Customs Audit Initiative for Tire Importers
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP / www.gdlsk.com / Robert B. Silverman
U.S. Customs and Border Protection has commenced an audit program that targets companies that import tires.
Tire importations from China have been subject to antidumping duties (ADD), countervailing duties(CVD), and section 421 duties. As a result, Customs has been auditing tire importers on the chance that they have claimed the wrong country of origin, misclassified tires to avoid section 421 duties, or somehow avoided the payment of ADD or CVD. In addition, Customs looks for undeclared additions to value, such as molds and similar items, that were provided free of charge to factories upon which additional duties may be due.
Section 421 duties were imposed beginning in September 2009 on certain passenger vehicle and light tire imports from the People's Republic of China ("China"). These duties currently are set to expire on September 25, 2012. See Presidential Proclamation 8414 of September 11, 2009 (74 Fed. REg.47861 (Sept. 17, 2009). The additional duties on tires that are assessed under section 421 range between 35% and 25% depending on the date of entry. In addition, ADD/CVD, in varying amounts, apply to certain Chinese off the road tires. As a result, potential duty and penalty exposure for tire importations can be very large.
Tire importers may already have been contacted by Customs auditors; if not, then they are likely to be contacted in the near future. Against this background, importers may choose to conduct an internal review of any shipments that might be covered by these additional duties to determine if their entries complied with the law. If errors are identified, the importer has the opportunity to submit a prior disclosure to Customs to limit their penalty exposure. Prior disclosures may be possible even if the importer has already been contacted by Customs’ auditors.
One World Trade Center Surpasses Empire State Building, Reclaiming Honor as New York City's Tallest Skyscraper
The Port Authority of New York & New Jersey / www.panynj.gov
Installation of steel interior columns brings One World Trade Center 1,271 feet above street level
The Port Authority of New York and New Jersey’s One World Trade Center today reclaimed the title of the tallest skyscraper in New York City after surpassing the height of the Empire State Building by 21 feet.
As a handful of Port Authority executives looked on, ironworkers installed two, 26-foot steel interior columns on the top of the skyscraper just after 2 p.m. today, officially making One World Trade Center the tallest structure in New York. The triumphant milestone triggered enthusiastic applause from construction workers, as well as from a small gathering of attendees who watched the event unfold on a closed circuit monitor on the site. Those in attendance included representatives from The Durst Organization, Tishman Construction, Cushman & Wakefield, and Skidmore, Owings & Merrill, as well as 9/11 family members.
The placement of the columns brings the height of the building to 1,271 feet above street level. When One World Trade Center is completed, it will rise to 1,776 feet to the top of its antenna, making it the tallest building in the Western Hemisphere.
To get to its present height, construction workers, laboring high above the city through snow, rain and heat, installed 37,000 tons of steel and 190,000 cubic yards of concrete—enough for a four-foot-wide sidewalk from New York to Chicago. The building will contain 1 million square feet of glass facade, enough to cover 20 NFL football fields.
“Today's achievement is just one of many great feats – such as the George Washington Bridge and the Lincoln Tunnel – the Port Authority has delivered in its 91-year history,” said Port Authority Chairman David Samson. “We could not have reached this milestone without the hard work and dedication of the many men and women who tirelessly work to rebuild this monumental site. This project is much more than steel and concrete, it is a symbol of success for the nation.”
“One World Trade Center is not merely the tallest building in New York, but also a symbol for liberty, opportunity and economic prosperity.” said Port Authority Vice Chairman Scott Rechler. “It has and will continue to serve as a significant generator of jobs and economic activity as the centerpiece of what will be one of the most successful commercial developments in the world. When finished, it will feature a state-of-the-art broadcast facility and a one of a kind observation deck that we believe will be one of the top tourist attractions in New York City.”
“Following years of hard work and numerous challenges, this world-class skyscraper reached an incredible milestone today, taking its place as the crown jewel of New York’s skyline,” said Port Authority Executive Director Pat Foye. “When One World Trade Center opens to the public, it will not only be a place to work, shop and eat, but a place where people will marvel at its amazing rebirth; one that will anchor Lower Manhattan for many generations to come.”
“Achieving the status of the region’s tallest building is an unparalleled milestone, but it is only a small part of the story,” said Port Authority Deputy Executive Director Bill Baroni. “This tower is about jobs, economic activity and providing a place of commerce and business. It will have unprecedented environmental, energy-efficient systems, be accessible to one of the most extensive transportation networks in the region, and be located in a growing, dynamic neighborhood.”
“Today’s milestone is a testament to the dedication, talent and resolve of everyone who has worked on One World Trade Center,” said Jonathan (Jody) Durst, president of The Durst Organization. “We are proud to be a partner of the Port Authority on this iconic building and we look forward to celebrating many more milestones as we complete, lease and open One World Trade Center.”
“As the builder of the original Twin Towers, everyone at Tishman is excited today for One World Trade Center to claim its rightful place as the highest structure in the New York skyline,” said Daniel R. Tishman, Chairman of Tishman Construction, an AECOM company. “This magnificent building is not only a symbol of the resurgence and resilience of Lower Manhattan and New York City to the world, it’s a demonstration of commitment and leadership by the Port Authority, and the tremendous hard work and dedication of our team, our fellow contractors and the thousands of laborers who show up here every day. I want to thank them all.”
“It is fitting that the World Trade Center once again is the tallest building in Manhattan,” said David M. Childs, the architect who led the design team for Skidmore, Owings & Merrill. “Today, Lower Manhattan officially reclaims its place in the skyline and One World Trade Center proudly demonstrates the resilience of America in the wake of 9/11.”
The timing of today’s milestone coincidentally falls on the 91st anniversary of the creation of the Port Authority, which formed in 1921 when the governors of New York and New Jersey received consent from Congress to form the bistate agency.
Following today’s achievement, steel will continue to be erected until the building reaches its 104th floor and “tops out” this summer. When the tower tops off, it will rise to 1,368 feet, 118 feet above the height of the Empire State Building, which is 1,250 feet above street level.
With more than one and a half years remaining before workers complete One World Trade Center, the 3 million square foot tower is already 55 percent leased. The building will serve as the headquarters of Conde Nast, a world-class publisher, which has leased more than 1.2 million square feet covering 25 floors. An additional 190,000 square feet has been leased by Vantone China Center and the federal General Services Administration is in final review of a lease for 300,000 square feet.
One World Trade Center aims to be one of the most sustainable office buildings of its size and achieve LEED Gold certification standards. These standards will result in lower energy expenses, lower operating expenses, access to natural light through floor to ceiling glass windows and highly filtered air.
The Durst Organization, one of the most highly respected developers in the real estate industry, manages One World Trade Center. The Port Authority issued an RFP for an operator to run the iconic Observation Deck at the top of the building and the agency expects to select an operator sometime this summer. The tourist attraction will provide visitors with unrivaled views of New York City, the Statue of Liberty, the Brooklyn Bridge and the Hudson and East River waterfronts.
In addition to managing the Observation Deck, Durst will also oversee the construction and operation of a broadcast facility that will service television and radio broadcasters. A 408-foot antenna atop the building will provide an unparalleled resource for the region’s broadcasters.
Travel Channel to Air ‘Baggage Battles’ Featuring CBP Unclaimed Merchandise Auctions
U.S. Customs & Border Protection / www.cbp.gov
U.S. Customs and Border Protection each year processes more than 300 million travelers and more than 24 million containers through U.S. ports of entry. Sometimes, goods go unclaimed or are abandoned.
Imported merchandise that lacks proper documentation to make entry into the United States is known as general order merchandise. After six months from the date the goods arrive in the U.S. with no entry, the merchandise is considered abandoned/unclaimed and becomes property of the U.S. government.
These items are then ordered for sale at auction, ordered destroyed, or occasionally transferred to a local municipality or other government agency for donation.
Recently, one of the CBP abandoned merchandise auctions was filmed for the Travel Channel’s new show “Baggage Battles.” This show features three teams of auction specialists looking for interesting finds at some of the most unique and colorful auctions around the world.
“Baggage Battles” will air Wednesday at 10 p.m. EDT on Travel Channel.
Find out more information and view the schedule for upcoming CBP auctions.
Port of Los Angeles Pioneers International Clean Ship Incentive Program in North America and the Pacific Rim
Port Works with International Association of Ports & Harbors, Plans to Launch Environmental Ship Index on July 1
Port of Los Angeles / www.portoflosangeles.org
SAN PEDRO, Calif. — May 3, 2012 — The Port of Los Angeles today became the first seaport in North America and the Pacific Rim to adopt an international clean air program that rewards ocean carriers for bringing their newest and cleanest vessels to the Port. The Los Angeles Board of Harbor Commissioners today formally approved an Environmental Ship Index (ESI) program to take effect July 1.
The ESI is a web-based tool developed by the World Ports Climate Initiative (WPCI), a project of the International Association of Ports and Harbors (IAPH). The ESI program, already underway at several major European ports, offers immediate and significant clean air benefits by rewarding vessel operators for voluntary engine, fuel and technology enhancements that reduce emissions from ships beyond the regulatory environmental standards set by the International Maritime Organization (IMO).
Ship emissions are the single-largest source of air pollution from port-related operations. While diesel particulate matter (DPM) and sulfur oxide (SOx) emissions from ships calling at the Port of Los Angeles decreased 68 percent and 74 percent, respectively, between 2005 and 2010, Los Angeles sees the ESI as another strong step to encourage the building and deployment of cleaner-burning ships in the TransPacific trade lane.
“We are proud to introduce this win-win strategy to North America and the Pacific Rim,” said Los Angeles Mayor Antonio Villaraigosa. “Today’s action shows our city continues to build on its commitment to think globally, act locally.”
“The ESI sets the gold standard for green shipping and we encourage other ports to follow suit,” said Port Executive Director Geraldine Knatz Ph.D. “The larger success of this program lies in its adoption by as many ports as possible to increase the rewards for operators willing to invest in clean air and maximize the health benefits for everyone.”
Under Knatz, who chairs the WPCI and is the current president of IAPH, the Port of Los Angeles has been instrumental in developing the global index. Like other WPCI programs aimed at reducing vessel pollution and greenhouse gases and promoting sustainable practices, the ESI can be tailored to fit a port’s operational and regional requirements. Fourteen European ports have adopted the program.
The Port of Los Angeles developed its ESI with input from the Pacific Merchant Shipping Association and other stakeholders. Its program also conforms to the San Pedro Bay Clean Ports Air Action Plan, which sets specific bay-wide targets for near-term pollution reduction through 2014 and long-term objectives through 2023.
Specifically, operators whose vessels call at the Port can earn an incentive ranging from $250 to $5,250 per ship call by meeting one or all of the following three requirements:
Scoring 30 or more ESI points based on a vessel’s engine specifications and emissions certification; use of low sulfur fuel, plug-in ready on-board shore power technology, and a Ship Energy Efficiency Management Plan (SEEMP).
Deploying ships with a Tier II or Tier III engine to the Port of Los Angeles.
Participating in a demonstration program to test and improve vessel emission reduction technology.
Incentives will be paid on a quarterly basis, with the first distribution scheduled for October 2012. For the first sixth months of the program, ships can qualify for the first incentive with a score of 25 points. The lower introductory threshold is intended to encourage early participation and help operators familiarize themselves with the ESI website and reporting requirements.
CLICK HERE FOR ESI FACT SHEET
To participate, operators must enroll their companies and vessels in the ESI program through the IAPH/WPCI website here. Registration prior to July 1 is encouraged. To receive the incentive payment, operators must also register with the Port of Los Angeles here. Registration is free.
Initially, up to 30 percent of the ships calling at the Port are expected to qualify for the ESI incentives. Thirty percent participation would cut diesel particulate matter (DPM) emissions by 16 tons within the first year and reduce emissions of other primary pollutants, namely nitrogen oxides (NOx), sulfur oxides (SOx) and carbon dioxide (CO2). The Port has committed $450,000 to jumpstart the program.
The Port of Los Angeles’ ESI program is also an opportunity for vessel operators to get ahead of more stringent environmental requirements before they become mandatory. On Jan. 1, 2014, statewide clean air regulations will require ships operating within 24 nautical miles of the California coastline to use fuel with a reduced sulfur content limited to 0.1 percent or less.
Under an Emissions Control Area established by international agreement, the same standard will take effect throughout North America on Jan. 1, 2015. As these requirements take effect, the Port will encourage ocean carriers to continue to reduce vessel emissions by raising the bar to qualify for its ESI incentives.
The Port will hold an informational ESI workshop for shipping lines in June. The new program follows the Port’s highly successful Vessel Speed Reduction Program, whose voluntary compliance today exceeds 92 percent within 20 miles of the Port and 70 percent within 40 miles of the Port.
The Port of Los Angeles is America’s premier port and has a strong commitment to developing innovative strategic and sustainable operations that benefit the economy as well as the quality of life for the region and the nation it serves. As the leading seaport in North America in terms of shipping container volume and cargo value, the Port generates more than 830,000 regional jobs and $35 billion in annual wages and tax revenues. The Port of Los Angeles – A cleaner port. A brighter future.
Founded in 1955, the International Association of Ports and Harbors (IAPH) is a nonprofit global alliance of roughly 230 ports and 150 maritime companies and institutes representing about 90 countries. The IAPH is dedicated to fostering cooperation among ports and harbors and promoting the vital role they play in creating a peaceful, more prosperous world. Based in Tokyo and recognized as the only voice speaking for ports around the globe, the IAPH has Consultative NGO Status from the United Nations and is active in developing international trade and maritime policy. IAPH member ports handle about 80 percent of world container traffic and more than 60 percent of all international maritime trade.
Import or Export of Injurious Wildlife
U.S. Fish & Wildlife Service / www.fws.gov
Background: The U.S. Fish and Wildlife Service’s (Service) listing of four large non-native snakes as injurious species under the Lacey Act will go into effect on March 23, 2012. We remind the import/export community that species listed as injurious wildlife generally may not be imported into the United States or transported across State lines.
Importers and exporters are expected to be familiar with those species that are banned as injurious and to comply with the relevant prohibitions. The Office of Law Enforcement has developed a new webpage on injurious wildlife as a resource for importers, exporters, and others engaged in the interstate transport of live wildlife. The site provides guidance to help facilitate legal export of injurious wildlife, a list of all species designated as injurious, and other materials.
Action: Importers and exporters engaged in live wildlife trade should make sure that they are aware of the species that have been listed as injurious under the Lacey Act and related regulations. While such species may be exported from the United States under certain conditions, any import requires a permit from the Service. Permits are not issued for commercial purposes or for transport of personal pets. For more information on exporting injurious wildlife, check this factsheet. You can find additional injurious species information (including a link to the relevant Service regulations) on this webpage:
http://www.fws.gov/le/InjuriousWildlife/InjuriousWildlife.cfm
CBP Alexandria Bay Announces Opening of Cape Vincent Port
U.S. Customs & Border Protection / www.cbp.gov
Alexandria Bay, N.Y. – U.S. Customs and Border Protection (CBP) Field Operations today announced the opening of the Cape Vincent port of entry. Cape Vincent is a seasonal port and will be open from May 1 until Oct. 31. The CBP hours of operation are 8 a.m. until 8 p.m.
The port works with the Horne’s Ferry Service that provides a ferry service to Wolfe Island, Ontario, Canada during the open season of operation. The ferry, which is under contract to the Canadian Ministry of Transportation, transports vehicles, including buses and pedestrian passengers. CBP provides inspection services to the ferry dockside prior to the release of passengers and vehicles.
In compliance with the Western Hemisphere Travel Initiative (WHTI) implemented June 1, 2009, all travelers, including U.S. and Canadian citizens, need to present an approved travel document to enter the U.S. by land and sea. These documents include a valid Passport, U.S. Passport Card, Trusted Traveler card (NEXUS, SENTRI or FAST) or an Enhanced Driver’s License. Children under the age of 16 can present an original or copy of their birth certificate. For more information, please visit the WHTI Web site
( Get You Home )
San Juan CBP Seizes 102 Kilos of Cocaine in Two Separate Seizures
Duffle bags found in containers for the third time this month
U.S. Customs & Border Protection / www.cbp.gov
San Juan, Puerto Rico- For the third time this month, the diligence and commitment to duty of Customs and Border Protection (CBP) officers in the San Juan Area Port prevented drug traffickers from using com-mercial shipments to introduce cocaine through our shores.
Yesterday, while performing inspectional duties on MV CFS Paradero, arriving from Rio Haina, Dominican Republic, CBP officers assigned to the San Juan Seaport selected various containers for additional examination. Using available technology, they detected anomalies in two of the containers.
When the containers were physically inspected, two bags, believed to contain narcotics, were found inside each container. On one of the containers the two bags contained a total of 32 packages that when field tested proved positive for cocaine, with an approximate weight of 35 kilograms (77 pounds).
On the second container, 60 packages, with an approximate weight of 67 kilograms (148 pounds), also tested positive for cocaine.
The container cargo description on one of the containers was “napkins” and on the other “Calcium Carbonate.”
Estimated street value for the seizures is $2,224,000.
The custody of the duffle bags and the contraband was transferred to ICE Homeland Security Investigations for further investigation.
Last Thursday, CBP also seized 28 kilos (61.73 pounds) of cocaine and 5.53 kilos (12.19 pounds) of heroin inside a container on board the M/V Maesk Tarragona arriving from Caucedo, Dominican Republic. On April 4, 28.5 kilos of cocaine (63 pounds) were seized on board the vessel M/V Freemantle Express also arriving from Caucedo.
“Every day, our officers work tirelessly to protect our nation from those that intend to do us harm by introducing dangerous drugs that could end up in our streets and communities and harm our families. Customs and Border Protection will not tire in the pursuit of those that break our laws and attempt to use commercial shipments to accomplish their damaging goals,” said Port Director for the San Juan Area Port, Maria Palmer.
“We have stepped up our inspection of cargo through a risk-management based, layered enforcement approach closing routes for smugglers,” indicated Marcelino Borges, Director of Field Operations for Puerto Rico and the US Virgin Islands.
CBP uses sophisticated methods to identify and target potentially high-risk cargo, including advanced electronic information about every cargo shipment to the U.S. before it arrives.
CBP’s dual mission is to facilitate travel and trade in the United States while securing our borders, our people and our visitors from those that would do us harm like terrorists and terrorist weapons, criminals, and contraband. CBP officers are charged with enforcing not only immigration and customs laws, but they enforce over 400 laws for 40 other agencies and have stopped thousands of violators of U.S. law.