ACE e-Manifest: Rail and Sea (M1) - Now is the Time to Get On Board!
U.S. Customs & Border Protection / www.cbp.gov
On June 13 and 14, CBP hosted two webinars for the ocean and rail carrier community, highlighting the steps necessary to begin using ACE rail and sea manifest and the necessity to begin the process sooner rather than later. A recording of the webinar is available online, free of charge, at:
( e-Manifest: Rail & Sea (M1) Webinar )
The six month transition to the Automated Commercial Environment (ACE) e-Manifest: Rail and Sea is in progress, and the date for decommissioning all rail and sea manifest processing in the Automated Manifest System (AMS) is getting closer.
Effective September 29, 2012, ACE will be the only approved system for transmitting required advance rail and sea cargo information and Automated Broker Interface (ABI) in-bond transactions to CBP.
As of June 20, 2012, 88% of ocean carriers and 47% of ABI software developers impacted by the transition to M1 have either completed or are in the on-boarding process. All rail carriers are either in production or currently testing. If you are part of the 12% of the ocean carriers or the 53% of the ABI software developers who are not yet testing ACE e-Manifest: Rail and Sea, now is the time to contact your Client Representative for assistance.
It can take up to twelve weeks to complete the programming and certification testing required to begin transmitting rail and sea cargo information via ACE. If you submit sea cargo information or if you file ABI in-bond transactions or receive broker download information via ABI, you or your software provider must transition to ACE, and there is no time to waste.
How to Get On Board
In order to ensure that EDI messages for rail and sea manifest and ABI in-bond transactions do not fail, it is essential that by September 29, 2012:
- The required programming changes are completed,
- Certification testing in completed is coordination with your Client Representative, AND
- The switch to production for ACE e-Manifest: Rail and Sea is made.
For additional information, please view the webinar and visit the ACE e-Manifest: Rail and Sea webpage or contact your Client Representative immediately. ( ACE e-Manifest: Rail and Sea )
As of June 29, 2012 only three months remain to complete all of the steps necessary to make the transition to ACE rail and sea manifest filing.
Bipartisan Legislation to Address Africa Preferences, CAFTA-DR Technical Textile Changes, and Burma Sanctions
Committee on Ways and Means / www.waysandmeans.house.gov
Today, Chairman Camp (R-MI), Trade Subcommittee Chairman Brady (R-TX), Congressman Rangel (D-NY) and Trade Subcommittee Ranking Member McDermott (D-WA) introduced H.R. 5986, bipartisan legislation to:
- Extend the African Growth Opportunity Act (AGOA) third-country fabric provisions through 2015 and add South Sudan as an eligible beneficiary country under AGOA;
- Implement non-controversial technical corrections and modifications to the Dominican Republic-Central America-United States Free Trade Agreement (CAFTA-DR) textile and apparel rules-of-origin provisions; and
- Renew Presidential authority to apply import sanctions against Burma.
Identical legislation is scheduled to be introduced today in the Senate. Additional background on H.R. 5986 is available here.
Chairman Camp said: “This must-do legislation has strong bipartisan and broad industry support. It will benefit U.S. global competitiveness, aid U.S. employment and global development, and strengthen our ties with fifty-five U.S. trading partners in Africa and the Western Hemisphere. It also renews Congress’ commitment to encouraging economic and political reforms in Burma.
“Extension of AGOA third-country fabric provisions and the designation of South Sudan as an eligible beneficiary demonstrate our strong commitment to sub-Saharan Africa and to the AGOA program. The technical corrections to the CAFTA-DR textile rules of origin encourage deeper integration within the region, promote U.S. exports, and support U.S. jobs.
“Today’s legislation continues to apply import sanctions on Burma. While we’ve seen positive developments in Burma over the past few months, much work remains ahead. I encourage the Burmese Government to continue on its forward-looking trajectory and implement significant political and economic reforms in order to foster a truly free and prosperous Burma.”
Trade Subcommittee Chairman Brady said: “Today’s legislation strengthens trade and investment ties with sub-Saharan Africa and ensures the U.S. textile industry can benefit from a more integrated supply chain in the Americas. Through both of these changes, the legislation supports well-paying U.S. jobs. The legislation also reauthorizes sanctions on Burma. While the Burmese Government’s steps forward should be acknowledged, my sincerest hope is that the country will continue on a positive trajectory so its re-emergence into the world community can bring freedom, democracy, and inclusive growth to the Burmese people.”
Congressman Rangel said: “Today we move forward with common sense, broadly supported legislation. The bipartisan spirit that created the AGOA program over a decade ago is still present. And I am pleased that bicameral effort is finally underway to renew the expiring third-country fabric provision. We are late, but not too late. We can prevent further losses and take our place again at Africa’s side – a partner on the path to prosperity. The CAFTA-DR provisions – while technical in nature – will enhance the competitiveness of the textiles and apparel industries and their workers in the United States and in the countries of Central America and the Dominican Republic. Burma sanctions have helped promote change and progress, which I am hopeful will continue.”
Trade Subcommittee Ranking Member McDermott said: “It’s good we are finally getting this done – our inaction on AGOA for over a year now is inexcusable. This senseless congressional delay has resulted in lost orders, lost jobs, and destroyed lives. We have always had it in our power to staunch this senseless loss and, thankfully, with this bill we are doing the right thing. Like the CAFTA-DR technical corrections and the Burma sanctions renewal provisions that are also in this bill, the AGOA textile provision is important, non-controversial, and we should work to get it signed into law as soon as possible.”
U.S. Customs and Border Protection Import Specialists and Officers Seize Counterfeit Jeans Valued at $193,800
U.S. Customs & Border Protection / www.cbp.gov
Laredo, Texas – The Import Specialist Enforcement Team at U.S. Customs and Border Protection’s Laredo Port of Entry seized a commercial shipment of jeans valued at $193,800 that was discovered to infringe on the Levi Strauss and Co. registered trademark.
In the enforcement action, CBP officers at World Trade Bridge selected a shipment of jeans for an enforcement examination. In the course of their examination, CBP officers and import specialists discovered possible infringement of the Levi, Strauss and Co. design trademark, which is trademark recorded with CBP. CBP’s Intellectual and Property Rights branch in Washington conducted a review and determined that the jeans bore a mark that was substantially indistinguishable from the Levi, Strauss and Co. registered design trademark and the shipment was found to be counterfeit. CBP subsequently seized 96 boxes containing 2,850 pairs of jeans. The manufacturer’s suggested retail price, had the trademarks been genuine, was $193,800.
CBP’s vigilant enforcement of Intellectual Property Rights protects America’s businesses against the threat of unfair and illicit competition from foreign companies and prevents goods that may be dangerous to consumers or national security from entering the United States. 
“I applaud the vigilance and tenacity of our CBP officers and import specialists who detected a possible IPR violation and upon further review were able to stop a shipment of nearly $200,000 in counterfeit jeans from entering the U.S. and undercutting the legitimate registered trademark holder,” said Sidney Aki, CBP port director, Laredo Port of Entry.
Multiple Desert Deaths Discovered by U.S. Border Patrol Agents Over the Weekend
Smugglers Continue to Leave People to Die
U.S. Customs & Border Protection / www.cbp.gov
Tucson, Ariz. – Tucson Sector Border Patrol agents located three dead bodies over the weekend throughout southern Arizona. Each one perished as a result of exposure to the harsh desert environment.
In separate incidents Saturday, agents discovered three deceased subjects, all of whom are believed to be illegal immigrants. Casa Grande Station agents working near Sells, Ariz., located a pregnant female, dehydrated and in need of medical attention, sitting with her deceased husband. The Guatemalan couple had crossed the border two days earlier and had been abandoned by their smuggler when the husband collapsed. Later in the day, Border Patrol Search, Trauma and Rescue agents located the remains of a male near Queens Well, Ariz. The man appeared to be in his twenties. In both incidents, the Tohono O’odham Police Department (TOPD) responded to investigate. In the evening, Ajo Station agents located a third deceased male northwest of Lukeville. The man, approximately 30-35 years old, was found lying on the ground naked in an apparent desperate attempt to cool down. Pima County Sheriff’s Office took control of the scene.
In an incident early yesterday, Casa Grande Station agents apprehended a small group of illegal immigrants west of Sells. The group told agents where one man from their group had fallen behind and died. Agents responded to the area and located one deceased Mexican male. TOPD was notified and responded to the scene.
As temperatures increase, the risks associated with crossing the Sonoran Desert cannot be understated. Last month, Border Patrol agents located 19 deceased individuals, a result of blistering temperatures setting in earlier this year and ruthless smugglers who lie to desperate immigrants by telling them they will walk a short distance. In reality, they are forced to walk great distances within short periods of time. Those unable to keep up are left behind to die.
Citizens are encouraged to share these stories with friends and family who may be considering crossing into the country illegally. The high temperatures and increased threat of exposure are only two of the many risks people face when they decide to travel through the desert.
We welcome assistance from the community. Citizens can report suspicious activity to the Border Patrol and remain anonymous by calling (877) 872-7435 toll free.
HSI Dismantles Counterfeit Cell Phone Operation, 3 Arrested More than 32,000 Cellular Phones Seized with an MSRP of Over $2 Million
U.S. Immigration and Customs Enforcement's (ICE) / www.ice.gov
NEW YORK — A counterfeit trafficking ring has been dismantled resulting in the seizure of more than 32,000 bogus cell phones and other electronics. Three individuals were arrested by law enforcement Tuesday after an extensive investigation conducted by U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI), U.S. Customs and Border Protection (CBP) and the Nassau County Police Department (NCPD). 
Arrested as a result of the investigation were Qiang Chen, 44, and Ye Zhang, 43, both of Syosset, N.Y. They were conducting business as AMAX International Group Inc. Robert Eisenberg, 28, of Manhattan was also arrested. He conducted business as Cellular Wholesale USA Inc.
Chen is charged with five counts of trademark counterfeiting in the second degree. Zhang is charged with two counts and Eisenberg with one. Each defendant faces up to four years in prison if convicted. The charges could be upgraded to trademark counterfeiting in the first degree depending on the ultimate number of counterfeit items and their retail value.
"The defendants in this case allegedly sought to profit by providing the public with a substandard product. They also robbed manufacturers of their intellectual property, and robbed consumers of quality they come to expect and demand, said James T. Hayes Jr., special agent in charge of HSI New York. "HSI and its law enforcement partners will remain vigilant against criminal organizations that try to circumvent our customs laws to smuggle cheap knock offs that impact our economy."
"These scam artists knew that these phones were junk, knew that they were illegal and knew that they were duping their customers, and the only thing they cared about was how much cash they could stuff in their pockets," said Kathleen Rice, Nassau County district attorney. "Thanks to the collaborative efforts of the law enforcement agencies involved in this investigation, these three men will be held accountable for the damage they have done."
"'Operation Long Distance Haul' is a great example of how effective law enforcement can be working in collaboration," said Thomas Dale, commissioner of the Nassau County Police Department. "The Nassau County Police Department has a long history of enforcing trademark counterfeiting offenses. It's an economic crime; it hurts the regular cell provider and causes a burden on taxpayers and law enforcement. These counterfeit phones can cause health issues due to products not being manufactured to U.S. standards. I would like to thank the hard work and dedication of the Nassau County District Attorney's Office, HSI and CBP."
"The men and women of CBP protect our nation's economy, the safety of its people, and our national security against harm from counterfeit and pirated goods," said Robert E. Perez, director of CBP Field Operations in New York. "We are very proud to have partnered with HSI and the Nassau County Police Department to detect and seize these counterfeit cell phones, leading to the apprehension of these conspirators."
The investigation began in January 2012 when CBP officers at John F. Kennedy International Airport (JFK) performing a random inspection of a shipment of cellular phones from China grew suspicious that the phones were not authentic due to their appearance and because they were shipped loose in cardboard boxes with no packaging. HSI special agents removed several phones from the shipment and sent them to the respective companies according to their labeling – such as Motorola or HTC – for testing.
Analysis by the real manufacturers revealed that these phones were counterfeit, with numerous inconsistencies in the phones' designs, inferior technology and parts used in their construction.
HSI special agents enlisted the assistance of the Nassau County District Attorney's Office in March, and allowed the shipment to reach its intended recipient, but flagged both the sender and recipient. Eight more pallets of counterfeit cell phones were sent via China Air to the same recipients between January and June 2012.
HSI and NCPD officers tracked the phones from the airport to two warehouses in Plainview, N.Y., and Hicksville, N.Y.
Search warrants were executed yesterday at the warehouses, as well as on a shipment at JFK, resulting in the seizure of more than 32,000 cell phones with a retail value of more than $2 million. Forty counterfeit Apple iPads and various accessories – along with $539,710 in currency – was also seized.
Three individuals were arrested Tuesday. The recipients would re-package and sell the counterfeit phones online or through legitimate cell phone wholesalers who were likely unaware they were receiving counterfeit goods. Business records will be analyzed by law enforcement to determine what companies were duped by the counterfeit phones. Those companies will be contacted and warned to investigate their inventory for potential counterfeit products.
As the largest investigative arm of the Department of Homeland Security, HSI plays a leading role in targeting criminal organizations responsible for producing, smuggling and distributing counterfeit products. HSI focuses not only on keeping counterfeit products off our streets, but also on dismantling the criminal organizations behind such illicit activity.
The HSI-led National Intellectual Property Rights Coordination Center (IPR Center) in Washington is one of the U.S. government's key weapons in the fight against criminal counterfeiting and piracy. As a task force, the IPR Center uses the expertise of its 20 member agencies to share information, develop initiatives, coordinate enforcement actions and conduct investigations related to IP theft. Through this strategic interagency partnership, the IPR Center protects the public's health and safety, the U.S. economy and the war fighters.
To report IP theft or to learn more about the IPR Center, visit www.IPRCenter.gov
Funeral Home in Brooklyn, NY, Agrees to Pay $32,000 Penalty to Settle FTC Charges It Refused to Serve Consumers Who Wanted To Buy a Casket Elsewhere
Federal Trade Commission / www.ftc.gov
The owners of a Brooklyn, New York, funeral home have settled a Federal Trade Commission civil penalty lawsuit alleging that they violated a key provision of the FTC's Funeral Rule giving consumers the right to buy only the funeral goods and services they want or need.
In the first enforcement case of its kind, the FTC alleged that the Andrew Torregrossa & Sons Funeral Home, and its owners, Andrew L. Torregrossa and John L. Torregrossa, informed consumers on at least two occasions that they would not conduct funeral services for them unless the consumers purchased a casket from the funeral home.
"This case sends an important message to the funeral industry," said David Vladeck, Director of the FTC's Bureau of Consumer Protection. "Funeral homes cannot lawfully refuse to serve consumers who want to use lower-cost caskets that are now increasingly available from local and Internet suppliers."
The Funeral Rule prohibits funeral homes from requiring consumers to buy any item, including a casket, as a condition of obtaining any other funeral good or service. The FTC is authorized to obtain civil penalties of up to $16,000 for each Funeral Rule violation in enforcement lawsuits filed on its behalf by the Department of Justice.
Under the proposed settlement, the defendants will pay a $32,000 civil penalty, and be permanently prohibited from refusing to provide their services to consumers who want to purchase caskets or other funeral-related goods elsewhere. The order also prohibits the defendants from violating any other Funeral Rule requirements.
The Funeral Rule, issued in 1984, gives consumers important rights when making funeral arrangements. Key provisions of the Rule require funeral homes to give consumers a general price list itemizing the prices of the funeral goods and services they offer at the start of a discussion of funeral arrangements, show consumers casket and vault price lists before they view caskets or vaults, and provide price information by telephone on request.
For more information about the Funeral Rule, read Paying Final Respects: Your Rights When Buying Funeral Goods & Services and Funerals: A Consumer Guide. Guidance for funeral homes is provided in Complying with the Funeral Rule.
The Commission vote to authorize the staff to refer the complaint to the Department of Justice, and to approve the proposed consent decree, was 5-0. The DOJ filed the complaint and proposed consent decree on behalf of the Commission in U.S. District Court for the Eastern District of New York on June 27, 2012. The proposed consent decree is subject to court approval.
NOTE: The Commission authorizes the filing of a complaint when it has "reason to believe" that the law has been or is being violated, and it appears to the Commission that a proceeding is in the public interest. The complaint is not a finding or ruling that the defendants have actually violated the law. This consent order is for settlement purposes only and does not constitute an admission by the defendants of a law violation. Consent orders have the force of law when signed by the District Court judge.
