explained that the next step was a full Senate vote. “We’re all looking forward to a new commissioner,” he said.
The Acting Commissioner also spoke about CBP’s budget. “Many key areas were funded. I think for us the most important piece was hiring 2,000 additional CBP officers. Seven hundred officers will be added in fiscal year 2014 and 1,300 officers in fiscal year 2015. That’s huge,” he said. “We’ve also received full funding for ACE, which is very, very good news.” ACE, the Automated Commercial Environment, is CBP’s cargo processing system and the technology backbone for the International Trade Data System.
Speaking on behalf of the COAC, Ted Sherman, director of global trade services for Target Corp. and the advisory committee’s co-chair, outlined the path forward in 2014. “We’re going to continue to focus on advocating and providing advice for the development of a whole of government approach,” said Sherman. “Those concepts are embodied in the master principles for a One U.S. Government at the Border document for exports that we’re going to bring forth today, which really builds on the work of the last COAC,” he said.
Sherman noted that “there is a growing awareness of the fact that the U.S. government trade community can play a leadership role in removing barriers in trade facilitation, not only in the U.S., but on a global basis,” he said. “To be effective, it continues to be critical that CBP engage COAC early and often, not just on operational issues, but on a strategic level,” he said.
COAC recommendations were presented and passed regarding several trade initiatives including regulatory audit programs, Air Cargo Advanced Screening regulations, trusted trader pilots, and ACE.
COAC is a 20-member advisory committee that Congress established in 1987. The committee provides advice and recommendations to CBP and the Department of the Treasury on the commercial operations of CBP and trade-related interdepartmental functions. Some of the issues that COAC focuses on include enhanced border and supply chain security, international efforts to harmonize customs practices and procedures, import safety, compliance, and modernization and automation processes used to facilitate trade.
The next COAC meeting is scheduled to be held in Washington, D.C. in May.
Change Batteries in Smoke and CO Alarms When Moving Clocks One Hour Forward This Weekend
U.S. Consumer Product Safety Commission / http://www.cpsc.gov/en/Newsroom/News-Releases/2014/Change-Batteries-in-Smoke-and-CO-Alarms-When-Moving-Clocks-One-Hour-Forward-This-Weekend/
WASHINGTON, D.C. – Do you have smoke and carbon monoxide alarms in your home? Are they working? Sunday, March 9, marks the beginning of Daylight Saving Time in the United States. The U.S. Consumer Product Safety Commission (CPSC) urges consumers to take the time to replace batteries in smoke and carbon monoxide alarms when turning clocks forward this weekend. Make it an annual habit. This habit could save your life.
Working smoke and CO alarms, which means having fresh batteries, adds an important layer of safety to your home. According to the National Fire Protection Association (NFPA), two-thirds of fire deaths occur in homes without working smoke alarms. There are more than 362,000 home fires every year and more than 2,200 people die in them, according to CPSC’s latest Residential Fire Loss Estimates report.
Batteries in battery-powered alarms need to be replaced every year. In addition, CPSC recommends that consumers test their alarms every month to make sure they are working. Smoke alarms should be placed on every level of the home, inside each bedroom, and outside sleeping areas.
Although more than 90 percent of U.S. homes report having at least one working smoke alarm, only 42 percent report having a working CO alarm, based on 2011 U.S. Census Bureau data. CO alarms can alert you and your family to dangerous levels of carbon monoxide inside your home.
According to the Centers for Disease Control and Prevention (CDC), more than 400 people die each year in the United States from CO poisoning.
Carbon monoxide is called the invisible killer, because you cannot see or smell it. This poisonous gas can come from many sources, including cars, furnaces and portable generators, and can quickly incapacitate and kill its victims.
Put CO alarms on every level of the home and outside sleeping areas. Like smoke alarms, CO alarms need fresh batteries every year. CO alarms also should be tested once a month to make sure they are working.
The U.S. Consumer Product Safety Commission is charged with protecting the public from unreasonable risks of injury or death associated with the use of thousands of types of consumer products under the agency’s jurisdiction. Deaths, injuries, and property damage from consumer product incidents cost the nation more than $1 trillion annually. CPSC is committed to protecting consumers and families from products that pose a fire, electrical, chemical or mechanical hazard. CPSC's work to help ensure the safety of consumer products - such as toys, cribs, power tools, cigarette lighters and household chemicals -– contributed to a decline in the rate of deaths and injuries associated with consumer products over the past 40 years.
Federal law bars any person from selling products subject to a publicly-announced voluntary recall by a manufacturer or a mandatory recall ordered by the Commission.
Liquid Methamphetamine, Cocaine and Heroin Seized by CBP
U.S. Customs & Border Protection / http://www.cbp.gov/xp/cgov/newsroom/news_releases/local/03032014.xml
El Paso, Texas - U.S. Customs and Border Protection officers and U.S. Border Patrol agents working at the El Paso port of entry made multiple drug seizures this weekend. The most notable included a vehicle with several gallons of liquid methamphetamine in the fuel tank and another car that had large amounts of cocaine and heroin concealed in the engine compartment.
“These are all sizeable and significant drug loads,” said Hector Mancha, CBP El Paso Port Director. “Anytime you stop multiple-pound loads of methamphetamine, cocaine and heroin you are having an impact.”
The methamphetamine seizure was made at 10:30 a.m. Sunday at the Ysleta international crossing. CBP officers and Border Patrol agents were conducting an enforcement sweep of vehicles waiting in line to enter the U.S. when CBP drug sniffing dog “Shake” alerted to a 1999 Ford Explorer in the line. CBP officers and Border Patrol agents examined the vehicle and noticed a number of discrepancies in the appearance of the underside of the SUV. A CBP officer used a fiber optic scope to examine the inside of the fuel tank and spotted a non-factory wall inside the tank. The vehicle was scanned with the Z-Portal x-ray system which also showed an anomaly in the fuel tank.
The fuel tank was removed and CBP personnel noted that half the tank was filled with a thick brown and pink shaded liquid. The contents of that portion of the fuel tank tested positive for methamphetamine. The estimated weight of the fuel tank containing the liquid methamphetamine was approximately 129 pounds.
CBP officers arrested the driver of the vehicle. He is identified as 52-year-old Gerardo Diaz Cerda of Ciudad Juarez, Mexico. He was turned over to U.S. Immigration and Customs Enforcement Homeland Security Investigations special agents to face charges associated with the failed smuggling attempt.
The cocaine and heroin seizure was made at 7:15 p.m. Saturday at the Paso Del Norte international crossing. CBP officers and Border Patrol agents were conducting an enforcement sweep of vehicles waiting in line to enter the U.S. when CBP drug sniffing dog “Doky” alerted to a 2002 Jeep Liberty in the line. A CBP officer examined the engine compartment and noticed that the battery contained multiple tape-wrapped bundles. The vehicle was moved to the secondary inspection area where a Z-Portal x-ray scan also showed anomalies. CBP personnel continued their exam and located a total of seven bundles in the car battery and under the vehicle’s air filter. Five bundles contained 7.5 pounds of heroin while two bundles were filled with 2.6 pounds of cocaine.
CBP officers arrested the driver of the vehicle. He is identified as 27-year-old Omar Eduardo Vega Salas of Chihuahua City, Mexico. He was turned over to U.S. Immigration and Customs Enforcement Homeland Security Investigations special agents to face charges associated with the failed smuggling attempt.
While anti-terrorism is the primary mission of U.S. Customs and Border Protection, the inspection process at the ports of entry associated with this mission results in impressive numbers of enforcement actions in all categories.
Busting Myths about the FAA and Unmanned Aircraft
Federal Trade Administration / http://www.faa.gov/news/updates/?newsId=76240
There are a lot of misconceptions and misinformation about unmanned aircraft system (UAS) regulations. Here are some common myths and the corresponding facts.
Myth #1: The FAA doesn't control airspace below 400 feet
Fact—The FAA is responsible for the safety of U.S. airspace from the ground up. This misperception may originate with the idea that manned aircraft generally must stay at least 500 feet above the ground
Myth #2: Commercial UAS flights are OK if I'm over private property and stay below 400 feet.
Fact—The FAA published a Federal Register notice(PDF) in 2007 that clarified the agency’s policy: You may not fly a UAS for commercial purposes by claiming that you’re operating according to the Model Aircraft guidelines (below 400 feet, 3 miles from an airport, away from populated areas.) Commercial operations are only authorized on a case-by-case basis. A commercial flight requires a certified aircraft, a licensed pilot and operating approval. To date, only one operation has met these criteria, using Insitu's ScanEagle, and authorization was limited to the Arctic.(
http://www.faa.gov/news/updates/?newsId=73981)
Myth #3: Commercial UAS operations are a “gray area” in FAA regulations.
Fact—There are no shades of gray in FAA regulations. Anyone who wants to fly an aircraft—manned or unmanned—in U.S. airspace needs some level of FAA approval. Private sector (civil) users can obtain an experimental airworthiness certificate to conduct research and development, training and flight demonstrations. Commercial UAS operations are limited and require the operator to have certified aircraft and pilots, as well as operating approval. To date, only two UAS models (the Scan Eagle and Aerovironment’s Puma) have been certified, and they can only fly in the Arctic. Public entities (federal, state and local governments, and public universities) may apply for a Certificate of Waiver or Authorization (COA). The FAA reviews and approves UAS operations over densely-populated areas on a case-by-case basis.
Flying model aircraft solely for hobby or recreational reasons doesn’t require FAA approval, but hobbyists must operate according to the agency's model aircraft guidance, which prohibits operations in populated areas.
Myth #4: There are too many commercial UAS operations for the FAA to stop.
Fact—The FAA has to prioritize its safety responsibilities, but the agency is monitoring UAS operations closely. Many times, the FAA learns about suspected commercial UAS operations via a complaint from the public or other businesses. The agency occasionally discovers such operations through the news media or postings on internet sites. When the FAA discovers apparent unauthorized UAS operations, the agency has a number of enforcement tools available to address these operations, including a verbal warning, a warning letter, and an order to stop the operation.
Myth #5: Commercial UAS operations will be OK after September 30, 2015.
Fact—In the 2012 FAA reauthorization legislation, Congress told the FAA to come up with a plan for “safe integration” of UAS by September 30, 2015. Safe integration will be incremental. The agency is still developing regulations, policies and standards that will cover a wide variety of UAS users, and expects to publish a proposed rule for small UAS – under about 55 pounds – later this year. That proposed rule will likely include provisions for commercial operations.
Myth #6: The FAA is lagging behind other countries in approving commercial drones.
Fact – This comparison is flawed. The United States has the busiest, most complex airspace in the world, including many general aviation aircraft that we must consider when planning UAS integration, because those same airplanes and small UAS may occupy the same airspace.
Developing all the rules and standards we need is a very complex task, and we want to make sure we get it right the first time. We want to strike the right balance of requirements for UAS to help foster growth in an emerging industry with a wide range of potential uses, but also keep all airspace users and people on the ground safe.
Myth #7: The FAA predicts as many as 30,000 drones by 2030.
Fact—That figure is outdated. It was an estimate in the FAA’s 2011 Aerospace Forecast. Since then, the agency has refined its prediction to focus on the area of greatest expected growth. The FAA currently estimates as many as 7,500 small commercial UAS may be in use by 2018, assuming the necessary regulations are in place. The number may be updated when the agency publishes the proposed rule on small UAS later this year.