C-AIR TIMES ISSUE #662 - Wednesday, December 23, 2020 09:05

Port Truck Gate Schedule for Christmas Holiday 2020

Terminals at the Ports of Los Angeles and Long Beach have announced schedules for the Christmas holiday period of Thursday Dec. 24 through Sunday Dec. 27, 2020. The schedule can be downloaded by clicking here. Please continue to monitor the websites of individual terminals for updates.
PNCT will be CLOSED 12/24 for Christmas Eve and 12/25 for Christmas Day
CSMS #45244051 - GUIDANCE: Generalized System of Preferences (GSP) Expires effective, December 31, 2020 - CBP Cargo Messaging Service

This notice is to inform the Trade that the Generalized System of Preferences (GSP), special program indicator (SPI) “A,” “A+,” and “A*”, will expire on December 31, 2020 if no Congressional legislation is passed to renew the program.

Until further notice, GSP eligible goods entered or withdrawn from warehouse need to pay “General” (column 1) duty rates effective, January 1, 2021, 12:00 am.

U.S. Customs and Border Protection (CBP) encourages importers to continue to flag GSP eligible importations with SPI “A” during the lapse, starting January 1, 2021.

Importers may not file SPI “A” without paying duties. CBP has programming in place that, in the event that GSP is renewed with a retroactive refund clause, will allow CBP to automate the duty refund process.

CBP will continue to allow post-importation GSP claims made via post summary correction (PSC) and protest (19 USC 1514, 19 CFR 174) subsequent to the expiration of GSP, for importations made while GSP was still in effect. CBP will not allow post-importation GSP claims made via PSC or protest subsequent to the expiration of GSP, for importations made subsequent to expiration.

Federal Register Notices:

12/18/2020 – Limitation of Duty-Free Imports of Apparel Articles Assembled in Haiti Under the Caribbean Basin Economic Recovery Act (CBERA), as Amended by the Haitian Hemispheric Opportunity Through Partnership Encouragement Act (HOPE) For the period December 20, 2020 through December 19, 2021, the annual quantitative limit of the Haiti HOPE Value-Added program is 337,967,087 square meters equivalent (SME).

12/16/2020 – The Office of the U.S. Trade Representative requests comments regarding its Special 301 Review, to identify countries that deny adequate and effective protection of intellectual property (IP) rights or deny fair and equitable market access to U.S. persons who rely on IP protection. Public comments are requested by January 28. The 2021 Special 301 Report will be published on or about April 30, 2021.

Counterfeit Shipment with 550 Pounds of Fake Apple, Samsung Products Seized by Cincinnati CBP - U.S. Customs & Border Protection

CINCINNATI — Holiday shopping is wrapping up for the 2020 season, and U.S. Customs and Border Protection (CBP) would like to remind shoppers to exercise caution while looking for last-minute gifts. The adage “you get what you pay for” is good advice when trying to decide if a product is counterfeit, or genuine and worthy of your hard-earned cash.

U.S. consumers spend more than $100 billion every year on intellectual property rights (IPR) infringing goods, falling victim to approximately 20% of all counterfeits illegally sold worldwide.

Cincinnati CBP officers put that statistic in focus Wednesday, when they seized a shipment from Hong Kong that contained multiple boxes of electronic adapters, cables, earbuds, and chargers, all bearing serial numbers and logos of Apple, Fox Comm, or Samsung brands. The total Manufacturer’s Suggested Retail Price (MSRP) for the shipment was $49,666.00, had the goods been genuine. All of the items were deemed counterfeit by CBP’s Centers of Excellence and Expertise.

“E-commerce might be convenient for shoppers, but it can be just as convenient for counterfeiters by way of third-party platforms,” said Cincinnati Port Director Richard Gillespie. “Many people may not realize that the creation of counterfeits can involve forced labor, human trafficking, and can fund other criminal activity. Likewise, counterfeit products may be dangerous because of nonexistent quality standards. Our officers work hard 24 hours a day to protect the economy and our citizens from these kinds of transnational criminals who defraud businesses and consumers alike.”

IPR protection is a priority trade issue for CBP, and the agency has established an educational initiative to raise consumer awareness about the consequences and dangers associated with the purchase of counterfeit and pirated goods. Information about the Truth Behind Counterfeits public awareness campaign can be found at https://www.cbp.gov/FakeGoodsRealDangers. Suspected violations can be reported to CBP here.

FTC Data Show Gift Cards Remain Scammers’ Favorite Payment Method - Federal Trade Commission

A new data analysis by the Federal Trade Commission shows that gift cards continue to be the most common form of payment when consumers report losing money to most scammers.

Since 2018, the data analysis shows consumers have reported spending nearly $245 million on gift cards that they used to pay scammers for a wide variety of scams. Most often, consumers that use gift cards to pay a scammer are drawn in by an imposter scam. These can take on many forms, but the ones most likely to rely on gift cards as a payment method were government imposters, family imposters, business imposters, and tech support scams.

In these scams, the scammers convince consumers that they must pay using gift cards. The reasons they present vary, but they always come back to the idea that a consumer must go to a retail outlet, purchase physical gift cards, and then provide the PIN numbers on the cards to the scammer. Reports suggest scammers favor certain brands of gift cards, and those change over time.

Because of the pervasive nature of these scams, the FTC is also rolling out a new campaign to partner with retailers around the country to help prevent consumers from being caught up by a gift card payment scam.

The agency has created new materials that retailers can place directly at the point of sale for gift cards—both on the racks where they are displayed and at cash registers. The materials are designed to stop consumers who may be in the process of buying gift cards to pay a scammer, raising key questions and reminding consumers that “gift cards are for gifts, not payments.”

More information on the campaign can be found at ftc.gov/stopgiftcardscams, and information and tips for consumers can be found at ftc.gov/giftcards.

United States and United Kingdom Conclude Customs Mutual Assistance Agreement - U.S. Customs & Border Protection

Agreement enhances trade facilitation and security cooperation

LONDON - The United States and the United Kingdom concluded a Customs Mutual Assistance Agreement (CMAA) today to further enhance bilateral efforts to secure and facilitate lawful trade. U.S. Ambassador Robert Wood Johnson and The Rt. Hon. Jesse Norman, Financial Secretary to the Treasury, signed the agreement in London.

“The United Kingdom has been an indispensable trade partner of the United States for more than two centuries,” said U.S. Customs and Border Protection Acting Commissioner Mark A. Morgan. “This new agreement will further enhance the U.S.-UK partnership by improving information sharing, strengthening the enforcement of our customs laws, and bolstering supply chain security while facilitating the flow of legitimate trade.”

“Every single day, the U.S. and the UK work side by side to stop criminals trafficking illegal goods across the Atlantic - from guns, to drugs, to illegal wildlife products and even counterfeit medicine," said U.S. Ambassador to the UK Robert Wood Johnson. "This Customs Mutual Assistance Agreement means that after Brexit, our investigators can keep sharing information to stop criminals in their tracks and keep people in both our countries safe.”

“This is an important agreement that ensures continuity post EU exit, and demonstrates the strength of the US-UK customs relationship,” said The Rt. Hon. Jesse Norman, Financial Secretary to the Treasury. “This deal will allow us to continue to cooperate in combatting customs offences by sharing information and good practice, and provides the legal underpinning for schemes to ease trade flows for importers and exporters.”
CMAAs are bilateral agreements between countries that are enforced by their respective customs administrations. The agreements provide the legal framework for the exchange of information and evidence to assist countries in the enforcement of customs laws, including duty evasion, trafficking, proliferation, money laundering and terrorism-related activities. U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement are the implementing agencies for the United States.

Fact Finding 29: Advice to the Trade - Federal Maritime Commission

Commissioner Rebecca Dye is advising that shippers and truckers may contact the Federal Maritime Commission’s Bureau of Enforcement (BoE) with allegations of ocean carriers and marine terminal operators employing practices or regulations in violation of 46 USC 41102(c) involving non-compliance with the Final Rule published earlier this year by the agency that addresses detention and demurrage.

Individuals with specific allegations of behavior that violates § 41102 (c) when considered in the context of guidance provided in the Interpretive Rule on Demurrage and Detention Under the Shipping Act, should submit their complaint and supporting evidence to the Bureau of Enforcement by writing:

BOE@FMC.Gov

In April of this year, the Commission published its interpretive rule providing guidance to industry on how the reasonableness of detention and demurrage regulations and procedures would be assessed. Since then, the agency has received feedback from shippers and other parties critical of the level of compliance carriers and MTOs have shown to the new rule.

Commissioner Dye issued today’s advice to the trade as part of her ongoing work conducting Fact Finding 29, “International Ocean Transportation Supply Chain Engagement”, which was launched in March 2020.

On November 19, 2020, the Commission voted unanimously to issue a Supplemental Order to Fact Finding 29, reinforcing the broad authority for Commissioner Dye’s investigation. One of the three areas the Supplemental Order identifies for further examination is whether detention and demurrage practices of ocean carriers operating in an alliance and calling at the Port of Los Angeles, Port of Long Beach, or the Port of New York & New Jersey violate 46 USC 41102(c).

CBP New York/Newark Seizes Nearly $1.3 Million in Counterfeit Toys Ahead of the Holidays - U.S. Customs & Border Protection

NEWARK, N.J. – These toys were definitely not the “real ones,” as U.S. Customs and Border Protection (CBP) officers at the Port of New York/Newark recently discovered.

A total of 141,112 UNO card games, 9,600 LOL Surprise! Under Wraps balls, and 1,980 LOL Surprise! Under Wraps capsule toys were seized. If authentic, these toys would have a manufacturer’s suggested retail price (MSRP) of approximately $1,300,000.

CBP officers inspected the shipment in late November after it arrived from China. Officers then submitted digital images of the toys to CBP’s Consumer Products and Mass Merchandising Center for Excellence and Expertise (CEE), the agency’s trade experts. CBP’s CEE specialists worked with the trademark holders and determined the toys to be counterfeit.

CBP completed the seizure on December 9. Homeland Security Investigations (HSI) agents in Newark, NJ, continue to investigate.

“Once again, Customs and Border Protection has demonstrated its commitment to protecting the American consumer against the proliferation of substandard and potentially unsafe counterfeit consumer goods,” said Troy Miller, Director of CBP’s New York Field Office. “Enforcing Intellectual Property Rights laws is a CBP priority trade mission. We will continue to work closely with our trade and law enforcement partners to identify and seize counterfeit merchandise that could potentially harm our Nation’s consumers and businesses.”

The manufacture and sale of counterfeit goods rob legitimate businesses of revenue, deprive American workers of jobs, and pose health and safety threats to U.S. consumers. Oftentimes, the proceeds from counterfeit merchandise sales support other nefarious and illicit businesses.

CBP protects consumers and businesses every day through an aggressive Intellectual Property Rights (IPR) enforcement program. On a typical day in 2019, CBP officers seized $4.3 million worth of products with IPR violations. Learn more about what CBP did during "A Typical Day" in 2019.

If you have information concerning counterfeit merchandise illegally imported into the U.S., CBP encourages you to submit an anonymous report through the e-Allegations Online Trade Violation Reporting System.

CBP personnel inspect travelers and cargo entering and departing the country, focusing on the interception of illicit narcotics, unreported currency, weapons, prohibited agriculture, counterfeit consumer goods, and other products to assure that global tourism and trade remains safe and strong.