Long Beach Terminals Work to Clear Congestion
Port of Long Beach / http://www.polb.com/news/displaynews.asp?NewsID=1380&TargetID=1
Heavy volume of cargo continues at Port as holidays near
Strong cargo volumes continued into early November at the Port of Long Beach, resulting in delays due to a shortage of truck trailers, but underscoring this year’s rebound in international trade and pointing to an economic upswing.
The Port of Long Beach is working to establish a more consistent supply of truck chassis and is coordinating with all stakeholders to solve the current congestion issues that have slowed some shipments.
One solution the Port is pursuing is to free up more of the chassis – the wheeled trailer-frames that carry cargo containers – by finding a place in the Harbor District to receive and temporarily store the empty containers that terminals may not have room for at this time. This allows truckers to use a chassis to carry a loaded container, rather than sit idle with an empty container.
That’s just one of the ways that the Port is addressing the backlog of cargo.
“Our team is focused on making sure we relieve the congestion issues quickly, and put measures in place that will prevent the recurrence of this issue,” said Port of Long Beach Chief Executive Jon Slangerup. “Our role is to stay engaged with the industry and look for every opportunity to facilitate solutions.”
A busy peak shipping season, the advent of larger ships and a change in the ownership system for chassis fleets brought congestion to many seaports this year.
As the busiest seaport complex in the United States, the issues have been evident at the Long Beach-L.A. ports. And because both ports are experiencing similar issues, the ports are working to gain permission to collaborate further on finding solutions.
Washington, D.C. - The United States Trade Representative Michael Froman announced today that Kuwait is being moved from the Special 301 Report Watch List to the Priority Watch List. The Special 301 Report identifies trading partners that do not adequately and effectively protect intellectual property rights.
In the 2014 Report, published on April 30, USTR maintained Kuwait’s Watch List status and announced that it would launch an Out-of-Cycle Review (OCR) later in 2014. The Report stated that if, by the time of the OCR, Kuwait did not (1) introduce to the National Assembly legislation that would result in a copyright law that is consistent with international standards, and (2) resume effective enforcement against copyright and trademark infringement, USTR would move Kuwait to the Priority Watch List. USTR, with the input of the Trade Policy Staff Committee agencies, has determined that Kuwait has not met these benchmarks.
The United States is encouraged by Kuwait’s recent accessions to the Berne and Paris Conventions and by recent reported progress on enforcement against copyright infringement. However, the U.S. remains concerned about the lack of sustained enforcement action against trademark infringement and the lack of progress in passage of updates to Kuwait’s copyright legislation, which hamper the overall market environment for intellectual property-intensive industries.
The U.S. seeks to actively engage Kuwaiti authorities on these issues in the context of the long-standing cooperation between our countries.
Background
Pursuant to Section 182 of the Trade Act of 1974, as amended by the Omnibus Trade and Competitiveness Act of 1988 and the Uruguay Round Agreements Act (1994), under the Special 301 provisions, USTR must identify those countries that deny adequate and effective protection for intellectual property rights (IPR) or deny fair and equitable market access for persons that rely on intellectual property protection.
USTR has created a "Priority Watch List" and "Watch List" to administer the Special 301 provisions. A trading partner’s placement on the Priority Watch List or Watch List indicates that particular problems exist in that country or economy with respect to IPR protection, enforcement, or market access for persons relying on intellectual property. Trading partners on the Priority Watch List become the focus of increased bilateral attention concerning the problem areas.
USITC Institutes Section 337 Investigation of Certain Footwear Products
U.S. International Trade Commission / http://www.usitc.gov/press_room/news_release/2014/er1112mm3.htm
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain footwear products. The products at issue in this investigation are shoes that allegedly infringe or dilute registered and common law trademarks used in connection with certain Converse shoes, such as the Chuck Taylor All Star Shoe.
The investigation is based on a complaint filed by Converse Inc. ("Converse") of North Andover, MA, on October 14, 2014. The complaint, as amended, alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain footwear products that infringe or dilute registered and common law trademarks asserted by Converse. The complainant requests that the USITC issue a general exclusion order, or in the alternative a limited exclusion order, and a cease and desist order.
The USITC has identified the following as respondents in this investigation:
Skechers U.S.A., Inc. of Manhattan Beach, CA;
Wal-Mart Stores, Inc. of Bentonville, AR;
A-List, Inc., d/b/a Kitson, of Los Angeles, CA;
Aldo Group of Montreal, Quebec, Canada;
Brian Lichtenberg, LLC of Los Angeles, CA;
Cmerit USA, Inc., d/b/a Gotta Flurt, of Chino, CA;
Dioniso SRL of Perugia, Italy;
Edamame Kids, Inc. of Calgary, Alberta, Canada;
Esquire Footwear, LLC of New York, NY;
FILA U.S.A., Inc. of Sparks, MD;
Fortune Dynamic, Inc. of City of Industry, CA;
Gina Group, LLC of New York, NY;
H & M Hennes & Mauritz LP of New York, NY;
Highline United LLC, d/b/a/Ash Footwear USA, of New York, NY;
Hitch Enterprises Pty Ltd, d/b/a Skeanie, of Mittagong, New South Wales, Australia;
Iconix Brand Group, Inc., d/b/a Ed Hardy, of New York, NY;
Kmart Corporation of Hoffman Estates, IL;
Mamiye Imports LLC, d/b/a Lilly of New York, of Brooklyn, NY;
Nowhere Co., Ltd., d/b/a Bape, of Tokyo, Japan;
OPPO Original Corp. of City of Industry, CA;
Orange Clubwear, Inc., d/b/a Demonia Deviant, of Westminster, CA;
Ositos Shoes, Inc., d/b/a Collection'O, of South El Monte, CA;
PW Shoes Inc. of Maspeth, NY;
Ralph Lauren Corporation of New York, NY;
Shenzhen Foreversun Industrial Co., Ltd. (a/k/a Shenzhen Foreversun Shoes Co., Ltd) of Shenzhen, Guangdong Province, China;
Shoe Shox, c/o Zulily, Inc., of Seattle, WA;
Tory Burch LLC of New York, NY;
Zulily, Inc. of Seattle, WA;
Fujian Xinya I&E Trading Co. Ltd. of Jinjiang, Fujian Province, China;
Zhejiang Ouhai International Trade Co. Ltd. of Wenzhou, Zhejiang Province, China; and
Wenzhou Cereals Oils and Foodstuffs Foreign Trade Co. Ltd. of Wenzhou, Zhejiang Province, China.
By instituting this investigation (337-TA-936), 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.
FTC Approves Final Orders Banning Two Companies From Making Unsubstantiated Slimming Claims for Shapewear Undergarments
Federal Trade Commission / http://www.ftc.gov/news-events/press-releases/2014/11/ftc-approves-final-orders-banning-two-companies-making
Following a public comment period, the Federal Trade Commission has approved two final orders settling charges that two companies, Norm Thompson Outfitters. Inc., and Wacoal America, Inc., misled consumers regarding the ability of their caffeine-infused shapewear undergarments to reshape the wearer’s body and reduce cellulite.
According to the FTC’s complaints, announced in September, the two companies’ marketing claims for their caffeine-infused products were false and not substantiated by scientific evidence.
In settling the charges, the companies are banned from claiming that any garment that contains any drug or cosmetic causes substantial weight or fat loss or a substantial reduction in body size. The companies also are prohibited from making claims that any drug or cosmetic reduces or eliminates cellulite or reduces body fat, unless they are not misleading and can be substantiated by competent and reliable scientific evidence.
The final orders also require the companies to pay $230,000 and $1.3 million, respectively, that the FTC can use to provide refunds to consumers.
The Commission vote approving each final consent order was 5-0. (FTC File Nos. 132-3094 and 132-3095; the staff contact is David Newman, FTC Western Region, San Francisco, 415-848-5123)
The Federal Trade Commission works for consumers to prevent fraudulent, deceptive, and unfair business practices and to provide information to help spot, stop, and avoid them. To file a complaint in English or Spanish, visit the FTC’s online Complaint Assistant or call 1-877-FTC-HELP (1-877-382-4357). The FTC enters complaints into Consumer Sentinel, a secure, online database available to more than 2,000 civil and criminal law enforcement agencies in the U.S. and abroad. The FTC’s website provides free information on a variety of consumer topics.
USITC Releases Shifts in U.S. Merchandise Trade 2013
U.S. International Trade Commission / http://www.usitc.gov/press_room/news_release/2014/er1112mm1.htm
Merchandise Trade Deficit Decreased 3.4 percent, Exports Up 1.4 percent, Imports Down 0.5 percent As Deficit in Energy-Related Products Decreases by 22 percent
Shifts in U.S. Merchandise Trade 2013, an annual compendium of data and analysis examining changes in trade with key U.S. partners and in important U.S. industries, was released today by the U.S. International Trade Commission (USITC).
The USITC, an independent, nonpartisan, factfinding federal agency, releases the information in a web-based format that provides details and reasons for key shifts in trade and that can be searched by country or industry sector.
Users will find a comprehensive review of U.S. trade performance in 2013, focusing on changes in U.S. exports, imports, and trade balances of agricultural and manufacturing industries, key natural resources, as well as changes in U.S. trade with major partners and country groups. Also included are profiles of the U.S. industry and market for over 250 industry groups and subgroups, offering data for 2009-13 on consumption, production, and trade.
The report examines:
- industry developments and the principal drivers influencing trends in U.S. trade;
- leading products the United States exported to and imported from its most important trading partners and the key factors influencing trade in these products;
- price fluctuations, global market trends, government trade policies, and other major factors affecting U.S. trade in 2013.
In the 2013 report, a special topic chapter provides an overview of the use of value added as an innovative method of analyzing trade flows, as well as a discussion of relevant data sources. The chapter describes how this information can help business officials, government representatives, and others better understand the economics of global manufacturing and gain a more precise and nuanced picture of trade deficits and surpluses.
Shifts in U.S. Merchandise Trade 2013 can be accessed at http://www.usitc.gov/publications/332/pub4493.pdf.
District Court Enters Permanent Injunction Against California Dietary Supplement Company and Chief Executive Officer to Stop Distribution of Adulterated Products
U.S. Department of Justice / http://www.justice.gov/opa/pr/district-court-enters-permanent-injunction-against-california-dietary-supplement-company-and
District Court Enters Permanent Injunction Against California Dietary Supplement Company and Chief Executive Officer to Stop Distribution of Adulterated Products
The U.S. District Court for the Central District of California entered a consent decree of permanent injunction against Scilabs Nutraceuticals Inc. of Irvine, California, and its board chairman and chief executive officer (CEO), Paul P. Edalat, to prevent the distribution of adulterated dietary supplements, the Department of Justice announced today.
SciLabs Nutraceuticals Inc. is a contract manufacturer of dietary supplements distributed under the brand name All Pro Science, including Complete Immune + capsules and various flavored powders called Complete, Recovery and Precharge. The department filed a complaint in the U.S. District Court for the Central District of California at the request of the U.S. Food and Drug Administration (FDA), alleging that the company’s dietary supplements are manufactured under conditions that are inadequate to ensure the quality of its products.
In conjunction with the filing of the complaint, the defendants agreed to settle the litigation and be bound by a consent decree of permanent injunction that prohibits them from committing violations of the Federal Food, Drug, and Cosmetic Act. The consent decree requires the dietary supplement manufacturer to cease all operations and requires that, in order for defendants to resume manufacturing dietary supplements, the FDA first must determine that Scilabs’ manufacturing practices have come into compliance with the law.
“The failure to comply with current good manufacturing practice requirements by a maker of dietary supplements can pose a risk to the public health,” said Acting Assistant Attorney General Joyce R. Branda of the Justice Department’s Civil Division. “The Department of Justice will continue to bring enforcement actions against those who do not follow the necessary procedures to comply with the safety laws for dietary supplements.”
According to the complaint, FDA inspections performed in 2012, 2013 and 2014 revealed that the company’s dietary supplements are adulterated within the meaning of the Food, Drug, and Cosmetic Act. The complaint alleges, for example, that the company failed to conduct at least one appropriate test or examination to verify the identity of every dietary ingredient before using them. The complaint also alleges that the company failed to establish product specifications for the identity, purity, strength and composition of finished batches of dietary supplements. In addition, as alleged in the complaint, defendants failed to document equipment use, maintenance, cleaning and sanitization in individual equipment logs as required by law.
The government is represented by Trial Attorney Heide L. Herrmann of the Civil Division’s Consumer Protection Branch, with the assistance of Senior Counsel Claudia Zuckerman of the Food and Drug Division of the U.S. Department of Health and Human Services’ Office of General Counsel.