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FDA import offices in the following cities will be closed Thursday, October 6 and Friday, October 7, 2016 due to potential impact from Hurricane Matthew:

Florida: Miami, Port Everglades, Boca Raton, Maitland, and Jacksonville.

Georgia: Savannah

South Carolina: Charleston

FDA review of entries in affected ports will be limited; review of perishable entries will be prioritized during this time.

Staff may not be available by phone and e-mail may be disrupted due to anticipated service and power outages. If conditions warrant and there are no safety concerns, staff will report for duty on Tuesday, October 11, 2016.

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Commercial trade operations at the Area Port of Savannah, Georgia (Ports of Brunswick, Georgia and Savannah, Georgia) will be temporarily suspended on Thursday, October 6, 2016, at noon due to Evacuation Orders related to Hurricane Matthew and will remain closed through COB on Friday, October 7, 2016. Commercial trade operations will resume normal operations on Tuesday, October 11, 2016.

On October 6 and October 7, 2016, a local closure day is granted to all who file entries at the Port of Savannah, Georgia (1703) and the Port of Brunswick, Georgia (1701). CBP is extending an additional day, without penalty, for any entry summaries and payments of duties that were due on October 6 – October 7, 2016, in the Ports of Savannah, Georgia and Brunswick, Georgia.

For CBP service related requests, please contact Watch Commander Patricia Scull at (912) 210-2781 or Assistant Port Director Lynn Brennan at 912-210-0077.


Travel Advisory: Canadian Thanksgiving, U.S. Columbus Day
U.S. Customs & Border Protection

PEMBINA, N.D. — U.S. Customs and Border Protection (CBP) Office of Field Operations is reminding travelers planning trips across the border into the United States this holiday weekend to plan ahead and anticipate increased traffic volumes.

Border traffic volumes are expected to significantly increase during the weekend of Oct. 7 and continue through Oct. 10, for the observance of Thanksgiving in Canada and Columbus Day in the United States. All travelers are reminded of some simple steps they can employ to cross the border more efficiently.

1. Check out the new CBP informational website

The CBP site has been completely redesigned to help users quickly access the content they need. It also is optimized for access by smart phones and makes use of a new content delivery network that will improve access internationally.

2. Beat the border rush

Cross during off-peak times, such as before 6 a.m. or after 3 p.m. Most lines at the border start building in the morning and carry on into early afternoon. Monitor wait times for the ports of International Falls, Minnesota, and Pembina, North Dakota. Information is updated hourly and is useful in planning trips and identifying periods of light use/short waits.

3. Keep travel documents handy

Make sure each passenger has the correct travel document accessible and ready to give to the CBP officer.

If you are a frequent international traveler and have not already become a member of a trusted traveler program, sign up now. For more information, please visit CBP’s Trusted Traveler site.

4. Know the contents of your vehicles and be prepared to declare all items

Travelers are required to declare all items being imported into the United States from Canada. If you are not sure about what to declare, do not hesitate to ask the CBP officer.

5. Know what food products can be imported

Many fruits, meats, dairy and poultry products are prohibited from being imported into the United States from Canada.

For more information, view prohibited and restricted items.

6. Declare all firearms

Travelers are reminded that specific requirements must be met to import or export firearms and ammunition to/from the United States. For more information on the importation or exportation of firearms and ammunition visit the ATF, State Dept., and Commerce Dept. websites or contact CBP at 701-825-5800.

Our dual mission is to facilitate travel in the United States while we secure our borders, our people and our visitors from those that would do us harm like terrorists and terrorist weapons, criminals and contraband.

For more information on international traveling into the United States visit CBP’s Travel site.


Deactivation of 25 CBP Chicago Port Codes for Cargo - U.S. Customs & Border Protection

The ACE Business Office, in conjunction with the Office of Field Operations, has identified
port codes associated to facilities that are no longer active and will be deactivating the port codes, one Field Office at a time.  The Chicago Field Office has identified 25 port codes to be deactivated, to occur this week of October 3, 2016.  Trade will no longer be able to use these port codes on bills of lading or in-bond movements.  

The Port Codes are as follows:

3506 Sioux City, IA
3575 Minneapolis / St. Paul Airport
3601 Duluth, MN (Inactive)
3602 Ashland, WI (Inactive)
3608 Superior, WI (Inactive)
3614 Silver Bay, MN
3903 Omaha, NE (Inactive)
3904 East Chicago, IN
3906 Ohare INTL Airport (Note:  The main port of Chicago O’Hare is 3901 and this will remain active)
3907 Des Moines, IA (Inactive)
3981 Waukegan Airport
3983 Chicago Executive Airport
3985 Decatur Airport
3991 Nippon Courier Hub
4108 Ashtabula OH (Inactive)
4109 Conneaut, OH (Inactive)
4111 Fairport Harbor (Inactive)
4113 Evansville, IN (Inactive)
4114 Lawrenceburg, IN (Inactive)
4170 Burlington Air Express
4181 Airborne Air Park
4185 Hulman Regional Airport
4191 Airborne Hub
4194 Inactive Do Not Use
4506 Spirit of Saint Louis Airport

If you have any operational issues with the deactivation of the above Port Codes please contact Amy Hatfield at the ACE Business Office via email at:  Amy.Hatfield@dhs.gov


Proposed Modifications to the U.S.-Chile FTA Rules of Origin Would Likely Have a Negligible Effect on Total U.S. Imports, Total U.S. Exports, and U.S. Production, Says USITC - U.S. International Trade Commission

Proposed modifications to the United States-Chile Free Trade Agreement rules of origin are likely to have a negligible effect on total U.S. imports, total U.S. exports, and U.S. industry, reports the United States International Trade Commission (USITC) in its publication Probable Economic Effects of Certain Modifications to the U.S.-Chile FTA Rules of Origin.

The USITC, an independent, nonpartisan, factfinding federal agency, produced the report at the request of the U.S. Trade Representative (USTR).

As requested, the report provides advice on the probable economic effect of the proposed modifications to the U.S.-Chile FTA rules of origin on U.S. trade under the Agreement, on total U.S. trade, and on domestic producers of the affected articles. The proposed modifications, detailed in the USTR’s request letter, cover certain woven fabrics of artificial filament yarn classified in heading 5408 of the Harmonized Tariff Schedule of the United States.

The proposed modification for the rules of origin for certain woven fabrics of artificial filament yarns would liberalize the current rules of origin by allowing the use of more non-originating rayon filament yarns.  However, because U.S. imports from Chile are a small portion of total U.S imports of dyed and yarn-dyed woven fabrics, the likely effect on total U.S. imports of these products is negligible. Similarly, because the United States did not export any of these goods to Chile in 2015 and U.S. exports of these goods to Chile represented less than 1 percent of total U.S. exports in 2014, the likely effect of the proposed modification on total U.S. exports would be negligible.

Probable Economic Effect of Certain Modifications to the U.S.-Chile FTA Rules of Origin (Inv. No. U.S.-Chile FTA-103-029, USITC publication  4632, August 2016) is available at
https://www.usitc.gov/publications/332/pub4632.pdf.

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 requestor. General factfinding investigation reports are subsequently released to the public, unless they are classified by the requestor for national security reasons


USITC Institutes Section 337 Investigation of Certain Memory Modules and Components Thereof, and Products Containing Same - U.S. International Trade Commission

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain memory modules and components thereof, and products containing same.  The products at issue in the investigation are memory modules, including JEDEC-standard DDR4 RDIMMs and LRDIMMs.

The investigation is based on a complaint filed by Netlist Inc. of Irvine, CA, on September 1, 2016. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain memory modules and components thereof, and products containing same that infringe patents asserted by the complainant.  The complainant requests that the USITC issue a limited exclusion order and cease and desist orders.

The USITC has identified the following as respondents in this investigation:

SK hynix Inc. of Icheon-si, Gyeongchung-daero, Republic of Korea;
SK hynix America Inc. of San Jose, CA; and
SK hynix memory solutions Inc., of San Jose, CA.

By instituting this investigation (337-TA-1023), the USITC has not yet made any decision on the merits of the case.  The USITC’s Chief Administrative Law Judge will assign the case to one of the USITC’s administrative law judges (ALJ), who will schedule and hold an evidentiary hearing.  The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.

The USITC will make a final determination in the investigation at the earliest practicable time.  Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation.  USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.


OTEXA: Announcements - OTEXA

09/28/2016 – Limitations of Duty- and Quota-Free Imports of Apparel Articles Assembled in Beneficiary Sub-Saharan African Countries From Regional and Third-Country Fabric.  The new AGOA caps for duty-free, quota-free imports are for the one-year period from October 1, 2016 to September 30, 2017.


CBP Continues to Seize Millions of Illegal Counterfeits in Puerto Rico - U.S. Customs & Border Protection

Operation Silver Snake 2 nets 206 seizures worth $1.5 million

SAN JUAN, Puerto Rico—  US Customs and Border Protection (CBP) San Juan Field Operations announced today that 206 seizures where made of counterfeit products, valued at $1.5 million (MSRP), which were illegally imported into Puerto Rico via international mail.

A wide range of counterfeited products were seized during the enforcement effort, called Operation Silver Snake 2, to include: consumer products, apparel, footwear, textiles, pharmaceuticals, and more.

Various international mail packages inspected by CBP officers at the San Juan International Mail Branch revealed products that infringed intellectual property rights.  The majority of the seized products originated in China.

This is the third iteration of the continuous operation carried out in San Juan this year by the Mobile Intellectual Property Enforcement Team (MIPET), with the support of CBP’s Centers of Excellence and Expertise (CEEs), IPR-National Targeting & Analysis Group (NTAG), Homeland Security Investigations (HSI), Consumer Product Safety Commission (CPSC), Food and Drug Administration (FDA), Fish and Wildlife Service (FWS) and United States Postal Inspection Service (USPS).

“Our dedicated CBP Officers, Import Specialists, Paralegal Specialists and Seized Property Specialists were key ingredients to this successful enforcement operation focused on the protection of the U.S. economy and the health and safety of the American people from these counterfeit products,” said Edward Ryan, Assistant Director of Trade for Puerto Rico and the US Virgin Islands. “We will continue to execute this type of enforcement operations, with our partners, to further protect legitimate businesses and consumers from intellectual property thieves” said Ryan.

CBP protects 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 goods.

If you have information about counterfeit merchandise being illegally imported into the United States, 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.

These types of violations include misclassification of merchandise, false country of origin markings, health and safety issues, valuation issues, and intellectual property rights.


Best Buy Agrees to Pay $3.8 Million Civil Penalty, Implement Internal Compliance Program for Distributing and Selling Recalled Products - U.S. Consumer Safety Product Commission

The agreement settles charges that Best Buy knowingly sold and distributed 16 different recalled products from 2010 through 2015.

WASHINGTON, D.C. – The U.S. Consumer Product Safety Commission (CPSC) announced that Best Buy Co., Inc., of Richfield, Minnesota has agreed to pay a $3.8 million civil penalty for distributing and selling previously recalled consumer products. Federal law prohibits the sale, offer for sale, or distribution in commerce of a consumer product that is subject to voluntary corrective action, such as a recall, that has been publicly announced and taken in consultation with CPSC.

The agreement settles charges that the firm knowingly sold and distributed 16 different recalled products during a five year period from 2010 through 2015. CPSC staff charged that Best Buy failed to implement adequate procedures to accurately identify, quarantine, and prevent the sales of the recalled products across all of its supply channels. Staff also charged that Best Buy, in some cases, failed to permanently block product codes due to inaccurate information that signaled that the recalled product was not in inventory. At other times, the blocked codes were reactivated prematurely, and in a few cases, overridden.

Sales of recalled products continued even after Best Buy told CPSC that the firm had put measures into place to reduce the risk of sales of recalled products.

Between September 2010 and October 2015, Best Buy sold about 600 recalled items, including more than 400 Canon cameras, to consumers.

The recalled products included:

  • Toshiba Satellite Notebook Computers, recalled on September 2, 2010;
  • iSi North America Twist ‘n Sparkle Beverage Carbonation Systems, recalled on July 5, 2012;
  • LG Electronics Gas Dryers, recalled on August 21, 2012;  
  • GE Dishwashers, recalled on August 9, 2012;  
  • Canon EOS Rebel T4i Digital Cameras, recalled on August 14, 2012;  
  • GE Profile Front Load Washers, recalled on October 3, 2012;  
  • Sauder Woodworking Gruga Office Chairs, recalled on November 7, 2012;
  • LG Electronics Electric Ranges, recalled on November 8, 2012;
  • LG Electronics Top-Loading Washing Machines, recalled on December 18, 2012;  
  • Samsonite Dual-Wattage Travel Converters, recalled on February 12, 2013;
  • Definitive Technology SuperCube 2000 Subwoofers, recalled on March 28, 2013;
  • Gree Dehumidifiers, recalled on September 12, 2013;
  • Frigidaire Professional Blenders, recalled on September 19, 2013;
  • Schneider Electric APC Surge Arrest Surge Protectors, recalled on October 3, 2013;
  • Coby 32-inch Flat Screen Televisions, recalled on December 12, 2013; and  
  • Whirlpool Jenn-Air Wall Ovens, recalled on July 29, 2015.

On July 24, 2014, CPSC and Best Buy jointly re-announced the recalls of 10 products that Best Buy had been selling after the original recalls had been announced. In addition to paying a $3.8 million civil penalty, Best Buy has agreed to maintain a compliance program that is designed to ensure compliance with the Consumer Product Safety Act (CPSA), including a program for the appropriate disposal of recalled products. The firm has also agreed to maintain a system of internal controls and procedures.

Best Buy’s settlement of this matter does not constitute an admission of CPSC staff’s charges.

The penalty agreement has been accepted provisionally by the Commission in a 4 to 1 vote.
 
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