CPSC Receives Petition Requesting Amendments to the Standard for the Flammability of Clothing Textiles
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP - David Evan / http://gdlsk.com/
In a Federal Register notice dated April 8, 2015, the Consumer Product Safety Commission (CPSC) is seeking comments concerning a petition it received requesting changes to the clothing textile flammability standard.
The petitioner claims that the current pre-test conditioning requirements for textile samples are not appropriate for silk fabrics, thereby resulting in higher failure rates for such fabrics. The petitioner is therefore requesting the CPSC to change the standard to require that all clothing textiles samples, including silk, be conditioned at a lower temperature and at a higher level of humidity. Comments are due on June 8, 2015.
CBP Seizes Counterfeit Clothes in Luggage
U.S. Customs & Border Protection / http://www.cbp.gov/newsroom/local-media-release/2015-04-08-000000/cbp-seizes-counterfeit-clothes-luggage
Officers unpack passenger's attempt to bypass importing rules
DALLAS, Texas -- U.S. Customs and Border Protection officers working at the Dallas Fort Worth International Airport seized 220 clothing items with a Manufacturer’s Suggested Retail Price of just over $22,000 found in a passenger’s checked luggage.
CBP officers conducted an inspection of a passenger arriving from Vietnam with six checked bags and discovered multiple clothing items in commercial quantities that appeared to be counterfeit, violating intellectual property rights.
The counterfeit items included 82 different Adidas products ranging from tank tops to windbreakers, 36 different Abercrombie items, 65 Chanel pieces, 12 Nike sweatshirts, 15 Ralph Lauren items, and an assortment of other name brand designers. The seized items did not appear to be of the quality consistent with legitimate goods as the items included unusual lettering and labeling and the markings on the clothing were not manufactured by the trademark holders.
“Counterfeit items even in small quantities is an IPR violation and adversely affects unsuspecting consumers, businesses and our economy,” said Port Director Cleatus Hunt. “This type of seizure typically occurs through other commercial shipping means, however, we will take any opportunity to intercept the smuggling of counterfeit goods. This seizure in the airport environment represents our commitment to enforcing priority trade issues.”
CBP targets and seizes imports of counterfeit and pirated goods, and enforces exclusion orders on patent-infringing and other IPR violative goods. In fiscal year 2014, CBP and Homeland Security Investigations recorded more than 23,000 seizures worth an estimated $1.2 billion. The number one counterfeit commodity seized was wearing apparel and accessories.
The IPR 2014 report provides seizure statistics including the top 10 counterfeit items and their estimated value.
CBP, ICE HSI Report $1.2 Billion in Counterfeit Seizures in 2014
US Customs & Border Protection / http://www.cbp.gov/newsroom/national-media-release/2015-04-02-000000/cbp-ice-hsi-report-12-billion-counterfeit-seizures
WASHINGTON — U.S. Customs and Border Protection (CBP) and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) today announced the fiscal year 2014 results of an aggressive enforcement program to protect the United States from counterfeit and pirated goods. CBP and HSI are the components within the Department of Homeland Security (DHS) responsible for the enforcement of intellectual property rights (IPR).
“Protecting intellectual property rights is a critical part of CBP’s trade enforcement mission and critical to protecting American consumers,” said Commissioner R. Gil Kerlikowske. “In 2014, strong partnerships with our federal enforcement counterparts, effective targeting of high risk shipments and frontline interceptions of cargo at America’s ports of entry produced more than 23,000 seizures of fake products worth an estimated $1.2 billion that could have cheated or threatened the health of American consumers.”
“These results are a testament to the efforts of the men and women of the Department of Homeland Security, and the increased collaboration fostered by the IPR Center,” said ICE’s Director Sarah Saldaña. “To be clear, intellectual property theft is not a victimless crime. The victims are American businesses, and the employees whose jobs are dependent on IP-intensive industries. Counterfeiting is a crime of global proportions, and when property rights are violated, American jobs are lost, business profits are stolen and ultimately, consumers are cheated.”
In fiscal year 2014, there were 23,140 intellectual property rights seizures with an estimated manufacturer’s suggested retail price or MSRP of $1.2 billion, the value of the goods had they been genuine. In addition, 144 shipments of circumvention devices were seized for violation of the Digital Millennium Copyright Act. CBP also enforced 44 exclusion orders in fiscal year 2014. Since 2007, CBP has identified intellectual property rights enforcement as a priority trade mission. Although IPR seizures declined slightly in 2014 from 2013, CBP recorded its third busiest year for seizures since 2005.
The top ten counterfeit commodities seized are:
1.Wearing apparel/accessories
2.Consumer electronics
3.Pharmaceuticals/personal care
4.Handbags/wallets
5.Footwear
6.Watches/jewelry
7.Optical media
8.Computers/accessories
9.Labels/tags
10.Toys
Wearing apparel and accessories continue to be the number one commodity classification based on number of seizures with 7,922 seizures or 28 percent. Watches and jewelry are the largest commodity classification by value with an estimated MSRP of $375 million or 31 percent.
The People’s Republic of China remains the primary source economy for counterfeit and pirated goods seized with a total value of $772 million, representing 63 percent of all IPR seizures by MSRP. Hong Kong ranks second with $310 million or 25 percent.
Tactical interagency collaboration with the HSI-led National Intellectual Property Rights Coordination Center (IPR Center) resulted in 683 arrests, with 454 indictments and 461 convictions.
The National 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 harnesses the tactical expertise of its 23 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.
CBP and HSI protect businesses and consumers every day through an aggressive IPR enforcement program. CBP targets and seizes imports of counterfeit and pirated goods, and enforces exclusion orders on patent-infringing and other IPR violative goods.
U Drive. U Text. U Pay. Campaign Cracks Down on Distracted Driving
Department of Transportation / http://www.dot.gov/briefing-room/u-drive-u-text-u-pay-campaign-cracks-down-distracted-driving
WASHINGTON – U.S. Transportation Secretary Anthony Foxx today kicked off Distracted Driving Awareness month, which began April 1, by announcing the “U Drive. U Text. U Pay.” National Distracted Driving Enforcement Campaign. From April 10-15, state and local law enforcement will aggressively ticket drivers who are texting or using their mobile devices when behind the wheel. The Secretary made the announcement in Washington, D.C., where young drivers demonstrated the dangers of distracted driving on a temporary test track. Secretary Foxx was joined by Mark Rosekind, Administrator of the National Highway Traffic Safety Administration (NHTSA).
“Distracted driving kills, there is no excuse for it, and it must stop,” said Secretary Foxx. “Across the country, we’re putting distracted drivers on notice: U Drive. U Text. U Pay. Texting and driving will at least cost you the price of a ticket but it could very well cost you your life or someone else’s.”
Based on fatal accident reports, NHTSA data shows that at least 3,154 people were killed in crashes involving all distracted drivers in 2013, including those who were texting and driving. NHTSA estimates that 424,000 Americans were injured in all distraction-affected crashes in 2013.
Key statistical findings in NHTSA’s new Distracted Driving Traffic Safety Facts and Teen Distracted Driver fact sheet include:
- 10 percent of fatal crashes, 18 percent of injury crashes, and 16 percent of all motor vehicle traffic crashes in 2013 were reported as distraction-affected crashes, which are defined as any crash in which a driver was identified as distracted at the time of the crash.
- 10 percent of all drivers 15 to 19 years old involved in fatal crashes were reported as distracted at the time of the crashes. This age group has the largest proportion of drivers who were distracted at the time of the crash.
- 244 Americans aged 15 to 19 were killed in distraction-affected crashes.
- In 2013, there were 480 non-occupants killed in distraction-affected crashes.
“Young people need to understand the dangers of texting and driving before it kills them or someone they love,” said Administrator Rosekind. “It’s up to us as parents to set the right example by never texting and driving ourselves, and by laying down the law for our young drivers: no texting behind the wheel or no keys to the car. These are driving safety lessons that young drivers will carry with them throughout their lives.”
Chief David W. Ennis of the United States Naval Academy Police Department also shared his experience of ticketing drivers for distracted driving, and discussed the consequences of distracted driving crashes. Chief Ennis spoke on behalf of thousands of law enforcement personnel nationwide who are using traditional and innovative strategies to crack down on motorists who text and drive.
The awareness effort is supported by a $5 million national television, radio and digital advertising campaign, which runs from April 6-15, and reminds the public of the deadly consequences of distracted driving, and the financial penalties for violating state distracted driving laws. Ads will run in English and Spanish.
Forty-five states, the District of Columbia, Puerto Rico, Guam and the U.S. Virgin Islands ban text messaging for drivers of all ages; 14 states and territories prohibit drivers of all ages from using hand-held cell phones while driving; and 38 states plus the District of Columbia ban cell phone use by novice drivers. Two states, Oklahoma and Texas, restrict school bus drivers from texting.
To prevent distracted driving, motorists are urged to:
- Turn off electronic devices and put them out of reach before starting to drive.
- Be good role models for young drivers and set a good example. Talk with your teens about responsible driving.
- Speak up when you are a passenger and your driver uses an electronic device while driving. Offer to make the call for the driver, so his or her full attention stays on the driving task.
- Always wear your seat belt. Seat belts are the best defense against other unsafe drivers.
Heroin Found in Seat Cushion By CBP at JFK
U.S. Customs & Border Protection / http://www.cbp.gov/newsroom/local-media-release/2015-04-03-000000/heroin-found-seat-cushion-cbp-jfk
JAMAICA, N.Y. — U. S. Customs and Border Protection officers in New York are always discovering new concealment methods. Hiding heroin in a seat cushion is another unscrupulous way a smuggler will attempt to transport illegal drugs into the United States.
On March 26, Mr. Esteban Antonio Ortiz Ramos, a Guatemalan citizen, arrived at John F. Kennedy International Airport from Guatemala via San Salvador, El Salvador and presented himself for inspection.
CBP officers identified a bag belonging to Mr. Ortiz Ramos and brought it to a search room for further examination. CBP officers found a seat cushion in the bag. When probed, the seat cushion revealed a brown powdery substance that tested positive for heroin.
A total weight of approximately 2 lbs. of heroin was seized, which CBP estimates the street value to be more than $66,000 based on the latest DEA statistics.
“This seizure is just another example of our CBP officers being ever vigilant in protecting the United States from the distribution of these illicit drugs,” said Robert E. Perez, Director of CBP’s New York Field Operations.
CBP officers placed him under arrest and turned him over to Homeland Security Investigations. He now faces federal narcotics smuggling charges and will be prosecuted by the U.S. Attorney’s Office in the U.S. Eastern District Court of New York. All defendants are considered innocent until proven guilty.
ICE Warns MLB Fans about Fake Tickets, Merchandise
U.S. Immigration & Customs Enforcement (ICE) / http://www.ice.gov/news/releases/ice-warns-mlb-fans-about-fake-tickets-merchandise
As baseball fans welcome in another season, U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) is warning the public to beware of counterfeit merchandise and tickets.
Fake jerseys, ball caps, t-shirts, jackets and other souvenirs are among the counterfeit merchandise and clothing typically sold at and around ballparks across the country. Additionally, authorities have seen an increase in the sale of counterfeit tickets being sold at these events. Large sporting events are prime targets for counterfeiters, many of whom travel the country with the sole intention of scamming innocent sports fans.
Although counterfeiters are becoming increasingly more sophisticated, fans can keep several key factors in mind when making purchases to avoid being victimized:
- Purchase tickets and memorabilia at authorized retail locations and licensed online vendors, such as the official team stores, rather than buying items from street vendors, flea markets, online auctions or other questionable sources
- Look out for ripped tags or irregular markings on apparel
- If the price seems too good to be true, it probably is. However, while some counterfeiters may attract fans with a low price tag or two-for-one deal, just as many try to legitimize their merchandise with a higher price point. Purchasing merchandise from authorized dealers helps guarantee the product and provides a reputable source for concerns, returns and exchanges.
As the largest investigative arm of the Department of Homeland Security, HSI plays a leading role in targeting criminal organizations responsible for producing, smuggling and distributing counterfeit products. HSI focuses not only on keeping counterfeit products off U.S. streets, but also on dismantling the criminal organizations behind this activity.
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.