Recent Changes to FWS Import/Export License Renewal Process
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP / http://www.gdlsk.com/firm-news/320-recent-changes-to-fws-importexport-license-renewal-process.html
A recent change has raised the risk that importers/exporters of wildlife products may inadvertently allow their import/export licenses to expire.
With certain limited exceptions, importers/exporters are required to obtain a U.S. Fish and Wildlife Service (FWS) Import/Export License to import/export products that incorporate wildlife (i.e., any living or dead animal, including mammals, birds, reptiles, amphibians, fish, insects, crustaceans, arthropods, mollusks, and coelenterates). This license must be renewed annually. If the license has expired, the import/export of wildlife products is prohibited and is subject to seizure and forfeiture. The importer/exporter is also exposed to the possible issuance of civil and criminal penalties.
Historically, FWS issued a courtesy letter to license holders notifying them of their pending license expiration date. However, effective August 1, 2014, FWS has ceased this practice. As a result, it is imperative that FWS Import/Export license renewal dates are assiduously monitored to ensure the timely filing of license renewal applications and the uninterrupted continuation of permissible wildlife product importations.
The office of Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP is available to provide assistance in monitoring the expiration and renewal of FWS Import/Export Licenses.
Baltimore CBP Finds Destructive Pest in Rice Shipment
U.S. Customs & Border Protection/ http://www.cbp.gov/newsroom/local-media-release/2014-08-06-000000/baltimore-cbp-finds-destructive-pest-rice-shipment
BALTIMORE— U.S. Customs and Border Protection agriculture specialists at the port of Baltimore discovered that a shipment of rice from Pakistan was infested with Khapra Beetle larvae on Wednesday. The CBP agriculture specialists did not find any live larvae but immediately collected specimens of the dead larvae and sealed the container.
The specimens were forwarded to a U.S. Department of Agriculture entomologist who confirmed them as Trogoderma granarium, commonly known as Khapra Beetle. The importer was issued an Emergency Action Notice requiring the 1,066 carton, 43,000 pound shipment of rice to be re-exported or destroyed. The importer chose to have the shipment re-exported.
The Khapra Beetle is considered one of the world’s most destructive insect pests of grains, cereals and stored foods and remains the only insect in which CBP takes regulatory action against even while in a dead state.
“Khapra Beetle is one of the most invasive insects CBP agriculture specialists encounter,” said Dianna Bowman, CBP Area Port Director for Baltimore. “And we take our mission to intercept these destructive pests and protect America’s agricultural industry very seriously.”
The Khapra Beetle is labeled a ‘dirty feeder’ because it damages more grain than it consumes, and because it contaminates grain with body parts and hairs. These contaminants may cause gastrointestinal irritation in adults and especially sickens infants. Khapra Beetles can also tolerate insecticides and fumigants, and can survive for long periods of time without food.
According to the USDA Animal and Plant Health Inspection Service, previous infestations of Khapra Beetle have resulted in massive, long term-control and eradication efforts at great cost to the American taxpayer.
California implemented extensive eradication measures following a Khapra Beetle infestation discovered there in 1953. The effort was deemed successful, but at a cost of approximately $11 million. Calculated in today’s dollars, that would be about $90 million.
CBP agriculture specialists have extensive training and experience in the biological sciences and agricultural inspection. On a typical day nationally, they inspect almost 1 million people as well as air and sea cargo imported to the United States and intercept 4,379 prohibited meat, plant materials or animal products, including 440 insect pests.
U.S. Department of Transportation Issues New Standards to Improve Safety of Lithium Battery Transportation
U.S. Department of Transporation / http://www.dot.gov/briefing-room/us-department-transportation-issues-new-standards-improve-safety-lithium-battery
WASHINGTON – The U.S. Department of Transportation (DOT) today issued new standards to strengthen safety conditions for the shipment of lithium cells and batteries. These changes, some of which focus specifically on shipments by air, will better ensure that lithium cells and batteries are able to withstand normal transportation conditions and are packaged to reduce the possibility of damage that could lead to an unsafe situation.
“Safety is our number one priority, and this rule provides an additional layer of protection to the shipment of lithium batteries, which we all depend on daily to power our phones and our laptops,” said Transportation Secretary Anthony Foxx. “Today’s standards are part of our ongoing work to improve safety for all travelers, including those who travel with or ship lithium batteries.”
The Department's Pipeline and Hazardous Materials Safety Administration (PHMSA) developed this rule in close coordination with the Federal Aviation Administration (FAA). Voluntary compliance is encouraged upon publication of the final rule; however mandatory compliance is effective six months after publication.
The rule will also provide a greater level of consistency with international standards, including the International Civil Aviation Organization’s (ICAO) Technical Instructions for the Safe Transport of Dangerous Goods by air.
“Our continuing efforts to harmonize U.S. Hazardous Materials Regulations with international standards improve consistency in procedures and terminology when shipping lithium batteries around the globe,” noted PHMSA Administrator Cynthia L. Quarterman.
The final rule will:
- Enhance packaging and hazard communication requirements for lithium batteries transported by air;
- Replace equivalent lithium content with Watt-hours for lithium ion cells and batteries;
- Adopt separate shipping descriptions for lithium metal batteries and lithium ion batteries;
- Revise provisions for the transport of small and medium lithium cells and batteries including cells and batteries packed with, or contained in, equipment;
- Revise the requirements for the transport of lithium batteries for disposal or recycling;
- Harmonize the provisions for the transport of low production and prototype lithium cells and batteries with the ICAO Technical Instructions and the International Maritime Dangerous Goods Code; and
- Adopt new provisions for the transport of damaged, defective, and recalled lithium batteries.
Click here for a copy of the final.
PHMSA develops and enforces regulations for the safe, reliable, and environmentally sound operation of the nation's 2.6 million mile pipeline transportation system and the nearly one million daily shipments of hazardous materials by land, sea, and air. Please visit www.phmsa.dot.gov for more information.
USITC: News Releases and New Documents
US International Trade Commission / http://www.usitc.gov/?source=govdelivery&utm_medium=email&utm_source=govdelivery
Trenton, NJ – Governor Chris Christie today signed into law bipartisan legislation prohibiting individuals from importing, selling or purchasing any ivory or rhinoceros horn product. S-2012 makes federal prohibitions applicable to the ivory and rhinoceros horn trade within New Jersey, and includes strict penalties for those caught dealing in the black market of this industry. The bill will help protect previous and endangered wildlife by targeting traffickers with stiff financial penalties.
“With this legislation, we are making it clear that there are strict consequences for individuals who would seek to profit from trafficking in these products and their harvesting that brings far-reaching, harmful consequences on endangered animal populations,” said Governor Chris Christie. “These stricter measures will help to reduce the amount of criminal activity that surrounds this industry while protecting wildlife populations that are already seriously threatened from this harmful practice.”
“The economic penalties associated with this legislation will have a direct, severe effect on those in illegal possession of ivory” said Senator Christopher Bateman. “Ivory trafficking is at the highest rate ever recorded, we must work with other states to crack down on organized crime connected with ivory sales.”
“By signing this bill into law, Governor Christie is closing loopholes in ivory commerce prohibitions that allowed New Jersey to foster the blood ivory trade and poaching profits for terrorist organizations such as Al Qaeda-affiliated, the Lord's Resistance Army, Janjaweed, and others,” said Assemblyman Raj Mukherji. “Given the role of our ports in wildlife trafficking and the rate at which the ivory trade is driving elephants and other endangered and threatened species toward extinction, these measures will directly contribute to protecting these magnificent species while chopping away at a major funding source for terrorists.”
The penalties include a first offense to be treated as a disorderly persons offense, punishable by fine of $1,000 or double the value of the product, whichever is greater. A second and subsequent offense would treated as a fourth-degree crime, punishable by a fine of $5,000 or double the value of the product. The bill requires that upon an offender’s conviction, the prohibited product is to be transferred to the Department of Environmental Protection for disposal (via destruction or donation to an educational institution).
The bill would treat the presence of ivory or a rhinoceros horn in a “retail or wholesale outlet commonly used for the buying or selling of similar products” as “presumptive evidence” of possession with intent to sell the product. The new law does provide important exceptions that allow for the possession and transfer of ivory products when they are used for legitimate law enforcement purposes or educational purposes pursuant to state Department of Environmental Protection permit.
Primary sponsors of S-2012 include Senators Raymond J. Lesniak (D-Union) and Christopher Bateman (R- Somerset, Hunterdon, Mercer, Middlesex), Assembly members Raj Mukherji (D-Hudson) and Mila M. Jasey (D- Essex/Morris).
PortMiami Tunnel to Open Sunday, August 3rd First Official Drive-Thru!
Miami-Dade County/ http://www.miamidade.gov/portmiami/advisories/2014-08-02-portmiami-tunnel.asp
(MIAMI,August 2, 2014) - The PortMiami Tunnel is opening on Sunday, August 3rd. Officials from Miami-Dade County, the City of Miami, the Federal Highway Administration, Florida Department of Transportation (FDOT), Miami Access Tunnel, Bouygues Civil Works Florida and PortMiami partners will be participating in the first official drive-thru at 10 a.m.
Media is welcome to stage on the PortMiami side of the tunnel in the westbound lane at 9:00 a.m. Miami-Dade Police will be on-site to direct media to the staging area.
At 10:30 a.m. Mayor Carlos A. Gimenez will lead the media as the first vehicles leave PortMiami westbound through the tunnel.
BACKGROUND
The tunnel will provide two dedicated lanes in each direction connecting the airport and interstate highway directly to and from PortMiami. Both cruise and cargo traffic will be able to use the tunnel to access PortMiami. The tunnel restrictions are a maximum height of 15 feet, a maximum width of 8 feet 6 inches, and no placard and hazmat cargo are allowed in the tunnel. Restricted cargo will continue to use the Port Boulevard Bridge.
Drivers are encouraged to call 511 before they drive or log on to www.fl511.com to get real-time traffic and lane closure information.
PortMiami is second only to Miami International Airport as the most powerful economic generator in South Florida. The Port’s economic viability is extremely important to the citizens of Miami-Dade County and needed to continue expanding its capacity.
Prior to the tunnel being built, the only way into the Port was through Port Boulevard. That caused heavy truck traffic, cruise line buses and private cars to congest the narrow Central Business District, preventing downtown Miami from reaching its full potential.
The Tunnel Project consisted of three components:
- Twin tunnels under Government Cut
- Connections to PortMiami’s roadway system
- MacArthur Causeway Bridge widening, realignment of eastbound State Road A1A/MacArthur Causeway lanes and reconstruction of Parrot Jungle Trail frontage road
The PortMiami Tunnel will improve access to and from the Port, serving as a dedicated roadway connector linking the Port with the MacArthur Causeway (State Road A1A) and I-395. The Port is located on Dodge Island, a 518-acre island in Biscayne Bay and connected to the city of Miami solely by the Port Boulevard Bridge. All traffic currently enters and exits the island on the existing bridge. Both cruise terminals and cargo handling facilities are located on the island. Cruise and administration facilities are mostly located on the northwest quadrant of the Port, while Royal Caribbean offices and Cruise Terminal J are at the southwest corner. Container yards and space for ships to maneuver and park comprise the remainder of the island. Entering the Port, cargo and cruise traffic are routed onto separate roadways from a point just east of Port Boulevard Bridge. An existing bridge for outbound cargo traffic provides a grade separation with the inbound cruise roadway.
About PortMiami
PortMiami is among America's busiest ports and recognized across the globe with the dual distinction of being the Cruise Capital of the World and the Cargo Gateway of the Americas. PortMiami contributes more than $27 billion annually to the South Florida economy.
Who: PortMiami
What: PORTMIAMI TUNNEL OPENING
When: August 03, 2014, 10:00 a.m.
Where: PortMiami, Dodge Island Westbound Tunnel Portal
HSI Seizes More than $500,000 Worth of Counterfeit Goods at Flea Market
U.S. Immigration and Customs Enforcements (IC) - Homeland Security Investigations (HSI)/ http://www.ice.gov/news/releases/1408/140805rogers.htm
ROGERS, Ohio — Special agents with U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI) seized more than $500,000 worth of counterfeit merchandise – including sports apparel, designer clothing, perfume, batteries, consumer electronics, and mobile phone accessories – in a coordinated crackdown targeting vendors at the Rogers Community Auction.
All told, the enforcement actions resulted in the seizure of thousands of individual items bearing the names of more than 20 designer brands, including UGG boots, Michael Kors purses, Beats by Dre headphones, Otterbox and LifeProof cell phone cases and NFL jerseys. Collectively, authorities estimate the seized merchandise is worth more than $510,095, based upon the items' suggested retail price had the goods been legitimate.
HSI received substantial assistance with the late July enforcement actions from U.S Customs and Border Protection.
"While counterfeiters are becoming increasingly sophisticated in their efforts, consumers can still act as the first line of defense in protecting themselves from substandard and often dangerous goods," said Marlon Miller, special agent in charge of HSI Detroit, which covers Michigan and Ohio. "We urge consumers to look for the tell-tale signs including prices that are too low and inferior quality in product materials. Saving a couple bucks is not worth risking your health."
In tests, counterfeit batteries have leaked, overheated and ruptured. Some tested counterfeit perfumes have been determined to contain bovine urine, antifreeze and other harmful chemicals.
As part of the national effort to combat the growing problem on counterfeit goods, 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. For more information, visit
http://www.ice.gov.