PNCT & Maher Terminals Holiday Schedule
- PNCT will be CLOSED Monday 12/26 in observance of Christmas
- All Maher Terminals facilities including the Empty Depot operated by Columbia will be closed for truck line activity on Monday, December 26, 2016 and Monday, January 2, 2017 in observance of Christmas Day and New Year’s Day.
PierPass: Port Truck Gate Schedule for Christmas Holiday Weekend 2016
- Terminals at the Ports of Los Angeles and Long Beach have announced truck gate schedules for the Christmas holiday period of Friday, December 23 through Sunday, December 25. The schedule is pasted below, and a PDF of the schedule can be downloaded at http://www.pierpass.org/wp-content/uploads/2016/12/XMAS-Weekend-2016.pdf.
Brady Praises Passage of Bill to Strengthen Enforcement of U.S. Trade Laws - House Ways & Means Committee
WASHINGTON, D.C. – House Ways and Means Committee Chairman Kevin Brady (R-TX) today released the following statement praising the House and Senate for passing the Cross-Border Trade Enhancement Act of 2016. This bipartisan legislation, sponsored by Senator John Cornyn (R-TX) and Rep. Henry Cuellar (D-TX), allows U.S. Customs and Border Protection (CBP) to negotiate alternative financing arrangements for certain services and the construction and maintenance of infrastructure at ports of entry. The Cross-Border Trade Enhancement Act of 2016 now goes to the President’s desk to be signed into law.
“The bill is a solution to help Customs and Border Protection enforce our trade laws, keep our borders secure, and support the flow of legitimate trade through our ports of entry,” said Chairman Brady. “I congratulate Sen. Cornyn, Chairman McCaul, and Rep. Cuellar on their hard work and look forward to the President signing this important bill into law so CBP can receive the resources it needs, without the bureaucracy.”
ITA: Press Releases - International Trade Commission
12/09/2016 Final Determination in the Antidumping Duty (AD) Investigation of Imports of Large Residential Washers from the People's Republic of China (China)
12/09/2016 Initiation of Antidumping Duty (AD) and Countervailing Duty (CVD) Investigations of Imports of Certain Hardwood Plywood Products (Hardwood Plywood) from the People's Republic of China (China)
Issuance of Designated Port Exception Permits for Import at Non-Staffed Ports and ITDS - Fish & Wildlife Service
Background:
On October 18, 2016, the Service informed the import/export community that it would no longer issue DPEP’s for non- staffed ports when the applicant is required to file a CBP entry. However, due to feedback received from the trade, the Service has rescinded that decision.
The Service has begun the process of consulting with CBP to determine the necessary programming changes to ACE needed to implement the DPEP process. This process may not be completed until the end of February.
Until this work is completed importers will not be able to pilot in ACE with the FWS at these non-staffed port locations. They will, however, be able to continue to obtain FWS clearance at these non-staffed ports, through eDecs, as they have in the past.
Action:
Effective immediately, the Service will issue DPEP’s to authorize the use of a non-staffed port when the applicant is required to file a CBP entry. We want to remind the trade that DPEP’s are only issued to:
1. Accommodate imports or exports for scientific purposes;
2. Minimize or prevent deterioration or loss of the perishable wildlife; or
3. Alleviate undue economic hardship for you.
We will only issue DPEP’s at non-staffed ports when we have Service officers available to travel to the port that has been requested.
FDA Takes Action Against Four Tobacco Manufacturers for Illegal Sales of Flavored Cigarettes Labeled as Little Cigars or Cigars
- Food & Drug Administration
The U.S. Food and Drug Administration today issued warning letters to four tobacco manufacturers — Swisher International Inc., Cheyenne International LLC, Prime Time International Co. and Southern Cross Tobacco Company Inc. — for selling flavored cigarettes that are labeled as little cigars or cigars, which is a violation of the Family Smoking Prevention and Tobacco Control Act. The companies received warning letters for products under the “Swisher Sweets,” Cheyenne,” “Prime Time” and “Criss-Cross” brands in a variety of youth-appealing flavors, including grape, cherry, wild cherry and strawberry.
“Flavored cigarettes appeal to kids and disguise the bad taste of tobacco, but they are just as addictive as regular tobacco products and have the same harmful health effects,” said Mitch Zeller, J.D., director of the FDA’s Center for Tobacco Products. “Because about 90 percent of adult daily smokers smoked their first cigarette by the age of 18, continued enforcement of the ban on cigarettes with characterizing flavors is vital to protect future generations from a lifetime of addiction.”
The Tobacco Control Act, which was passed by Congress and signed by the President in 2009, banned cigarettes containing certain characterizing flavors, such as candy or fruit flavors, to reduce the number of youth who start to smoke and who become addicted to dangerous tobacco products. The FDA began enforcing that provision in September 2009.
The agency has determined that, although labeled as little cigars or cigars, the products meet the definition of cigarettes in the Tobacco Control Act, because they are likely to be offered to, or purchased by, consumers as cigarettes based on their overall presentation, appearance, and packaging and labeling. Additionally, since the products meet the definition of a cigarette, the FDA determined that the products are adulterated because they contain a natural or artificial characterizing flavor, or misbranded if they only purport to do so.
The FDA has requested the manufacturers respond to the warning letters within 15 working days of receiving the letter. Failure to obey federal tobacco law may result in the FDA initiating further action, including, but not limited to, civil money penalties, criminal prosecution, seizure, and/or injunction. The agency expects many of these products to remain available for purchase by consumers at retail establishments while the FDA works with the manufacturers to ensure the products are in compliance with the requirements of the law.
Consumers and other interested parties can report a potential tobacco-related violation of the FD&C Act by using the FDA’s Potential Tobacco Product Violation Reporting Form.
The FDA, an agency within the U.S. Department of Health and Human Services, protects the public health by assuring the safety, effectiveness, and security of human and veterinary drugs, vaccines and other biological products for human use, and medical devices. The agency also is responsible for the safety and security of our nation’s food supply, cosmetics, dietary supplements, products that give off electronic radiation, and for regulating tobacco products.
FTC Rules California Naturel, Inc. Misled Consumers, Violated the FTC Act - Federal Trade Commission
Order bars company from deceptively labeling products as “all natural”
The Federal Trade Commission has granted summary decision against California Naturel, Inc., for falsely advertising its sunscreen product as “all natural” in violation of Sections 5 and 12 of the FTC Act.
In its opinion, written by Chairwoman Edith Ramirez, the Commission states that the company promotes its “all natural” sunscreen on its website as containing “only the purest, most luxurious and effective ingredients found in nature.” But California Naturel admitted that eight percent of its sunscreen formula is in fact dimethicone, a synthetic ingredient.
The Commission was not persuaded by the company’s argument that its ingredient list and a disclaimer recently added to the company’s web page cured its misleading advertising, noting that consumers should not have to search for and dig out information that contradicts what an advertisement expressly and prominently conveys. For example, the “all natural” claims were prominent on the webpage, while the disclaimer was added to the bottom of the webpage, was not visible without scrolling down, and was well below the “Add to Cart” button.
The Commission’s final order prohibits California Naturel from misrepresenting the ingredients or composition of its products; whether a product is “all natural” or “100% natural;” the extent to which a product contains any natural or synthetic ingredient or component; or the environmental or health benefits of such a product. It also requires the company to have competent and reliable evidence to support any of the four foregoing claims it makes about any of its products.
The final order and accompanying opinion resulted from an administrative complaint issued against California Naturel in April 2016. FTC staff trying the case requested the summary decision.
The Commission vote approving the Commission Opinion and Final Order was 3-0, with Commissioner Maureen Ohlhausen dissenting in part and issuing a separate statement. In her statement, Commissioner Ohlhausen agrees that California Naturel’s unqualified “all natural” claims were false and misleading in violation of Sections 5 and 12 at the time they were made, but disagrees with the Commission’s grant of summary decision regarding the effect of California Naturel’s later-added disclaimers because in her view, that issue was not properly before the Commission.
The company may file a petition for review of the Commission Opinion and Final Order with a United States Court of Appeals within 60 days of when the Order is served.
FTC Approves Final Order Settling Charges that Mars Petcare Made False Health Claims for Its Eukanuba Brand Dog Food - Federal Trade Commission
Following a public comment period, the Federal Trade Commission has approved a final consent order with Mars Petcare U.S. settling charges that the company falsely advertised specific health benefits of its Eukanuba brand dog food.
According to the FTC’s complaint, filed in August 2016, the company claimed in ads, but could not prove, that a 10-year study found that dogs fed Eukanuba could extend their expected lifespan by 30 percent or more. The Commission charged that the longevity claims were false or unsubstantiated and that the claim that longevity was proven through scientific evidence was false, in violation of the FTC Act.
Under the final order settling the charges, Mars Petcare is barred from engaging in similar deceptive acts or practices in the future. The order prohibits the company from making any misleading or unsubstantiated claims that its Eukanuba-brand pet food or any other pet food will enable any dogs to extend their lifespan by 30 percent or more or live exceptionally long lives. It also prohibits the company from making misleading or unsubstantiated claims regarding the health benefits of any pet food, and requires it to have competent and reliable scientific evidence to back up any such claims.
Finally, the proposed order prohibits Mars Petcare, when advertising any pet food, from misrepresenting the existence, results, conclusions, or interpretations of any study, or falsely stating that the health benefits claimed are scientifically proven. It also contains compliance and monitoring requirements to ensure the company abides by its terms.
The Commission vote approving the final order and responses to the public commenters was 3-0. (FTC File No. 152-3229; the staff contact is David M. Newman, FTC Western Region, San Francisco, 415-848-5123.)
Port Huron CBP Intercepts the Destructive Khapra Beetle - U.S. Customs & Border Protection
PORT HURON, Mich. – On November 29, CBP Agriculture Specialists discovered remnants of a khapra beetle in a cargo shipment at the Blue Water Bridge. A shipment of split and washed "moong dal" (mung) beans from India was targeted as a high risk of pest infection. Upon inspection, cast skins of suspected khapra beetle were found and the shipment was refused entry pending identification. The cast skins were positively identified as Trogoderma granarium Everts (khapra beetle) by Unites States Department of Agriculture (USDA) Entomologists on December 1.
The khapra beetle, with origins in South Asia, is one of the world’s most destructive pests of grains, dry beans, and other stored products. It is considered one of the 100 worst invasive species in the world. Any shipment containing remnants or actual specimens dead or alive of the khapra beetle will not be allowed entry into the United States.
"I am proud of the tremendous efforts and significant results achieved by our Agriculture Specialists," said Port Director Andrew Douglas. "Their sustained focus to guard our borders and beyond from invasive species that could cause substantial damage to the nation's agriculture industry and our economy is demonstrated on a daily basis."
This is the fourth khapra beetle interception from a commercial shipment in Port Huron. All of the commercial shipment interceptions have been from commodities originating in India.
DeVry University Agrees to $100 Million Settlement with FTC - Federal Trade Commission
Settlement secures financial redress for tens of thousands of students harmed by deceptive ads that touted employment and earning potential
DeVry University and its parent company have agreed to a $100 million settlement of a Federal Trade Commission lawsuit alleging that they misled prospective students with ads that touted high employment success rates and income levels upon graduation. The FTC settlement secures significant financial redress for tens of thousands of students harmed by DeVry’s conduct.
Under the settlement resolving the FTC charges, DeVry will pay $49.4 million in cash to be distributed to qualifying students who were harmed by the deceptive ads, as well as $50.6 million in debt relief. The debt being forgiven includes the full balance owed—$30.35 million—on all private unpaid student loans that DeVry issued to undergraduates between September 2008 and September 2015, and $20.25 million in student debts for items such as tuition, books and lab fees.
“When people are making important decisions about their education and their future, they should not be misled by deceptive employment and earnings claims,” said FTC Chairwoman Edith Ramirez. “The FTC has secured compensation for the many students who were harmed, and I am pleased that DeVry is changing its practices.”
The FTC’s complaint charged that DeVry misled consumers in violation of the FTC Act by claiming that 90 percent of graduates actively seeking employment landed jobs in their field within six months of graduation. Advertisements making these claims appeared on television and radio, as well as online and in print and other media.
The complaint further alleges that DeVry misled students by claiming that graduates with bachelor’s degrees, on average, had 15 percent higher incomes one year after graduation than the graduates with bachelor’s degrees from all other colleges or universities.
The proposed federal court order requires DeVry to notify the students who will receive debt relief, and to inform the credit bureaus and collection agencies of the debt forgiveness. All loan and debt forgiveness will occur automatically. DeVry will also release transcripts and diplomas previously withheld from students because of outstanding debt and will cooperate with future requests for diplomas and transcripts and related enrollment or graduation information.
The settlement also includes provisions designed to prevent DeVry from misleading consumers in the future. Among other things, it prohibits DeVry from misrepresenting the likelihood that graduates will get a job as a result of their degree. It specifically prohibits DeVry from including jobs students obtained more than six months before graduating whenever DeVry advertises its graduates’ success in finding jobs near graduation. The settlement also prohibits DeVry from misrepresenting the compensation or compensation ranges that students or graduates have received or can be expected to receive.
The FTC also has a new consumer blog that describes how the refund process was developed and implemented.
The FTC would like to thank the Department of Education and the Department of Veterans Affairs for their cooperation and collaboration.
For more information about the refund and debt forgiveness program, visit ftc.gov/devry or call 844-578-2645. Sign up to get email updates about the FTC’s DeVry refund program.
The Commission vote approving the proposed stipulated order was 3-0. The FTC filed the proposed stipulated order in the U.S. District Court for the Central District of California.
NOTE: Stipulated orders have the force of law when approved and signed by the District Court judge.