Reminder: CBP is to "Begin Full ISF Enforcement" -
Effective May 15, 2015
CBP is to “Begin Full ISF Enforcement,' – effective May 15, 2015. Which means that, as of May 15th, US Customs will start giving fines of up to $5000 when ISF is late or wrong. We have been warned that this day would come, but now it is here. So it is EXTREMELY important for ISF to be sent:
- AT LEAST 48 HOURS PRIOR TO SAILING
- BL NUMBER ABSOLUTELY NEEDS TO BE CORRECT (with SCAC code, no typo. Please make sure AMS is filed with that same BL number in order to have a match)
- ALL INFORMATION NEEDS TO BE ACCURATE (ETS, ETA, shipper info, loading address, FDA registration number, etc)
On top of this new implementation, containers with wrong/late ISF will continue to be targeted for Customs exams and this will continue to negatively affect our record with US Customs.
Also if there is an AMS # assigned to the MBL # it must be on the ISF. This is then used for ISF filing instead of the MBL #.
Please confirm your understanding and cooperation to make sure ISF entries are made on time and with correct information.
Pilot Program Will Test Expedited Procedures for USITC Modification and Advisory Opinion Proceedings
U.S. International Trade Commission / http://www.usitc.gov/press_room/featured_news/pilot_program_will_test_expedited_procedures_usitc.htm
U.S. importers, would-be importers, and intellectual property rights holders have expressed concern in recent years about how to obtain timely, transparent, and binding decisions on whether new and redesigned products are covered by remedial orders issued by the USITC following a violation of section 337.
In an effort to clarify their options, and as part of its continuing efforts to improve its section 337 investigation processes, the USITC has launched a pilot program to test the use of expedited procedures for the Commission to evaluate and rule on new and redesigned products in modification and advisory opinion proceedings.
While these proceedings have been available for years, the Commission is seeking to improve and expedite them to better meet the needs of those affected by remedial orders.
Background: U.S. Customs and Border Protection (Customs) has the primary role in enforcing Commission exclusion orders (but not consent or cease and desist orders) at U.S. ports of entry.
The USITC also provides post-order procedures to help ensure proper enforcement of its exclusion, consent, and cease and desist orders. These procedures include modification proceedings and advisory opinion proceedings. (Enforcement proceedings are also available, but are not a subject of this pilot program.)
- Modification proceedings: Modification proceedings are instituted to determine whether an the scope of an existing remedial order should be modified based on changed circumstances of fact or law. The Commission can determine whether a redesigned or new product is covered by an existing exclusion, consent, or cease and desist order and whether the order should provide a “carve-out” for the redesigned or new product. Modification proceedings are transparent, allow participation by all parties involved in the underlying investigation, and result in an evidence-based determination based on a record. Modification proceeding decisions are appealable to the Federal Circuit.
- Advisory opinions: Advisory opinion proceedings result in an advisory opinion from the Commission as to whether importation of a redesigned or new product will violate an existing exclusion, consent, or cease and desist order. Any would-be importer can seek an advisory opinion. As with modifications, these proceedings are transparent, involve all parties involved in the underlying investigation, and result in an evidence-based determination based on a record. However, advisory opinions are not appealable.
The Pilot Program: The pilot will test an expedited administrative process in these proceedings.
- Under the pilot program, a modification proceeding may be commenced by filing a petition with the Commission alleging facts concerning whether a redesigned or new product is covered by an existing exclusion, consent, or cease and desist order and addressing whether the order should provide a “carve-out” for the redesigned or new product.
The Commission will evaluate the petition and, if appropriate, institute an investigation to determine whether to modify the order. The Commission notes that would-be importers concerned about whether their products may be covered by a general exclusion order also can take advantage of the modification proceedings.
- Any person may seek an advisory opinion from the Commission as to whether importation of a redesigned or new product will violate an existing exclusion, consent, or cease and desist order.
- For modification proceedings or advisory opinions involving a pure question of law, the Commission’s Office of General Counsel will conduct the proceeding, with the Commission’s final decision normally issued within 60-90 days from the date that the Commission’s notice to conduct the proceeding is published in the Federal Register.
- For modification proceedings or advisory opinions involving minimal factfinding, the Commission’s Office of Unfair Import Investigations will conduct the proceeding, with the Commission’s final decision normally issued within 90-180 days from the date that the Commission’s notice to conduct the proceeding is published in the Federal Register.
- For modification proceedings or advisory opinions that require extensive factfinding, the Commission will refer the matter to an Administrative Law Judge for appropriate proceedings and issuance of an initial ruling. The Commission final decision will issue within 6-9 months from the date that the Commission’s notice to conduct the proceeding is published in the Federal Register.
For more details on the pilot program, see this fact sheet [DOC]. Any questions about the pilot program should be addressed to the USITC’s Office of Unfair Import Investigations at 202-205-2560.
San Juan CBP Agriculture Specialists Intercept Harmful Asian Gypsy Moth
U.S. Customs & Border Protection / http://www.cbp.gov/newsroom/local-media-release/2015-05-14-000000/san-juan-cbp-agriculture-specialists-intercept
SAN JUAN, PR — U.S. Customs and Border Protection agriculture specialists (CBPAS) stationed at San Juan seaport recently intercepted an Asian Gypsy Moth (AGM) egg mass on a ship from Europe. Each of these masses can contain hundreds of eggs of this devastating plant pest.
The interception marks the first time the destructive pest’s eggs have been discovered in Puerto Rico ports.
“CBP’s primary mission is safeguarding America’s borders and protecting the public from dangerous people and materials, while enabling legitimate travel and trade.” said Mirella Couto, CBP’s Acting Director of Field Operations in San Juan. “The introduction of AGM could have devastating effects on our agriculture industry and thus on our economic competitiveness.”Lymantria dispar asiatica (Asian Gypsy Moth)
On May 6, CBPAS assigned to the San Juan Seaport inspected a vessel arriving from Europe. During a deck sweep, the agriculture specialists discovered an egg mass on a surface of the vessel and carefully scraped it off and treated the area.
The egg mass was submitted to U.S. Department of Agriculture, Plant Protection and Quarantine (USDA-PPQ) and the egg mass was determined to be a viable Lymantria dispar asiatica (Asian Gypsy Moth).
CBP has taken a strategic, proactive approach to combat this threat. AGM is a voracious pest that can eat the foliage of more than 600 different species of forest trees, shrubs, and other plants.
This pest is of particular concern because AGM has the potential to spread quickly since the female moth can fly up to 25 miles. If established in the United States, AGM could cause great damage to America’s agriculture and natural resources.
FTC Launches New Resource for Identity Theft Victims
Federal Trade Commission / https://www.ftc.gov/news-events/press-releases/2015/05/ftc-launches-new-resource-identity-theft-victims
The Federal Trade Commission has launched IdentityTheft.gov, a new resource that makes it easier for identity theft victims to report and recover from identity theft. A Spanish version of the site is also available at RobodeIdentidad.gov.
The new website provides an interactive checklist that walks people through the recovery process and helps them understand which recovery steps should be taken upon learning their identity has been stolen. It also provides sample letters and other helpful resources.
In addition, the site offers specialized tips for specific forms of identity theft, including tax-related and medical identity theft. The site also has advice for people who have been notified that their personal information was exposed in a data breach.
Identity theft has been the top consumer complaint reported to the FTC for the past 15 years, and in 2014, the Commission received more than 330,000 complaints from consumers who were victims of identity theft.
Verizon & Sprint to Pay $158 Million to Settle Mobile Cramming Investigations
Federal Communications Commission / https://www.fcc.gov/document/verizon-sprint-pay-158m-settle-illegal-billing-investigations-0
Major enforcement actions will provide current and former customers with refunds for unauthorized third-party charges on customer bills
Washington, D.C. – The Federal Communications Commission’s Enforcement Bureau announced today that Verizon Wireless will pay $90 million and Sprint Corporation will pay $68 million to settle investigations that revealed the companies billed customers millions of dollars in unauthorized third-party premium text messaging services, a practice called “cramming.” With today’s two cramming cases, the FCC, working together with the Consumer Financial Protection Bureau, the Federal Trade Commission, and states’ attorneys general has brought a total of $353 million in penalties and restitution against the U.S.’s four largest wireless carriers, structuring these settlements so that $267.5 million of the total will be returned to affected customers.
“For too long, consumers have been charged on their phone bills for things they did not buy,” said FCC Chairman Tom Wheeler. “We call these fraudulent charges ‘cramming,’ and with today’s agreements we are calling them history for Verizon and Sprint customers.”
“Consumers rightfully expect their monthly phone bills will reflect only those services that they’ve purchased,” said Travis LeBlanc, Chief of the FCC’s Enforcement Bureau. “Today’s settlements put in place strong protections that will prevent consumers from being victimized by these kinds of practices in the future.”
The monthly charge for these third-party premium text messaging services ranged from $0.99 to $14.00, but typically were $9.99 per month. Verizon retained 30% or more of each third-party charge that it billed, while Sprint received approximately 35% of collected revenues for each of its third-party charges. Numerous consumers have complained to the FCC, other government agencies, and the carriers that they never requested or authorized the third-party services for which they were charged. Customers who called to complain were often denied refunds, and yet, when the FCC requested proof that customers had authorized charges, the carriers were unable to prove that these services were ever requested.
Under the terms of the agreements the FCC announced today, Verizon’s $90 million settlement will include a minimum of $70 million to fund a consumer redress program, $16 million for state governments participating in the settlement, and $4 million as a fine paid to the U.S. Treasury. Sprint’s $68 million settlement will include a minimum of $50 million to fund a consumer redress program, $12 million for state governments participating in the settlement, and $6 million as a fine paid to the U.S. Treasury.
The settlements were negotiated in coordination with the Consumer Financial Protection Bureau and the attorneys general of all 50 states and the District of Columbia.
In addition to requiring the carriers pay a total of $158 million, the Enforcement Bureau has also secured strong consumer protections in the settlement that reform both internal processes as well as how the company interacts and discloses information to their consumers.
These protections include requirements that the carriers:
- no longer offer commercial third-party PSMS charges
- obtain informed consent from customers prior to allowing third-party charges
- clearly and conspicuously identify third-party charges on bills
- offer a free service for customers to block all third-party charges
- regularly report to the FCC on compliance and refunds to customers
Placement of unauthorized charges and fees on consumers’ telephone bills is an “unjust and unreasonable” practice that is unlawful under the Communications Act. Since January 2014, the Commission has taken 19 enforcement actions totaling $391 million for cramming violations, including:
- October 2014, AT&T Mobility - $105 million
- December 2014, T-Mobile USA, Inc. - $90 million
Current and former Sprint and Verizon wireless customers should review their bills and contact Sprint and Verizon if they suspect unauthorized third-party charges were wrongly added to their bills.
For more information about the FCC’s rules protecting consumers from unauthorized charges on phone bills, see the FCC consumer guide, Cramming - Unauthorized, Misleading, or Deceptive Charges Placed on Your Telephone Bill.
Hijacked Computer: What to Do
Federal Trade Commission / https://www.ftc.gov/news-events/audio-video/video/hijacked-computer-what-do
Can’t turn your computer on or off? Is it acting up, running slow, opening pages you didn't click, or displaying pop-ups constantly? There's a good chance your computer's been hacked or infected with a virus. Here’s what to do.
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Hacked Email: What to Do
Federal Trade Commission / https://www.ftc.gov/news-events/audio-video/video/hacked-email-what-do
Are your friends and family getting emails from you that you didn't send? Or maybe you want to check your email, but you can't log in? Chances are your email's been hacked. Here’s what to do.
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