Ways and Means Members Unanimously Pass American Manufacturing Competitiveness Act
Committee on Ways and Means
Today (4/20/16) the Ways and Means Committee unanimously voted to pass the American Manufacturing Competitiveness Act of 2016. The bipartisan, bicameral legislation will reform the way the House considers manufacturing tax breaks for certain imported products, helping American manufacturers reduce costs, create jobs, and compete in the global market.
During the markup of the legislation, Ways and Means Chairman Kevin Brady (R-TX) explained:
“We tried to create a very open process and timetable that we’re all very aware of … It’s important here to make the case we are not changing the earmark ban within the house … In this case, it’s a three-step process: Initiating the MTB process through the ITC publicly; the ITC analyzing it and seeking public comment as it has in the past; and step three is the exercise of our constitutional role because it is the Committee that takes those recommendations, puts this in a MTB proposal and begins the regular order that we would with any bill.”
The new MTB process has received broad bipartisan support from groups such as the National Association of Manufacturers, Americans for Tax Reform, the National Taxpayers Union, and a coalition of more than 200 small businesses.
For more information about the American Manufacturing Competitiveness Act of 2016, click here.
CBP, ICE Report More than $1 Billion of Intellectual Property Rights Seizures
U.S. Customs & Border Protection
WASHINGTON — U.S. Customs and Border Protection (CBP) and U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) released their annual report stating that the total number of products seized containing Intellectual Property Rights (IPR) infringements increased nearly 25 percent in fiscal year 2015. The collaboration netted 28,865 seizures of shipments, an increase from 23,140 in fiscal year 2014.
Had these products been genuine, the estimated manufacturer’s suggested retail price (MSRP) of the seized goods would have been over $1.35 billion. This is a ten percent increase in the value of seized goods from the previous fiscal year, which were estimated at $1.23 billion MSRP.
“CBP’s frontline interdictions, steadfast targeting, and close collaboration with ICE and other law enforcement agencies produced a record number of seizures of counterfeit and pirated goods,” said, CBP Commissioner R. Gil Kerlikowske. “The large increase in the number of IPR seizures reflects the hard work and dedication of our people across the country every day.”
“Counterfeit goods present health and safety hazards, threaten the U.S. economy and fund organizations involved in violent crime,” said ICE Director Sarah R. Saldaña. “ICE is committed to working with CBP and our law enforcement partners to protect American jobs and people by stemming the illicit flow of these products into our country and our communities.”
In fiscal year 2015, apparel and accessories along with watches and jewelry were the top two product categories for number of IPR volatile shipments seized. Watches and jewelry along with handbags and wallets were at the top of the list for MSRP value.
Tactical interagency collaboration with the National Intellectual Property Rights Coordination Center (IPR Center) resulted in 538 arrests, with 339 indictments, and 357 convictions.
The People’s Republic of China remained the primary source economy for counterfeit and pirated goods seized, accounting for a total estimated MSRP value of $697 million or 52 percent of the estimated MSRP value of all IPR seizures.
In fiscal year 2016, CBP and HSI will continue to protect businesses and consumers every day through their aggressive IPR border enforcement program. Theft of intellectual property threatens America’s innovation-based economic vitality, business competitiveness, the livelihood of workers, consumer safety, and national security. IPR has been a CBP Priority Trade Issue since 2007, as it represents a high-risk area that has potential to cause significant harm to the U.S. economy and the health and safety of the American people. The Trade Facilitation and Trade Enforcement Act of 2015 provides CBP with new tools to better enforce intellectual property rights, allowing private sector donations of hardware, software, and equipment to supplement IPR enforcement; enhancing CBP’s collaboration with IP rights holders; improving targeting through the interagency IPR Center; and strengthening international partnerships to stop counterfeiting at the source.
If you are aware of or suspect a company or individual of infringing your trademark or copyright, please report the trade violation to e-Allegations Online Trade Violation Reporting System or by calling 1-800-BE-ALERT. IPR violations can also be reported to the IPR Center at https://www.iprcenter.gov/referral/ or by telephone at 1-866-IPR-2060.
Rochester CBP Seizes More Than $1 Million in Counterfeit Merchandise
U.S. Customs Border & Protection
ROCHESTER, N.Y. — U.S. Customs and Border Protection Office of Field Operations at the Port of Rochester announced today that officers have made over 350 seizures in the past six months, valued at more than $1 million.
"Our officers and import specialists have done an excellent job targeting shipments and identifying counterfeit items,” said Acting Director Rose Hilmey of the Buffalo Field Office. “CBP protects businesses and consumers every day with an aggressive intellectual property rights enforcement program.”
A wide range of counterfeit products were seized, including counterfeit sports jerseys, clothing, gaming system accessories, purses and bags, vehicle airbags, sunglasses, and perfume. Products infringed on brands including Chanel, Michael Kors, Adidas, Oakley, NFL, NHL, MLB, Gucci, along with others.
In February 2016, The Trade Facilitation and Trade Enforcement Act of 2015 was signed into law which highlighted IPR as a priority trade initiative.
Products that infringe on U.S. trademarks, copyrights, and patents threaten the health and safety of American consumers, the economy, and national security. CBP and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations continue IPR enforcement against illicit imports.
"Criminal groups involved in the distribution of these inferior products are stealing from Americans and harming legitimate businesses— not to mention putting the consumer’s health and safety at great risk," said HSI Special Agent in Charge James Spero of the Buffalo Office. "Working side-by-side with CBP, we can continue to disrupt the flow of counterfeit goods entering into the marketplace and protect American consumers and brand holders."
If you have information about counterfeit merchandise being illegally imported into the U.S., CBP encourages you to submit an E-Allegation. The E-Allegation provides a means for the public to anonymously report to CBP any suspected violations of trade laws or regulations related to the importation of goods into the U.S.
Violations may include misclassification of merchandise, false country-of-origin markings, health and safety issues, valuation issues, and intellectual property rights. To submit your trade allegation, please visit E-Allegation.
USITC Begins Investigation Concerning Whether Certain Textile and Apparel Articles from Nepal are Import Sensitive
U.S. International Trade Commission
The U.S. International Trade Commission (USITC) is seeking input for a new investigation concerning whether certain textile and apparel articles from Nepal are import sensitive.
The investigation, Nepal: Advice Concerning Whether Certain Textile and Apparel Articles Are Import Sensitive, was requested by the U.S. Trade Representative (USTR) in a letter received on March 30, 2016.
As requested, the USITC, an independent, nonpartisan, factfinding federal agency, will provide advice on the likely impact on U.S. imports, competing U.S. industries, and U.S. consumers of providing duty-free treatment for the following 66 products, listed by Harmonized Tariff Schedule (HTS) subheading, from Nepal:
- Luggage and attaché cases (5 subheadings): 4202.11.00, 4202.12.20, 4202.12.40, 4202.12.60, 4202.12.80;
- Handbags (10 subheadings): 4202.21.60, 4202.21.90, 4202.22.15, 4202.22.40, 4202.22.45, 4202.22.60, 4202.22.70, 4202.22.80, 4202.29.50, 4202.29.90;
- Pocket Goods (4 subheadings): 4202.31.60, 4202.32.40, 4202.32.80, 4202.32.95;
- Travel Bags (9 subheadings): 4202.91.00, 4202.92.08, 4202.92.15, 4202.92.20, 4202.92.30, 4202.92.45, 4202.92.60, 4202.92.90, 4202.99.90;
- Carpets (13 subheadings): 5701.10.90, 5702.31.20, 5702.49.20, 5702.50.40, 5702.50.59, 5702.91.30, 5702.91.40, 5702.92.90, 5702.99.15, 5703.10.20, 5703.10.80, 5703.90.00, 5705.00.20
- Shawls, Scarves, and Travel Blankets (7 subheadings): 6117.10.60, 6214.10.10, 6214.10.20, 6214.20.00, 6214.40.00, 6214.90.00, 6301.90.00
- Hats (13 subheadings): 6504.00.90, 6505.00.08, 6505.00.15, 6505.00.20, 6505.00.25, 6505.00.30, 6505.00.40, 6505.00.50, 6505.00.60, 6505.00.80, 6505.00.90, 6506.99.30, 6506.99.60
- Gloves (2 subheadings): 4203.29.50, 6216.00.80
- Miscellaneous Articles (Headbands and Needlecraft Kits) (3 subheadings): 6117.80.85, 6217.10.85, 6308.00.00
The USITC will submit its confidential report to USTR by September 29, 2016. As soon as possible thereafter, the USITC will, as requested by USTR, issue a public version of the report containing only the unclassified sections, with any business confidential information and classified information deleted.
The USITC is seeking input for its new investigation from all interested parties and requests that the information focus on the articles for which the USITC is requested to provide information and advice. The USITC will hold a public hearing in connection with the investigation at 9:30 a.m. on June 9, 2016. Requests to appear at the public hearing should be filed no later than 5:15 p.m. on May 23, 2016, with the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436.
The USITC also welcomes written submissions for the record. Written submissions should be addressed to the Secretary to the Commission at the above address and should be submitted at the earliest practical date but no later than 5:15 p.m. on June 24, 2016. All written submissions, except for confidential business information, will be available for public inspection.
Further information on the scope of this investigation and appropriate submissions appears in the USITC’s notice of investigation, dated April 15, 2016. The notice can be obtained from the USITC Internet site (www.usitc.gov) or by contacting the Office of the Secretary at the above address or 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 subjects 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 investigation reports are subsequently released to the public, unless they are classified by the requester for national security reasons.
In the News:
Comparing prices, performance and network practices of broadband service providers can be challenging, even for savvy consumers. With this in mind, the FCC created Open Internet transparency rules requiring providers to convey sufficient information for consumers to make informed choices about available broadband services. Based on recommendations from its Consumer Advisory Committee, the FCC provides templates for broadband labels – one for landline and one for mobile – that service providers may use to supply consumers with information about their services.
If a provider uses a broadband label template, here's the type of information you can expect to see:
- Pricing details, including all of the various charges that seem mysterious to consumers – overage fees, equipment fees, early termination fees, other monthly fees beyond service fees such as insurance, administrative fees, or regulatory recovery fees.
- Monthly data allowance – namely, the carrier-defined plan limit after which consumers will incur additional charges.
- Broadband speed and other performance metrics.
- Network management practices – namely, precautions providers may take to manage heavy traffic on their networks.
Service providers who use the labels will satisfy the FCC's requirement to make transparency disclosures in the proper format, or a format that meets the needs of consumers. However, providers may still be in violation of FCC rules if the content of their labels is misleading or inaccurate or if they make misleading or inaccurate statements to customers in ads or elsewhere. In such cases, consumers can file complaints with the FCC at https://consumercomplaints.fcc.gov.
The new rules will go into effect later this year, but service providers may begin using the broadband label templates anytime. The labels can serve as a helpful comparison shopping tool for consumers. Look for and consider them when you shop for service.
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