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USITC Releases Report Concerning Possible Modifications to the U.S. Generalized System of Preferences for Additions, Removals, and Competitive Need Limitation Waivers - U.S. International Trade Commission
The U.S. International Trade Commission (USITC) today released a public version of its confidential report on possible modifications to the Generalized System of Preferences (GSP).
The investigation, Generalized System of Preferences: Possible Modifications, 2016 Review, was requested by the U.S. Trade Representative (USTR).
The USITC, an independent, nonpartisan, factfinding federal agency, submitted a confidential version of the report to the USTR on May 5, 2016. The USTR requested that the USITC issue a public version of the report containing only the unclassified sections, with any business confidential information deleted.
As requested, the USITC provided advice on the likely impact on U.S. imports, competing U.S. industries, and U.S. consumers of the addition of the following Harmonized Tariff Schedule (HTS) subheadings for all beneficiary developing countries under GSP:
- 1104.19.90 (Rolled or flaked grains of cereals, other than of barley or oats),
- 2008.20.00 (Pineapples, otherwise prepared or preserved, nesi),
- 2915.9018 (Saturated acyclic monocarboxylic acids, nesoi),
- 3809.93.50 (Finishing agents, dye carriers and other preparations used in leather and like industries, <5% by weight aromatic (mod.) substance(s)),
- 3192.20.00 (Cellulose nitrates (including collodions, in primary forms)).
- nesoi and nesi – not elsewhere specified or indicated
The USITC also provided advice on the likely impact on U.S. imports, competing U.S. industries, and U.S. consumers of the removal from eligibility of one HTS statistical reporting number for all countries:
- 2922.49.40.20 (Glycine – part of 2922.49.40, “Amino acids”)
The USITC also provided advice on the likely impact on U.S. imports, U.S. consumers, and competing U.S. industries of competitive need limitation waivers specified in section 503(c)(2)(A) of the Trade Act of 1974 for 4 Harmonized Tariff Schedule (HTS) subheadings. "Competitive need limits" represent the maximum import level of a product that is eligible for duty-free treatment under the GSP. The USITC was requested to use the dollar figure of $175 million for the competitive need limitation. Once the limit is reached, trade is considered "competitive," benefits are no longer needed, and imports of the article become ineligible for GSP treatment, unless a waiver is granted. The HTS subheading and specified country for which the USITC provided advice is:
- 4409.10.05 (Coniferous wood continuously shaped along any of its ends, whether or not also continuously shaped along any {of} its edges or faces) from Brazil.
Generalized System of Preferences: Possible Modifications, 2016 Review (Investigation No. 332-560, USITC publication 4692, May 2017) is available on the USITC's Internet site at https://www.usitc.gov/publications/332/pub4692.pdf.
USITC general factfinding investigations 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.
CBP Launches “The Truth Behind Counterfeits” Campaign to Inform Travelers of the Dangers of Counterfeit Goods - U.S. Customs & Border Protection
Intellectual Property Rights public awareness campaign will run throughout the summer at 6 U.S. international airports
WASHINGTON—U.S. Customs and Border Protection launched the “The Truth Behind Counterfeits” campaign today to raise awareness of the dangers and negative impacts of purchasing counterfeit goods. The Intellectual Property Rights (IPR) initiative is an educational awareness campaign for international travelers, designed to call attention to the growing impacts of purchasing counterfeit goods, including the loss of American jobs and the support of criminal activity. Last year CBP seized more than $1.3 billion in counterfeit goods.
“CBP is committed to protecting consumers and enforcing U.S. trade laws, and this campaign will help raise awareness and educate the traveling public about the dangers of purchasing counterfeit goods,” said Brenda Smith, Executive Assistant Commissioner for the Office of Trade. “Not only do counterfeits damage the American economy, such goods can threaten the health and safety of consumers.”
The campaign will run through July at six of the busiest U.S. international airports: Baltimore Washington International Thurgood Marshall Airport; Chicago O’Hare International Airport; Dallas/Fort Worth International Airport; Los Angeles International Airport; New York John F. Kennedy International Airport and Washington Dulles International Airport.
Counterfeit products pose criminal, financial, and consumer safety risks for the United States and its citizens. For example, the purchase of counterfeit goods often supports the funding of criminal enterprises and activity, such as money laundering, smuggling, and trafficking in illegal guns and drugs. Counterfeits also have a large impact on the prosperity of the U.S. economy. When consumers purchase these counterfeit items, legitimate companies lose revenue, translating to lost U.S. jobs and profits over time.
“America’s economy runs on authentic innovation. Criminals trafficking in illicit trade threaten America’s prosperity and may jeopardize the health and safety of unwitting consumers,” said David Hirschmann, President and CEO, Global Intellectual Property Center, U.S. Chamber of Commerce. “We applaud U.S. Customs and Border Protection for recognizing the global scope of counterfeiting and the need to educate consumers on how to protect themselves. We hope this initiative will make travelers more aware of the significant problem and real dangers of counterfeit goods.”
In addition, counterfeit goods may create health and safety concerns for consumers, as they are often made of inferior materials, manufactured under uncontrolled and unsanitary conditions and labeled with false information.
Digital ads will also be displayed on travel websites to augment the physical ads in the airports.
For additional information on CBP’s IPR enforcement efforts and about this public awareness campaign, visit www.cbp.gov/.fakegoodsrealdangers.
If you have any information regarding suspected fraud or illegal trade activity, please contact CBP through the e-Allegations website or by calling 1-800-BE-ALERT.
USITC: New Releases, Documents, Announcements
- USITC Will Conduct a Full Five-Year (Sunset) Review Concerning Silicon Metal from China - News Release 17-083 : June 5, 2017
- USITC Will Expedite Five-Year (Sunset) Reviews Concerning Brass Sheet and Strip from France, Germany, Italy, and Japan - News Release 17-082 : June 5, 2017
- USITC Makes Determination in Five-Year (Sunset) Review Concerning Raw In-Shell Pistachios from Iran - News Release 17-081 : June 2, 2017
- USITC Votes to Continue Investigations on Cold-Drawn Mechanical Tubing from China, Germany, India, Italy, Korea, and Switzerland - News Release 17-080 : June 2, 2017
CBP Calls Fowl on Prohibited Items - U.S. Customs & Border Protection
Ducks, llama fetus, other banned agriculture goods found in luggage
HOUSTON – U.S. Customs and Border Protection Officers and agriculture specialists at George Bush Intercontinental Airport (IAH) in two separate incidents discovered several unusual prohibited agriculture items contained in international luggage, May 30.
All seized items posed harmful risks to U.S. agriculture resources as they are known to carry harmful pests or diseases.
A traveler arriving from Peru declared to CBP officers that she had a llama fetus and various other agriculture products in her luggage. During an examination of the passenger’s luggage, CBP agriculture specialists discovered several packages including a llama fetus, fresh llama fat, llama skin, soil, various seeds, and tree bark. These prohibited items were seized but the traveler was not issued a penalty because she truthfully declared all items.
In a separate incident but stemming from the same flight from Peru, CBP officers discovered three dead ducks packed inside a suitcase that went unclaimed.
All three waterfowl were submitted to U.S. Fish and Wildlife for disposition. Ducks are potential carriers of some types of communicable diseases, such as avian influenza. These diseases can be transmitted to other animals and humans, as well as, possibly being introduced into the U.S. commercial poultry industry directly affecting the nation’s food supply.
“Providing truthful declarations are beneficial to the passenger and the nation,” said CBP Port Director Charles G. Perez. “There is no penalties for the passenger and the prohibited items are seized and destroyed before affecting our nation’s agriculture resources.”
Travelers are encouraged to visit CBP’s website to learn about prohibited and restricted items before their travel begins. On a typical day in Fiscal Year 2016, CBP agriculture specialists discovered 4638 materials for quarantine including plant, meat, animal byproduct, and soil.
FTC and DOJ Case Results in Historic Decision Awarding $280 Million in Civil Penalties against Dish Network and Strong Injunctive Relief for Do Not Call Violations - Federal Trade Commission
As the result of Do Not Call (DNC) litigation brought by the U.S. Department of Justice on behalf of the Federal Trade Commission, as well as the states of California, Illinois, North Carolina, and Ohio, a federal court in Illinois has ordered penalties totaling $280 million and strong injunctive relief against Englewood, Colorado-based satellite television provider Dish Network.
The U.S. District Court for the Central District of Illinois found Dish liable for millions of calls that violated the FTC’s Telemarketing Sales Rule (TSR) -- including DNC, entity-specific, and abandoned-call violations -- the Telephone Consumer Protection Act (TCPA), and state law. The civil penalty award includes $168 million for the federal government, which is a record in a DNC case. The remainder of the civil penalty was awarded to the states.
The $168 million judgment is the largest civil penalty ever obtained for a violation of the FTC Act.
“The outcome of this case shows companies will pay a hefty price for violating consumers’ privacy with unwanted calls,” said Maureen K. Ohlhausen, Acting FTC Chairman. “This is a great result for consumers, and I am grateful to FTC staff for their years of tenacious work investigating and developing this case. We and our DOJ and state partners will continue to bring enforcement actions against Do Not Call violators.”
“The National Do Not Call Registry is a popular federal program for the public to reduce the number of unwanted sales calls,” said Acting Assistant Attorney General Chad A. Readler of the Justice Department’s Civil Division. “This case demonstrates the Department of Justice’s commitment to smart enforcement of consumer protection laws, and sends a clear message to businesses that they must comply with the Do Not Call rules.”
The complaint counts relating to the TSR alleged that Dish initiated, or caused a telemarketer to initiate, outbound telephone calls to phone numbers on the DNC Registry, in violation of the TSR, violated the TSR’s prohibition on abandoned calls, and assisted and facilitated telemarketers when it knew, or consciously avoided knowing, that the telemarketer was engaged in violations of the law.
Dish markets its programming directly, through telemarketing vendors it contracts with to engage in telemarketing, and through authorized dealers or retailers. The court opinion ruled in favor of the federal government on all of the TSR counts in the complaint, and found more than 66 million TSR violations.
In awarding the civil penalty amount, the court found that Dish’s culpability for the violations was significant. In particular, the court stated that, “Dish has some level of culpability for its direct marketing and a significantly higher level of culpability for the illegal calls made through its Order Entry program.”
The court also stated that, “Dish initially hired Order Entry Retailers based on one factor, the ability to generate activations. Dish cared about very little else. As a result, Dish created a situation in which unscrupulous sales persons used illegal practices to sell Dish Network programming any way they could.”
According to court filings, Dish authorized Order Entry Retailers to market Dish Network programming nationally Dish would then complete the sale provide for the delivery and installation of the satellite dish and related equipment, and provide the programming.
The court also awarded injunctive relief, and all of the provisions in the permanent injunction are important to protect consumers from future harm. Below is an overview of the injunction’s first four provisions:
- Provision I requires Dish to demonstrate that Dish and its Primary Retailers (those with greater than 600 activations or who use an Automatic Telephone Dialing System) are fully complying with the Safe Harbor Provisions of the TSR and have made no pre-recorded calls at any time during the five years immediately preceding the effective date of the order. If Dish fails to prove that it meets this requirement, it will be barred from conducting any outbound telemarketing for two years, and if Dish fails to prove that the Primary Retailers meet this requirement, Dish shall be barred from accepting orders from such Primary Retailer for two years.
- Provision II requires Dish to hire a telemarketing-compliance expert to prepare a plan to ensure that Primary Retailers and Dish shall continue to comply with the telemarketing laws and the injunction.
- Provision III allows the plaintiffs to make ex parte application for court approval of unannounced inspections of any Dish or Primary Retailer facility or records. It also requires Dish to retain and transmit to the plaintiffs on a semi-annual basis telemarketing compliance materials, including all outbound telemarketing call records.
- Provision IV prohibits Dish, whether acting directly or indirectly through Authorized Telemarketers or Retailers, from violating the TSR.
The FTC recognizes and thanks the Department of Justice for its tireless litigation of this case on behalf of the Commission, and also recognizes and thanks all of the state co-plaintiffs for their litigation and support during the case.
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