C-AIR TIMES ISSUE #659 - Friday, December 04, 2020 09:06

CBP Issues Detention Order on Cotton Products Made by Xinjiang Production and Construction Corps Using Prison Labor - U.S. Customs & Border Protection

WASHINGTON — The U.S. Department of Homeland Security announced today that U.S. Customs and Border Protection (CBP) personnel at all U.S. ports of entry will detain shipments containing cotton and cotton products originating from the Xinjiang Production and Construction Corps (XPCC).

CBP’s Office of Trade directed the issuance of a Withhold Release Order (WRO) against cotton products made by the XPCC based on information that reasonably indicates the use of forced labor, including convict labor. The WRO applies to all cotton and cotton products produced by the XPCC and its subordinate and affiliated entities as well as any products that are made in whole or in part with or derived from that cotton, such as apparel, garments, and textiles.

The WRO on XPCC cotton products is the sixth enforcement action that CBP has announced in the past three months against goods made by forced labor from China’s Xinjiang Uyghur Autonomous Region. In July 2020, the U.S. Government issued an advisory to caution businesses about the risks of forced labor in Xinjiang, where the Chinese government continues to execute a campaign of repression targeting the Uyghur people and other ethnic and religious minority groups.

“The human rights abuses taking place at the hands of the Chinese Communist government will not be tolerated by President Trump and the American people,” said DHS Acting Deputy Secretary Ken Cuccinelli. “DHS is taking the lead to enforce our laws to make sure human rights abusers, including U.S. businesses, are not allowed to manipulate our system in order to profit from slave labor. ‘Made in China’ is not just a country of origin it is a warning label.”

“China’s systemic abuse of forced labor in the Xinjiang Region should disturb every American business and consumer,” said CBP Acting Commissioner Mark A. Morgan. “Forced labor is a human rights violation that hurts vulnerable workers and introduces unfair competition into global supply chains. CBP will continue taking decisive action to prevent goods made with forced labor from entering the United States.”

Federal statute 19 U.S.C. 1307 prohibits the importation of merchandise mined, manufactured, or produced, wholly or in part, by forced labor, including convict labor, forced child labor, and indentured labor. This WRO will require detention at all U.S. ports of entry of all cotton products produced by the XPCC and any similar products that the XPCC produces. Importers of detained shipments are provided an opportunity to export their shipments or demonstrate that the merchandise was not produced with forced labor.

CBP issued 13 WROs during Fiscal Year 2020, including eight WROs on goods made by forced labor in China. All WROs are publically available and listed by country on the CBP’s Forced Labor Withhold Release Orders and Findings page. The Forced Labor Division, established in 2018 within CBP’s Office of Trade, leads the enforcement of the prohibition on the importation of goods made from forced labor.

CBP receives allegations of forced labor from a variety of sources, including the general public. Any person or organization that has reason to believe merchandise produced with the use of forced labor is being, or likely to be, imported into the United States can report detailed allegations by contacting CBP through the e-Allegations Online Trade Violation Reporting System or by calling 1-800-BE-ALERT.

CBP Reminds Travelers That Importation of Peppers and Tomatoes Remain Prohibited - U.S. Customs & Border Protection

EL PASO, Texas – U.S. Customs and Border Protection Officers and CBP Agriculture Specialists working at El Paso area ports of entry made nine agriculture seizures during the previous week. Violators were fined a combined $2,400 and had their prohibited items seized. Included in those seizures were peppers and tomatoes, which have been prohibited for entry since November 2019.

CBP continues its inspections of imported tomato and pepper fruit, seed lots and transplants entering at all U.S. ports to prevent the introduction of Tomato Brown Rugose Fruit Virus and protect the multi-billion dollar U.S. tomato and pepper production industry. Tomato brown rugose fruit virus can cause severe fruit loss in tomatoes and peppers. It is easily spread through the use of contaminated tools, hands, and plant-to-plant contact.

Travelers are reminded to declare all items they are importing. If CBP determines an item is prohibited the materials can generally be abandoned without consequence.

In addition to the agriculture violations, CBP Officers working at area ports identified and took into custody 19 people being sought in the National Crime Information Center database. CBP officers also recorded 11 drug seizures during the previous seven days including marijuana, cocaine, methamphetamine, heroin and fentanyl. CBP officers also recorded 19 vehicle export violations during the last week.

“Homeland security is the primary mission however the inspections CBP officers perform identify a wide variety of violations every day,” said CBP El Paso Director of Field Operations Hector A. Mancha.

Federal Register Notices:

WASHINGTON – The U.S. Department of Transportation today announced that it is revising its Air Carrier Access Act (ACAA) regulation on the transportation of service animals by air to ensure a safe and accessible air transportation system. The final rule on Traveling by Air with Service Animals can be found HERE.

The Department received more than 15,000 comments on the notice of proposed rulemaking. The final rule announced today addresses concerns raised by individuals with disabilities, airlines, flight attendants, airports, other aviation transportation stakeholders, and other members of the public, regarding service animals on aircraft.

The final rule:

Defines a service animal as a dog that is individually trained to do work or perform tasks for the benefit of a person with a disability;
No longer considers an emotional support animal to be a service animal;
Requires airlines to treat psychiatric service animals the same as other service animals;
Allows airlines to require forms developed by DOT attesting to a service animal’s health, behavior and training, and if taking a long flight attesting that the service animal can either not relieve itself, or can relieve itself in a sanitary manner;
Allows airlines to require individuals traveling with a service animal to provide the DOT service animal form(s) up to 48 hours in advance of the date of travel if the passenger’s reservation was made prior to that time;
Prohibits airlines from requiring passengers with a disability who are traveling with a service animal to physically check-in at the airport instead of using the online check-in process;
Allows airlines to require a person with a disability seeking to travel with a service animal to provide the DOT service animal form(s) at the passenger’s departure gate on the date of travel;
Allows airlines to limit the number of service animals traveling with a single passenger with a disability to two service animals;
Allows airlines to require a service animal to fit within its handler’s foot space on the aircraft;
Allows airlines to require that service animals be harnessed, leashed, or tethered at all times in the airport and on the aircraft;
Continues to allow airlines to refuse transportation to service animals that exhibit aggressive behavior and that pose a direct threat to the health or safety of others; and
Continues to prohibit airlines from refusing to transport a service animal solely based on breed.

The final rule will be effective 30 days after date of publication in the Federal Register.

To read Frequently Asked Questions about this final rule, please click here.

CBP Reminds Consumers to Beware of Counterfeit Goods When Shopping this Holiday Season - U.S. Customs & Border Protection

WASHINGTON — With Black Friday and Cyber Monday fast approaching, U.S. Customs and Border Protection (CBP) is reminding consumers to be on the lookout for counterfeit and pirated goods, particularly when shopping online.

Every year, CBP seizes millions of counterfeit goods from countries around the world as part of its mission to protect U.S. businesses and consumers. These goods include fake versions of popular products, such as smartphones and related accessories, electronics, apparel, shoes, cosmetics, and high-end luxury goods. Sold online and in stores, counterfeit goods hurt the U.S. economy, cost Americans their jobs, threaten consumer health and safety, and fund criminal activity.

“Counterfeiters are focused on making a profit; they are not focused on consumer safety,” said William A. Ferrara, Executive Assistant Commissioner of the CBP Office of Field Operations. “Buying counterfeit goods can expose you and your family to health and safety risks while the proceeds support criminal enterprises.”

There are several steps that consumers can take to protect themselves when shopping online. Purchase goods only from reputable retailers and be wary of third party vendors. Check seller reviews and verify there is a working phone number and address for the seller, in case you have questions about the legitimacy of a product.

“Bad actors continue to exploit the dramatic growth of e-commerce to sell counterfeit goods and other illicit products through online platforms, particularly during the holiday season when shoppers are looking for deals,” said Brenda Smith, Executive Assistant Commissioner of the CBP Office of Trade. “If the price of the product seems too good to be true, it probably is – and that can cause real problems for you, your family, and legitimate businesses.”

Nationwide in Fiscal Year 2020, CBP seized 26,503 shipments containing goods that violated intellectual property rights. The total estimated value of the seized goods, had they been genuine, was nearly $1.3 billion. Among more recent seizures:

On November 10, CBP Officers in Louisville, Kentucky announced the seizure of counterfeit watches that would have been worth more than $2 million if genuine. Purchasing counterfeit watches and jewelry deprives legitimate businesses of revenue, which can prompt those businesses to cut jobs.
On November 9, CBP Officers in Dallas announced the seizure of $9.3 million of counterfeit designer merchandise, including footwear, handbags, and apparel bearing trademarks such as Chanel, Gucci, and Louis Vuitton.
On October 28, CBP Officers in International Falls, Minnesota, announced the seizure of counterfeit Bluetooth speakers and chainsaws that would have been worth more than $170,000 if genuine. Counterfeit electronics and power tools may not meet U.S. safety standards.
On October 27, CBP Officers at the Port of Los Angeles/Long Beach announced the seizure of $3.5 million of fake cosmetics, Viagra pills, footwear, and apparel bearing trademarks such as MAC, Chanel, Nike, and Versace. Fake pharmaceuticals and cosmetics can harm or even kill consumers.

In addition to consumer goods, CBP continues to seize counterfeit and unapproved medical supplies. Since the beginning of the COVID-19 pandemic, CBP has seized more than 13.5 million counterfeit face masks and more than 177,000 unapproved COVID-19 test kits. The agency has also seized counterfeit hand sanitizing stations, unapproved thermometers, and unregistered sanitary wipes.

CBP continues to take robust action to prevent the importation of counterfeit and pirated goods. Through Operation Mega Flex, CBP, in partnership with the express consignment carriers, the United States Postal Inspection Service and other government agencies, has seized thousands of illicit packages containing counterfeit goods while mapping illicit networks in the international mail and express consignment environments. In August, CBP issued an administrative ruling that enhanced accountability in the e-commerce environment while strengthening the agency’s ability to identify counterfeit goods and consumer safety violations.

CBP has also established an educational initiative to raise consumer awareness about the consequences and dangers associated with purchasing counterfeit and pirated goods online or in stores. More information about that initiative is available at www.cbp.gov/fakegoodsrealdangers.

If you have any information regarding suspected fraud or illegal trade activity, please contact CBP through the e-Allegations Online Trade Violation Reporting System or by calling 1-800-BE-ALERT. Intellectual property rights violations can also be reported to the National Intellectual Property Rights Coordination Center at https://www.iprcenter.gov/referral/ or by telephone at 1-866-IPR-2060.

For more information about protecting yourself from counterfeit and pirated goods, visit https://www.stopfakes.gov/.