- The Port of Long Beach administrative offices will be closed Friday for New Year's Day. Normal business hours will resume Monday, Jan. 4, 2016. Happy New Year!
- PNCT Holiday closures: Thu 12/31 and Fri 1/01
U.S. Customs & Border Protection Savannah Showcases Significant Seizures and Safety Violations
U.S. Customs & Border Protection
SAVANNAH, Ga. — U.S. Customs and Border Protection (CBP) Office of Field Operations, (OFO) at the Area Port of Savannah recently hosted an event showcasing the various items seized throughout the year.
The Area Port of Savanah, home of the 4th busiest container port in the United States, showcased a collection of significant cargo related seizures that violated import requirements, primarily import safety standards.
Over the past year, CBP officers, working in conjunction with the Consumer Products Safety Commission and Homeland Security Investigations, seized toy break away benches, fashion dolls, little digger play sets, archery play sets, blow dart shooters, street tech chopper motorcycles, toy ducks, toy alligators, wooden crossbows, RC cars, and many more items for violations of safety standards.
The showcased items were valued in excess of $1 million.
“These seizures demonstrate the commitment Customs and Border Protection has with its partner agencies to work and to help keep the American public safe," said Lisa Brown, CBP Area Port Director for the Port of Savannah. "Ensuring the safety of imported merchandise is a top priority for CBP.”
Suspicious trade activities can be reported through the CBP e-Allegations website.
Norfolk, Va CBP Officers Seize Counterfeit Hoverboards with Potentially Dangerous Batteries
U.S. Customs & Border Protection
NORFOLK, Va. - While consumers around the world are in the midst of their holiday shopping, looking for that perfect gift for family, friends, coworkers, and clients, U.S. Customs and Border Protection (CBP) officers at the Port of Norfolk, Va., are working to protect American consumers. These efforts have led to the seizure of 445 hoverboards with counterfeit trademarks, and fake, potentially dangerous batteries.
CBP officers inspected a shipping container and discovered hoverboards containing batteries, manufactured in China and displaying the “Samsung” trademark. CBP determined that the mark was counterfeit and seized all 445 items on Wednesday.
The seized hoverboard shipment has a manufacturer’s suggested retail price of more than $171,000.
Hoverboards—self-balancing, two-wheeled, motorized platforms—are one of this year’s most popular items. However, major safety concerns have surfaced following reports of fires possibly caused by substandard and counterfeit batteries within some hoverboards.
Counterfeit and pirated products threaten our economic security and undermine legitimate businesses that invest significant resources into manufacturing safe, quality products. Even worse, these products often pose serious health and safety hazards to the people who buy and use them.
"Enforcing product safety laws and protecting intellectual property rights are top priorities for U.S. Customs and Border Protection. By seizing untested and potentially hazardous products at our nation's borders, CBP officers protect the American consumer and contribute to a safe holiday season," said Mark J. Laria, CBP Area Port Director for the Port of Norfolk.
CBP’s vigilant enforcement of Intellectual Property Rights protects America’s businesses against the threat of unfair and illicit competition from foreign companies, and prevents goods that may be dangerous to consumers or national security from entering the United States.
If you are aware of or suspect a company or individual of infringing your trademark or copyright, please report the trade violation to CBP at e-Allegations Online Trade Violation Reporting System. Trade violations can also be reported by calling 1-800-BE-ALERT. Consumers may reference the UL website (www.ul.com) for additional information.
FTC Issues Final Amendments to Fuel Rating Rule
Federal Trade Commission
The Federal Trade Commission has announced final amendments to its Fuel Rating Rule.
The Rule determines the fuel rating that appears on fuel pump labels, how octane levels are calculated, and helps drivers make informed decisions about what fuel to use when they fill up their vehicles.
In April 2014, the Commission published a Notice of Proposed Rulemaking seeking public comment on new rating, certification, and labeling requirements for gasoline blends with more than 10 percent ethanol, known as ethanol blends; and an alternative method to determine the octane rating of gasoline, which is known as infrared spectrophotometry.
The Commission considered the comments received in response as well as recent Environmental Protection Agency decisions on ethanol blends. The final amendments require that fuel marketers rate and certify all ethanol blends with ethanol content ranging from above 10 percent to 83 percent. They also require that retailers post labels with ethanol percentage disclosures and with the statement: “Use only in Flex-Fuel Vehicles/May Harm Other Engines.” They do not adopt the alternative method of determining the octane rating of gasoline.
The Commission vote to approve the Federal Register Notice announcing the final amendments was 4-0. (FTC File No. R811005, Docket No. 57942; the staff contact is Richard Michael Waller, Bureau of Consumer Protection, 202-326-2902)
FTC Seeks Comment on Proposed Changes to Its Jewelry Guides
Federal Trade Commission
The Guides (formally, the “Guides for the Jewelry, Precious Metals, and Pewter Industries”) provide advice to businesses on how to avoid making deceptive claims about precious metal, pewter, diamond, gemstone, and pearl products, and when to provide certain types of disclosures about the products.
In 2012, as part of its systematic review of its rules and guides, the Commission sought public comment on the Guides’ costs and benefits, and on whether they should be repealed, amended, or retained in their current form. It also requested comments on specific issues concerning composite gemstones, pearls, diamonds, and precious metal alloys, as well as comments regarding any other issues or concerns about the Guides.
Based on comments received, and on information obtained during a public roundtable in June 2013, the FTC proposes revisions to the Guides regarding below-threshold alloys, precious metal content of products containing more than one precious metal, surface application of precious metals, lead-glass filled stones, “cultured” diamonds, pearl treatments, varietals, and misuse of the word “gem.”
The Commission vote approving the Notice of Proposed Revisions to the Guides for the Jewelry, Precious Metals, and Pewter Industries was 4-0. It will be published in the Federal Register soon. Instructions for filing comments appear in the Federal Register Notice. Comments must be received on or before April 4, 2016. All comments received will be posted on the FTC’s website. (FTC File No. G711001; the staff contact is Laura Koss, Bureau of Consumer Protection, 202-326-2890)
National Highway Traffic Safety Administration Fines BMW $40 Million for Failing to Meet Safety Requirements
National Highway Traffic Administration
WASHINGTON – The U.S. Department of Transportation’s National Highway Traffic Safety Administration has imposed a $40 million civil penalty and a series of performance requirements to automaker BMW North America for a series of violations of the Motor Vehicle Safety Act and NHTSA regulations.
Under terms of a Consent Order issued to BMW, the company acknowledges that it violated requirements to issue a timely recall of vehicles that did not comply with minimum crash protection standards, to notify owners of recalls in a timely fashion, and to provide accurate information about its recalls to NHTSA. NHTSA imposed a $3 million civil penalty to BMW in 2012 for similar violations.
“NHTSA has discovered multiple instances in which BMW failed its obligations to its customers, to the public and to safety,” said U.S. Transportation Secretary Anthony Foxx. “The Consent Order NHTSA has issued not only penalizes this misconduct, it requires BMW to take a series of steps to remedy the practices and procedures that led to these violations.”
The Consent Order resolves a NHTSA investigation into whether the company failed to issue a recall within five days of learning that 2014 and 2015 Mini Cooper models failed to meet regulatory minimums for side-impact crash protection.
In Oct. 2014, a Mini 2 Door Hardtop Cooper failed a crash test designed to determine whether the vehicle met crash-protection minimums. The company responded that the vehicle was listed with an incorrect weight and would pass the test if conducted at the proper weight rating, but agreed to conduct a recall to correct the incorrect weight rating on the vehicle’s Tire Information Placard and to conduct a voluntary service campaign, short of a recall, to add additional side-impact protection.
In July 2015, NHTSA conducted a second crash test at the corrected weight rating on a vehicle with the additional side-impact protection, and the vehicle again failed. At that time, NHTSA learned that BMW had not launched the service campaign it had agreed to conduct. Under the Consent Order, BMW acknowledges that it failed to recall the noncompliant vehicles in a timely fashion. It also acknowledges additional violations discovered in NHTSA’s investigation, including failing in multiple recalls since its 2012 consent order to notify owners and dealers of recalls in a timely fashion and to provide required quarterly recall completion reports on time.
“The requirement to launch recalls and inform consumers in a timely fashion when a safety defect or noncompliance is discovered is fundamental to our system for protecting the traveling public. This is a must-do,” said NHTSA Administrator Mark Rosekind. “For the second time in three years, BMW has been penalized for failing to meet that obligation. The company must take this opportunity to reform its procedures and its culture to put safety where it belongs: at the top of its priority list.”
The order’s $40 million civil penalty includes $10 million due in cash, a requirement that the company spend at least $10 million meeting the order’s performance obligations, and $20 million in deferred penalties that will come due if the company fails to comply with the Order or commits other safety violations.
In addition to paying the civil penalties, BMW must:
- Retain a NHTSA-approved independent safety consultant to help the company develop best practices for complying with the Motor Vehicle Safety Act and NHTSA regulations and submit those best practices to NHTSA.
- Evaluate, under the independent consultant’s guidance, all safety or compliance-related issues under the company’s review and provide a monthly written report to NHTSA on those issues.
- Launch a pilot program to determine whether the company can use data analytics capabilities to detect emerging safety-related defect trends.
- Establish a plan to deter BMW dealers from selling new vehicles with unremedied safety defects, a requirement stemming from the fact that during NHTSA’s investigation, a NHTSA representative purchased a new vehicle with an open safety recall from a BMW dealer.
Comment Period on Use of the Term “Natural” on Food Labeling Extended Until May 10, 2016
Food & Drug Administration
In direct response to requests from the public, the FDA has extended the comment period for the Use of the Term “Natural” on Food Labeling. The comment period will now end on May 10, 2016. Due to the complexity of this issue, the FDA is committed to providing the public with more time to submit comments. The FDA will thoroughly review all public comments and information submitted before determining its next steps.
For more information:
"Natural" on Food Labeling