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03
Implementation of the 2012 Harmonized Tariff Schedule of the United States

Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP / www.gdlsk.com

Customs has issued messages and pipelines on the implementation of the 2012 Harmonized Tariff.

The purpose of this message is to inform interested parties of the 2012 Harmonized Tariff Schedule of the United States (HTSUS) implementation. The World Customs Organization (WCO) amends the Harmonized System, at the six-digit level, every four to six years. Following legislation passed on December 29, 2011, the Presidential proclamation was published in the Federal Register on January 4, 2012 to implement the WCO HTSUS changes. The 2012 HTSUS amendments will go into effect on February 3, 2012.

The USITC has issued the Official Harmonized Tariff Schedule

This edition of the HTS is the basic printed version. Further changes have occurred due to Presidential Proclamations which incorporate international changes to the HTS nomenclature. This version will go into effect on Feb. 3, 2012. The printed 2012 HTS will be available from the Government Printing Office.

To read the complete Customs message

To access the USITC website for the 2012 HTS

 


Facts and Figures about CBP Flower Inspections

U.S. Customs & Border Protection / www.cbp.gov

http://www.cbp.gov/xp/cgov/newsroom/highlights/flower_inspections/2011_flower_ins/2012_flower_ins.xml

 

 


 

CBP: Foods Containing Cooked Eggs No Longer Admissible

Travelers urged to declare all foods and agricultural products upon entering U.S.

U.S. Customs & Border Protection / www.cbp.gov

Eagle Pass, Texas - U.S. Customs and Border Protection officers at the Eagle Pass Port of Entry are advising travelers that cooked eggs and foods containing cooked eggs are no longer admissible into the United States.

Cooked eggs and foods such as breakfast tacos, egg plates and hard boiled eggs are now prohibited. The only exception to the prohibition is the importation of cooked eggs accompanied by a written permit from the U.S. Department of Agriculture. Travelers are urged to declare all foods and agricultural products they bring into the United States in order to ensure compliance with federal regulations.

Inadmissible items that are declared are confiscated by CBP officers. Anyone found to be importing inadmissible food items without declaring them is subject to a fine. The prohibition against cooked egg products is outlined in the U.S. Code of Federal Regulations, 9 CFR 94.6 (c)(4).

“People who come across the border for the day to work, shop or go to school often bring a breakfast or lunch with them,” said Cynthia O. Rodriguez, CBP Port Director, Eagle Pass. “We are now advising them that cooked eggs and foods like breakfast tacos that contain eggs can no longer be brought into the country.”

CBP officers are currently issuing warnings to travelers but in coming weeks, anyone failing to declare cooked eggs will incur a fine.

 


 

U.S. Export of Used Electronics Products will be Focus of New USITC Study

The U.S. International Trade Commission / www.usitc.gov

The U.S. International Trade Commission (USITC) has launched an investigation into the extent of U.S. exports of used electronics products.The study will cover audio and visual equipment, computers and peripheral equipment, digital imaging devices, telecommunication equipment, and component parts of these products, as well as other electronic products the Commission deems relevant.

The investigation, Used Electronic Products: An Examination of U.S Exports, was requested by the Office of the U.S. Trade Representative (USTR).

As requested, the USITC, an independent, nonpartisan, factfinding federal agency, will provide an overview of U.S. exports of used electronics products; discuss the types of foreign enterprises receiving U.S. exporters' shipments and the types of domestic exporting enterprises; and describe the characteristics of used electronic products exported from the United States, including product condition and the composition of export shipments.

The USITC will submit its report to USTR by February 8, 2013.

The USITC will hold a public hearing in connection with the investigation at 9:30 a.m. on May 15, 2012. Requests to appear at the hearing should be filed no later than 5:15 p.m. on April 16, 2012 with the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. For further information, call 202-205-2000.

The USITC also welcomes written submissions for the record. Written submissions (one original and 14 copies) should be addressed to the Secretary of the Commission at the above address and should be submitted at the earliest practical date, but no later than 5:15 p.m. on September 14, 2012. All written submissions, except for confidential business information, will be available for public inspection.

Further information on the scope of the investigation and appropriate submissions is available in the USITC's notice of investigation, dated January 30, 2012, which can be obtained from the USITC Internet site (www.usitc.gov) or by contacting the Office of the Secretary at 202-205-2000.

USITC general factfinding investigations, such as this one, cover matters related to tariffs or trade and are generally conducted at the request of the U.S. Trade Representative, the House Committee on Ways and Means, or the Senate Committee on Finance. The resulting reports convey the Commission's objective findings and independent analyses on the subject investigated. The Commission makes no recommendations on policy or other matters in its general factfinding reports. Upon completion of each investigation, the USITC submits its findings and analyses to the requester. General factfinding investigations reports are subsequently released to the public, unless they are classified by the requester for national security reasons.

 


 

 

CPSC - Small Business Ombudsman

Consumer Products Safety Commission / www.cpsc.gov

The Small Business Ombudsman (SBO) is here to provide you with guidance to make sure that your small business’s consumer products are in compliance with the applicable federal laws on consumer product safety. We recognize that some of our important consumer product safety rules may be difficult to find and may appear complex to you if you don’t have prior experience in this area. To help alleviate these issues, the Consumer Product Safety Commission has approved the creation of a full-time small ombudsman position to assist America’s small businesses.

The Ombudsman serves as a dedicated resource for small businesses in CPSC-regulated industries when they have issues or technical questions concerning CPSC's statutes, regulations, regulatory processes, or other issues for which they need guidance. We seek to provide you with easy to understand answers to your questions. We are also here to identify broader issues of concern to the small business community and to proactively seek solutions to each issue by working internally with the appropriate Commission staff.

Where do I begin?
We have recently added resources about the various regulatory requirements. Presently you can find the most commonly referenced requirements below. Please bookmark this page and check back periodically in the coming months for additional resources. http://www.cpsc.gov/businfo/smbus.html

 


 

Under FTC Settlement, Debt Buyer Agrees to Pay $2.5 Million for Alleged Consumer Deception

Firm Also Will Notify Consumers with "Time-Barred" Debt That It Will Not Sue to Collect

Federal Trade Commission / www.ftc.gov

One of the nation's largest consumer debt buyers has agreed to pay a $2.5 million civil penalty to settle Federal Trade Commission charges that it made a range of misrepresentations when trying to collect old debts. In addition, the company, Asset Acceptance, LLC, has agreed to tell consumers whose debt may be too old to be legally enforceable that it will not sue to collect on that debt.

The proposed settlement order resolving the agency's charges also requires that when consumers dispute the accuracy of a debt, Asset Acceptance must investigate the dispute, ensuring that it has a reasonable basis for its claims the consumer owes the debt, before continuing its collection efforts. The proposed order also bars the company from placing debt on consumers' credit reports without notifying them about the negative report. The U.S. Department of Justice filed the proposed settlement order this week at the FTC's request.

“Most consumers do not know their legal rights with respect to collection of old debts past the statute of limitations,” said David Vladeck, Director of the FTC’s Bureau of Consumer Protection. “When a collector tells a consumer that she owes money and demands payment, it may create the misleading impression that the collector can sue the consumer in court to collect that debt. This FTC settlement signals that, even with old debt, the prohibitions against deceptive and unfair collection methods apply.”

The FTC's action – alleging that Asset Acceptance violated the FTC Act, the Fair Debt Collection Practices Act, and the Fair Credit Reporting Act – is part of the FTC's continuing efforts to protect consumers adversely affected by the struggling economy. The agency today also issued a new publication for consumers, "Time-Barred Debts: Understanding Your Rights When It Comes to Old Debts".

Michigan-based Asset Acceptance buys unpaid debts from credit originators such as credit card companies, health clubs, and telecommunications and utilities providers, as well as other debt buyers, and attempts to collect them. Asset Acceptance has purchased tens of millions of consumer accounts for pennies on the dollar. It targets accounts that other collectors have pursued and are more than a year past due, and in some cases attempts to collect debt that is more than 10 years old. Some of this debt is too old to be legally enforceable – state statutes of limitations cut off the right to sue to collect the debt after some period of time has passed, depending on the state and the type of debt. And many consumers do not know that making a partial payment of a debt may reset the state law's clock on the collector's ability to take legal action.

The FTC's nine-count complaint charged Asset Acceptance with:

  • misrepresenting that consumers owed a debt when it could not substantiate its representations;
  • failing to disclose that debts are too old to be legally enforceable or that a partial payment would extend the time a debt could be legally enforceable;
  • providing information to credit reporting agencies, while knowing or having reasonable cause to believe that the information was inaccurate;
  • failing to notify consumers in writing that it provided negative information to a credit reporting agency;
  • failing to conduct a reasonable investigation when it received a notice of dispute from a credit reporting agency;
  • repeatedly calling third parties who do not owe a debt;
  • informing third parties about a debt;
  • using illegal debt-collection practices, including misrepresenting the character, amount, or legal status of a debt; providing inaccurate information to credit reporting agencies; and making false representations to collect a debt; and
  • failing to provide verification of the debt and continuing to attempt to collect a debt when it is disputed by the consumer.

The proposed settlement requires that when Asset Acceptance knows or should know debt may not be legally enforceable under state law – often referred to as "time-barred" debt – it must disclose to the consumer that it will not sue on the debt and, if true, that it may report nonpayment to the credit reporting agencies. Once it has made that disclosure, it may not sue the consumer, even if the consumer makes a partial payment that otherwise would make the debt no longer time-barred.

The order also prohibits the company from:

  • Making any material misrepresentation to consumers and making any representation that a consumer owes a particular debt, or as to the amount of the debt, unless it has a reasonable basis for the representation. To ensure it has such a basis, the order requires Asset Acceptance to investigate consumer disputes before continuing collection efforts;
  • "Parking" – or placing – debt on a consumer's credit report when it has failed to notify the consumer in writing about the negative report, and;
  • Violating the Fair Credit Reporting Act and the Fair Debt Collection Practices Act, in the ways alleged in the complaint.

The FTC has issued a new publication to help consumers understand how debt collectors attempt to collect old debts, along with their rights in these cases. "Time-Barred Debts: Understanding Your Rights When It Comes to Old Debts" provides information on when a debt is too old for a collector to sue, what consumers should do if a debt collector calls about a time-barred debt, and whether a consumer should pay a debt that's considered time-barred. It also provides advice on what consumers should do if they are sued for a time-barred debt, including defending themselves in court and asserting their rights under the Fair Debt Collection Practices Act. Finally, it has links to other FTC publications and videos about dealing with debt.

The Commission vote authorizing the staff to refer the complaint to the Department of Justice was 4-1, and the vote to approve the proposed consent decree, was 3-1, with Commissioner J. Thomas Rosch voting no for both. The DOJ filed the complaint and proposed consent decree on behalf of the Commission in U.S. District Court for the Middle District of Florida today. The proposed consent decree is subject to court approval.

NOTE: The Commission authorizes the filing of a complaint when it has "reason to believe" that the law has been or is being violated, and it appears to the Commission that a proceeding is in the public interest. The complaint is not a finding or ruling that the defendant has actually violated the law. This consent decree is for settlement purposes only and does not constitute an admission by the defendant of a law violation. Consent decrees have the force of law when signed by the District Court judge.

 


 

Special Agents and Officers Seize more than $4.8 Million in Fake NFL Merchandise and Seize 307 Websites During 'Operation Fake Sweep'

U.S. Immigration and Customs Enforcements (ICE) / www.ice.gov

INDIANAPOLIS — Speaking at a National Football League (NFL) news conference on Thursday, U.S. Immigration and Customs Enforcement (ICE) Director John Morton, U.S. Customs and Border Protection (CBP) Director of Field Operations in Chicago David Murphy and NFL Vice President for Legal Affairs Anastasia Danias announced the record-breaking results of a nationwide enforcement operation targeting stores, flea markets and street vendors selling counterfeit game-related sportswear throughout the country. Special agents and officers also targeted illegal counterfeit imports into the United States, and seized hundreds of websites engaged in counterfeiting and piracy online. The initiative, dubbed Operation Fake Sweep, commenced Oct. 1, 2011.

Fake jerseys, ball caps, t-shirts, jackets and other souvenirs are among the counterfeit merchandise and clothing confiscated by teams comprised of: ICE's Homeland Security Investigations (HSI), U.S. Customs and Border Protection (CBP), U.S. Postal Inspection Service (USPIS), Indianapolis Metropolitan Police Department and the Indiana State Police – all in partnership with the NFL.

'Hard goods' seizures

Special agents from HSI and officers with CBP operated in multiple teams with the NFL and various law enforcement agencies throughout the nation to identify illegal shipments imported into the U.S., as well as stores and vendors selling counterfeit trademarked items. With three days left before Super Bowl XLVI, these teams have already seized 42,692 items of phony Super Bowl-related memorabilia along with other counterfeit items to date for a total take of more than $4.8 million – up from $3.72 million last year.

During this operation, an additional 22,570 items of counterfeit merchandise and clothing representing other sports leagues, including Major League Baseball, National Basketball Association and National Hockey League were seized by law enforcement. In total, this operation netted 65,262 counterfeit items worth $6.4 million.

"While most people are focusing on whether the Patriots or Giants will win on Sunday, we at ICE have our sights on a different type of victory: defeating the international counterfeiting rings that illegally profit off of this event, the NFL, its players and sports fans," said ICE Director Morton. "In sports, players must abide by rules of the game, and in life, individuals must follow the laws of the land. Our message is simple: abiding by intellectual property rights laws is not optional; it's the law."

"The NFL is committed to protecting fans and local businesses from being victimized by counterfeiters who are looking to profit illegally off of the public's enthusiasm for the NFL," said NFL Vice President Danias. "We are grateful for Homeland Security Investigations' tireless efforts in combating intellectual property theft and are pleased to be working along with them and the Indianapolis Metropolitan Police Department on this important issue."

Website seizures

Furthering HSI efforts to combat counterfeiting and piracy online, special agents seized a total of 307 websites. Sixteen of the sites illegally streamed live sporting telecasts over the Internet, including NFL games. Two hundred ninety-one website domain names were illegally selling and distributing counterfeit merchandise.

Additionally, Yonjo Quiroa, 28, of Comstock Park, Mich., was arrested Wednesday by special agents with HSI. He is charged with one count of criminal infringement of a copyright related to his operation of websites that illegally streamed live sporting event telecasts and pay-per-view events over the Internet. Quiroa operated nine of the 16 streaming websites that were seized, and he operated them from his home in Michigan until yesterday's arrest.

The website seizures during Operation Fake Sweep represent the 10th phase of Operation In Our Sites, a sustained law enforcement initiative targeting counterfeiting and piracy on the Internet. The 307 websites are in the process of being seized by law enforcement, and will soon be in the custody of the federal government. Visitors to these websites will then find a seizure banner that notifies them that the domain name has been seized by federal authorities and educates them that willful copyright infringement is a federal crime.

American business is threatened by those who pirate copyrighted material and produce counterfeit trademarked goods. Criminals are attempting to steal American ideas and products and sell them over the Internet, in flea markets, in legitimate retail outlets and elsewhere. Intellectual property (IP) thieves undermine the U.S. economy and jeopardize public safety. American jobs are being lost, American innovation is being diluted - and organized criminal enterprises are profiting from their increasing involvement in IP theft.

Since the launch of Operation In Our Sites in June 2010, the HSI-led National Intellectual Property Rights Coordination Center (IPR Center) has seized a total of 669 domain names.

Operation Fake Sweep continues

Operation Fake Sweep will continue this weekend at Super Bowl events and venues throughout the Indianapolis-area and around the nation.

HSI, CBP, USPIS and other law enforcement agencies partnered with the HSI-led IPR Center to combat intellectual property theft, including the illegal use of registered trademarks, trade names and copyrights of NFL Super Bowl XLVI merchandise. The IPR Center is one of the U.S. government's key weapons in the fight against criminal counterfeiting and piracy. The IPR Center uses the expertise of its 20 member agencies to share information, develop initiatives, coordinate enforcement actions and conduct investigations related to IP theft. Through this strategic interagency partnership, the IPR Center protects the public's health and safety, the U.S. economy and the war fighters.

The operation was spearheaded by the IPR Center in coordination with the Department of Justice's Computer Crime & Intellectual Property Section (CCIPS) and seven U.S. Attorneys' Offices, including: District of Colorado, District of Maryland, District of Minnesota, Western District of Michigan, Southern District of New York, Southern District of Texas and Western District of Texas.

To report IP theft or to learn more about the IPR Center, visit www.IPRCenter.gov

 


 

 

From the Archives: President Obama Signs the Lilly Ledbetter Fair Pay Act

The White House / www.whitehouse.gov

On January 29, 2009, President Obama signed his very first piece of legislation: the Lilly Ledbetter Fair Pay Act. The law, named after a woman who discovered her employer was paying her less than men doing the same job, makes it easier for Mrs. Ledbetter and others like her to effectively challenge unequal pay.

Lilly Ledbetter took her pay discrimination complaint all the way to the Supreme Court, which ruled in 2007 that claims like hers had to be filed within 180 days of an employer’s decision to pay a worker less—even if the worker didn’t learn about the unfair pay until much later, as was the case for Mrs. Ledbetter .

To make sure that people can effectively challenge unequal pay, the law President Obama signed shortly after taking office amended the Civil Rights Act of 1964 so that unfair pay complaints can be filed within 180 days of a discriminatory paycheck—and that 180 days resets after each paycheck is issued.

Watch the video above from the bill’s signing to hear Mrs. Ledbetter’s thoughts about what the new law means to her.

 
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