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06

Fumigation Facility to Cease Operations West Coast Port Talks Update
 U.S. Customs & Border Protection / http://apps.cbp.gov/csms/viewmssg.asp?Recid=20102&page=&srch_argv=&srchtype=&btype=&sortby=&sby=

Please see attached Information Notice regarding the imminent shutdown of the only remaining fumigation facility in the Oakland area. 


Possible Port Congestion Surcharges Industry Advisory
Federal Maritime Commission / http://www.fmc.gov/port_congestion_surcharges_industry_advisory/

The Federal Maritime Commission has received numerous informal inquiries in relation to certain congestion surcharges that have been announced in tariff rules required to be published under the Shipping Act of 1984, as revised by the Ocean Shipping Reform Act (1998) and the Commission’s regulations at 46 CFR Part 520. This Industry Advisory is issued in order to respond to those inquiries.

Unless done pursuant to a waiver or exemption, any tariff rule (including surcharges) of a common carrier that results in an increased cost to a shipper may not be effective earlier than 30 days after publication. 46 U.S.C. § 40501(e); 46 CFR § 520.8.

The Shipping Act and the Commission’s regulations require that the rules applicable to any given shipment shall be those in effect on the date the cargo is received by the common carrier or its agent. 46 CFR § 520.7. Thus, if any cargo-related disruption were to occur at a port after cargo has been tendered by a shipper, a carrier may only lawfully charge the rates in effect on the day the cargo is tendered.  These regulations apply both to import and export cargo.


Prestressed Concrete Steel Rail Tie Wire from China and Mexico Injures U.S. Industry, Says USITC
U.S. International Trade Commission/ http://www.usitc.gov/press_room/news_release/2014/er0603mm1.htm

The United States International Trade Commission (USITC) today determined that a U.S. industry is materially injured by reason of imports of prestressed concrete steel rail tie wire from China and Mexico that the U.S. Department of Commerce has determined are sold in the United States at less than fair value.

All six Commissioners voted in the affirmative.

As a result of the USITC's affirmative determinations, antidumping duty orders will be issued on imports of this product from China and Mexico.

The Commission's public report Prestressed Concrete Steel Rail Tie Wire from China and Mexico (Investigation Nos. 731-TA-1207-1208 (Final), USITC Publication 4473, June 2014) will contain the views of the Commissioners and information developed during the investigations.

The report will be available after July 3, 2014. After that date, it may be accessed on the USITC website at:  target="_blank">http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp. Copies also may be requested after that date 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.

_______________________________________________________________________________

UNITED STATES INTERNATIONAL TRADE COMMISSION
 Office of Industries
 Washington, DC 20436

FACTUAL HIGHLIGHTS

Prestressed Concrete Steel Rail Tie Wire from China and Mexico
 Investigation Nos. 731-TA-1207-1208 (Final)

Product Description: Prestressed concrete steel rail tie wire is a high carbon steel wire; stress relieved or low relaxation; indented or otherwise deformed; meeting at a minimum the American Society for Testing and Materials ("ASTM") A881/A881M specification; regardless of shape, size, or other alloy element levels; suitable for use as prestressed tendons in concrete rail ties ("PC tie wire"). High carbon steel is defined as steel that contains 0.6 percent or more of carbon by weight. PC tie wire is specifically designed to be used as prestressed tendons in the construction of railroad ties. PC tie wire introduces compression into the concrete and strengthens the tie. Prestressed tendons in the concrete ties help improve the tensile resistance to support the flexural forces imparted by trains that travel along the rails.

Status of Proceedings:

1. Type of investigations: Final antidumping.
2. Petitioners: Davis Wire Corp., Kent, WA; Insteel Wire Products Co., Mount Airy, NC.
3. Investigations instituted by the USITC: April 23, 2013.
4. Commission's hearing: May 6, 2014.
5. USITC vote: June 3, 2014.
6. USITC determinations and views issued: June 12, 2014.

U.S. Industry:

1. Number of producers in 2013: Two.
2. Location of producers' plants: Florida and Washington.
3. Employment of production and related workers in 2013: (1)
4. Apparent U.S. consumption in 2013: (1)
5. Ratio of the value of total U.S. imports to total U.S. consumption in 2013: (1)

U.S. Imports:

1. From the subject countries during 2013: (1)
2. From other countries during 2013: (1)
3. Leading sources during 2013: Mexico, Thailand, and China.

(1) Withheld to avoid disclosure of business proprietary information.


Member of Largest Counterfeit Goods Conspiracy in History Sentenced
U.S. Immigration and Customs Enforcement (ICE)  / http://www.ice.gov/news/releases/1406/140602newark.htm

NEWARK, N.J. — A New York member of a $300 million international counterfeit goods conspiracy, deemed one of the largest counterfeit goods case ever prosecuted, was sentenced Monday to 46 months in prison for his role in the scheme. The arrest follows a joint investigation by the U.S. Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSI) Newark Field Office and the FBI.

Ming Zheng, aka Uncle Mi, 48, of New York, previously pleaded guilty before U.S. District Judge Esther Salas to conspiracy to launder money. Judge Salas imposed the sentence Monday in Newark federal court.

According to documents filed in this case and statements made in court, from November 2009 to February 2012, Zheng and his co-defendants ran one of the largest counterfeit goods smuggling and distribution conspiracies ever charged by the Department of Justice. The defendants and others conspired to import hundreds of containers of counterfeit goods – primarily handbags, footwear and perfume – from China into the United States in furtherance of the conspiracy. These goods, if legitimate, would have had a retail value of more than $300 million.

Zheng was instrumental in multiple money laundering transactions – he received cash from other conspirators and caused it to be transferred overseas in furtherance of the laundering process. During the investigation, Zheng was introduced to undercover special agents by co-defendants who were running the counterfeiting operation. Conspirators obtained cash from these undercover agents, which were purportedly the proceeds of gambling and other unlawful activities. These other conspirators then provided the money to Zheng. For every $50,000 in cash the undercover agents provided, Zheng and others would return approximately $42,500 – via wire transfers from banks in China – into a bank account set up by the undercover agents.

When other conspirators received money to be laundered, one of the conspirators would contact Zheng, who in turn contacted a China-based conspirator, and transferred the money to locations in China. The money then, less the laundering fee, was transferred from Fujian, China, to a bank in Guangzho, China, where it was subsequently withdrawn and physically transported via courier to a bank in Hong Kong where it was finally transferred into an account in the undercover agents' name.

Assistant U.S. Attorneys Andrew Pak and Zach Intrater of the Computer Hacking and Intellectual Property section of the Economic Crimes Unit of the U.S. Attorney's Office in Newark and Nicholas Grippo of the U.S. Attorney's Office in Trenton prosecuted the case on behalf of U.S. Attorney Paul J. Fishman.

The HSI-led Intellectual Property Rights 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.


PRESS RELEASE:  International Trade Administration
http://www.trade.gov/press/press-releases/

6/04/2014 Statement From Acting Under Secretary of Commerce for International Trade Ken Hyatt on International Trade in Goods and Services in April 2014

6/03/2014 Commerce Preliminarily Finds Countervailable Subsidization of Imports of Certain Crystalline Silicon Photovoltaic Products from the Peoples Republic of China

FEMA Urges Preparedness Ahead of Severe Weather
Department of Homeland Security / http://www.dhs.gov/news/2014/06/02/fema-urges-preparedness-ahead-severe-weather

WASHINGTON – The U.S. Department of Homeland Security’s Federal Emergency Management Agency (FEMA)—through its regional offices in Atlanta, Chicago, Kansas City and Denton (Texas)—is monitoring the possibility of tornadoes and large hail on Tuesday across parts of the Central Plains and Mid-Mississippi Valley. Residents in potentially affected areas should take the time now to prepare for severe weather and to monitor conditions via NOAA Weather Radio and local media.

FEMA is in close contact with the National Weather Service, which is forecasting the development of severe thunderstorms across the Great Plains into the Ohio Valley and central Appalachians Tuesday into Wednesday. The storms may bring the potential for significant severe weather events. Comprehensive forecasts for specific areas are available at www.weather.gov.

When natural disasters like severe weather and tornadoes strike, immediate aid often comes from neighbors, family, friends and co-workers. First responders—such as local emergency and public works personnel, volunteers, humanitarian organizations and numerous private interest groups—provide rapid emergency assistance to protect the public's health and safety and to meet immediate human needs.

Severe Weather and Tornado Safety Tips

  • Maintain an emergency supply kit both at home and in the car to help prepare for power outages or impassable roads. Visit www.ready.gov or www.listo.gov to learn more about how to be better prepared and how to protect your family during emergencies. Find severe weather and tornado preparedness tips at www.ready.gov/severe-weather.
  • Follow the instructions of state and local officials, and listen to local radio or TV station for updated disaster response and sheltering information. Listen to a NOAA Weather Radio and local news to monitor for severe weather updates and warnings. The National Weather Service is the official source for tornado watches and warnings.
  • Many mobile devices are capable of receiving free Wireless Emergency Alerts, which are sent by public safety officials such as the National Weather Service about imminent threats like severe weather. They look like a text message and show the type and time of the alert, any action you should take and the agency issuing the alert.
  • Become familiar with the terms used to identify severe weather. Discuss with your family what to do if a watch or warning is issued.

Terms Used to Describe Tornado and Other Severe Weather Hazards

For flooding:

  • A Flood Watch is issued when conditions are favorable for flooding.
  • A Flood Warning is issued when flooding is imminent or occurring.
  • A Flash Flood Watch is issued when conditions are favorable for flash flooding.
  • A Flash Flood Warning is issued when flash flooding is imminent or occurring.
  • A Flash Flood Emergency is issued when severe threat to human life and catastrophic damage from a flash flood is imminent or ongoing.
  • For a severe thunderstorm:
  • A Severe Thunderstorm Watch is issued when severe thunderstorms are possible in and near the watch area.
  • A Severe Thunderstorm Warning is issued when severe thunderstorms are occurring or imminent in the warning area.

For a tornado:

  • A Tornado Watch is issued when severe thunderstorms and tornadoes are possible in and near the watch area. It does not mean that they will occur. It only means they are possible.
  • A Tornado Warning means a tornado is imminent, take shelter immediately.
A Tornado Emergency is issued when severe threat to human life and catastrophic damage is imminent or ongoing, and reliable sources confirm a tornado.
 
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