California Implements Commercial Trade Prohibitions on Articles of Certain Animal Species - Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP
Effective January 1, 2022, it is unlawful to import into the State of California for commercial purposes, to possess with intent to sell, or to sell within the state, any part or merchandise comprised of iguana, skink, hippopotamus, or a Teju, Ring, or Nile lizard. Importantly, this will impact the legality of numerous reptile species that are commonly utilized in the fashion trade.
Please contact John Schoenig with questions about the specific wildlife species affected or with any other questions.
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China Issues a White Paper Providing Insight into the Policy Objectives and Enforcement Mechanisms of its Emerging Export Control Regime - Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP
On 29 December 2021, China’s State Council released a white paper on China’s export control regime, laying out China’s policy objectives as it expands and modernizes its dual-use export control regime.
In this paper, the Chinese State Council has articulated its intention to promulgate and administer a “fair, reasonable, and non-discriminating export control system.” Also of note in the perambulatory language is China’s asserting its standing as a permanent member of the U.N. Security Council and the “largest trader and manufacturer of goods.” In addition, China’s stated “committe[ment] to the principals of safeguarding world peace, national security, and regional security by improving export control governance.” Recognizing these factors, China’s new export control regime is focused on a so-called “holistic” approach to national security, which incorporates multiple layers of Central and provincial level government enforcement, data analysis, and corporate social credit information.
Another interesting general statement in the perambulatory text is a reference to technology sharing apparently aimed at US export controls and the increased restrictions placed upon Chinese end-users under the US Export Administration Regulations. Specifically the State Council states that “with deepening globalization and more technologies emerging, China calls upon all countries to promote inclusive sharing of the benefits of scientific and technological developments to increase human wellbeing.”
Beyond these more general statements, we would like to make particular note of the following:
1. The State Council pointed out that license applications can come from any part of China and administration will strike a balance between export promotion and export control. This implies that there may be quantitative or other restrictions on certain technologies that may be relaxed for exports from certain areas, such as those designated for economic development and reform.
2. Certain technologies and articles for export will require end-user and end use controls that will require certificates issued by the local governments where the overseas buyer is located as well as the Chinese embassy or consulate located within that jurisdiction. This is likely to be a very time consuming and cumbersome process, which may border on almost entirely unfeasible.
3. China will issue general licenses that will enable multiple exports to multiple destinations and end-users over the effective period of the general license.
4. The enforcement authorities will have the power to seize items being exported as well as check bank accounts and seize assets as part of any enforcement action.
5. Illegal acts under the export control laws will affect the social credit score of the offenders.
6. Intermediate service providers such as freight forwarders, customs brokers, and third party e-commerce platform providers will be held responsible for enforcing export control compliance of the shippers and principals to which they provide services.
7. Enforcement will be the responsibility of the General Administration of Customs in conjunction with the Ministry of Public Security and provincial level security agencies.
8. The State Council devoted approximately one third of this white paper to describing the importance of internal compliance policies, responsible compliance procedures and self-governance in export control compliance. This dovetails with the specific guidance on internal compliance programs issued by the Ministry of Commerce and the General Administration of Customs in June 2021 (any questions regarding which can be directed to me).
It is important to point out that MOFCOM has, effective from 1 January 2021, adopted the catalogue of dual-use items and technologies (traditionally issued pursuant to the Administrative Measures for the Import and Export License of Dual-Use Items and Technologies (“Dual-use Measures”)), effectively bringing this dual-use list within the scope of the export control law. The dual-use list is updated on a yearly basis and the latest list covers items and technologies adopted from regulations relating and applicable to, amongst others, nuclear products; non-nuclear materials used for nuclear materials; nuclear equipment and reactors; missiles; biological products; controlled chemicals; precursor chemicals; radioisotopes and radiation devices; encryption items; specific civilian items; as well as related equipment and technologies. However, this list is far from a comprehensive Wassenaar Arrangement based list.
Moreover, China’s controlled items and technologies are identified based on PRC tariff codes accompanied by certain technical description or parameters. As a result, the most common challenge faced by clients in complying with the export control law in China remains the product screening process. The Export Control Classification Number (ECCN) for dual-use items that multinational businesses are accustomed to using is not applicable in China. It remains to be seen whether China intends to update its regime to adopt ECCN classification in the future for greater alignment with international regimes and standards. We do note that this white paper makes specific reference to the Wassennaar Arrangement, which may indicate that China may follow this system for classifying and controlling dual-use items under its export control regime in the future. We will continue to monitor this situation and issue an update accordingly.
It is also important to note that while certain technologies are included in the dual-use list, the export control law stops short of incorporating the control measures in respect of the import and export of technologies set out under a separate set of regulations, i.e., the Regulations for the Administration of the Import and Export of Technology (“Technology Regulations”). The Technology Regulations garnered significant attention when the control lists were updated in late 2020 (the first time since 2008). As a result of the amendments, the export of artificial intelligence interactive interface technologies; speech synthesis and evaluation technologies; scanning and photo recognition technologies; cryptographic security technologies; information countermeasure and defense technologies; laser technologies; and space and aerospace-related technologies, amongst others, are now subject to licensing requirements. It is therefore of paramount importance for companies dealing with technologies to understand and consider the scope and requirements of the Technology Regulations, in addition to the export control law.
Please do not hesitate to contact William Marshall (wmarshall@gdlsk.com) or any of our attorneys with questions or to discuss further.
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Temporary Adjustment of the TMF Ends at Ports of Los Angeles and Long Beach - PierPass
LONG BEACH, Calif., Jan. 18, 2022 —The West Coast MTO Agreement (WCMTOA) today reminded port users that the Traffic Mitigation Fee (TMF) at the Ports of Los Angeles and Long Beach will return to its pre-December rate on February 1, 2022.
On November 10, WCMTOA announced that the TMF would be temporarily adjusted to $78.23 per TEU between December 1 and January 31, and would be charged only on weekdays during the daytime shift. The temporary change in TMF levels and rules was intended to create a financial incentive to move more containers during off-peak hours by charging a TMF only during peak hours.
At the start of February, the TMF will revert to $34.21 per TEU (twenty-foot equivalent unit) or $68.42 for all other sizes of container for non-exempt international container moves through the terminals at the ports, and will again be payable throughout all hours of terminal operation.
Read further
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Philadelphia CBP Intercepts Fake COVID Vax Card - One of 30K Seized Nationally - U.S. Customs & Border Protection
PHILADELPHIA – Sometimes things are just too easy.
Customs and Border Protection officers in Philadelphia seized a counterfeit COVID-19 vaccination card on January 8, 2022 that was shipped from Bulgaria. Since the pandemic start, CBP officers across the country have seized more than 30,000 fake vaccination cards.
On Saturday, U.S. Customs and Border Protection officers were conducting routine international parcel inspections for dangerous, illegal, or prohibited products when they encountered an obviously counterfeit COVID-19 vaccination card.
CBP officers immediately noted the vaccination card’s poor print quality, unclear logos of the Centers for Disease Control and Prevention (CDC) and U.S. Health and Human Services (HHS), and uneven borders. While fake vaccination cards are selling for as much as $200, the CDC reminds people that an actual vaccination is free.
The fake vaccination card was shipped from Bulgaria to an address in Stamford, Conn. Officers discovered the card was concealed inside of a greeting card which was inside of a shipping envelope. The contents were manifested as “documents.”
Since the start of the COVID-19 pandemic, CBP officers across the nation have seized more than 30,000 counterfeit coronavirus vaccination cards from nearly 1,200 seizures. Locally, the Baltimore Field Office, which includes the Area Port of Philadelphia, has seized a combined 1,520 fake vax cards from 41 seizures.
Unvaccinated individuals who purchase fake vaccination cards put themselves, their loved ones, and their fellow Americans at risk of contracting COVID-19 or its more serious variants. The FBI has warned the public that buying, selling, or using counterfeit COVID-19 vaccination cards also breaks our nation’s laws.
“Coronavirus continues to pose a serious health and safety threat to American citizens, as do unscrupulous vendors who peddle counterfeit COVID vaccination cards and the unvaccinated people who buy them,” said Joseph Martella, Area Port Director for CBP’s Area Port of Philadelphia. “Customs and Border Protection officers are extremely skilled at detecting cleverly concealed contraband and we will continue to intercept dangerous and illicit products that could harm consumers, our economy and our nation.”
CBP's border security mission is led at ports of entry by CBP officers from the Office of Field Operations. CBP officers screen international travelers and cargo and search for illicit narcotics, unreported currency, weapons, counterfeit consumer goods, prohibited agriculture, and other illicit products that could potentially harm the American public, U.S. businesses, and our nation’s safety and economic vitality.
Please visit CBP Ports of Entry to learn more about how CBP’s Office of Field Operations secures our nation’s borders. Learn more about CBP at www.CBP.gov.
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Federal Register Notices:
• Notice of Scope Ruling Applications Filed in Antidumping and Countervailing Duty Proceedings
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Corrosion-Resistant Steel Products From the Republic of Korea: Final Results and Partial Rescission of Countervailing Duty Administrative Review; 2019
• Glycine From India: Final Results of Countervailing Duty Administrative Review; 2018-2019
• Certain Steel Nails From the Republic of Korea: Final Results of Antidumping Duty Administrative Review; 2019-2020
• Certain Uncoated Paper From Brazil, the People's Republic of China, and Indonesia: Affirmative Final Determinations of Circumvention of the Antidumping Duty Orders and Countervailing Duty Orders for Certain Uncoated Paper Rolls; Correction
• Investigations; Determinations, Modifications, and Rulings, etc.: Distributional Effects of Trade and Trade Policy on U.S. Workers
• Barium Chloride From India; Institution of Countervailing Duty and Antidumping Duty Investigations and Scheduling of Preliminary Phase Investigations
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Steel Nails From the Republic of Korea: Final Results of Antidumping Duty Administrative Review; 2019-2020
• Investigations; Determinations, Modifications, and Rulings, etc.: Notice of Commission Determination To Conduct Full Five-Year Reviews; Hot-Rolled Steel Flat Products From Australia, Brazil, Japan, Korea, the Netherlands, Russia, Turkey, and the United Kingdom
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Sodium Nitrite From India and Russia; Institution of Antidumping and Countervailing Duty Investigations and Scheduling of Preliminary Phase Investigations
• Investigations; Determinations, Modifications, and Rulings, etc.: Certain Refrigerator Water Filtration Devices and Components Thereof; Notice of Institution of Investigation
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Safety Standard for Magnets / A Proposed Rule by the Consumer Product Safety Commission on 01/10/2022 - CPSC
ACTION:
Notice of proposed rulemaking.
SUMMARY:
The U.S. Consumer Product Safety Commission (Commission or CPSC) has determined preliminarily that there is an unreasonable risk of injury and death, particularly to children and teens, associated with ingestion of one or more high-powered magnets. To address this risk, the Commission proposes a rule, under the Consumer Product Safety Act, to apply to consumer products that are designed, marketed, or intended to be used for entertainment, jewelry (including children's jewelry), mental stimulation, stress relief, or a combination of these purposes, and that contain one or more loose or separable magnets. Toys that are subject to CPSC's mandatory toy standard are exempt from the proposed rule. Each loose or separable magnet in a product that is subject to the proposed rule and that fits entirely within CPSC's small parts cylinder would be required to have a flux index of less than 50 kG2 mm2 . The Commission requests comments about all aspects of this notice, including the risk of injury, the proposed scope and requirements, alternatives to the proposed rule, and the economic impacts of the proposed rule and alternatives.
DATES:
Submit comments by March 28, 2022.
ADDRESSES:
Submit written comments, identified by Docket No. CPSC-2021-0037, using the methods described below. CPSC encourages you to submit comments electronically, rather than in hard copy.
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Maximum Penalty Fees Adjusted - Federal Martime Commission
The Federal Maritime Commission will increase the maximum penalties assessed for statutory violations effective January 15, 2022, as required by the Federal Civil Penalties Inflation Adjustment Act of 2015. The increases are tied to the rate of inflation.
Maximum penalties for knowing and willful violations of the Shipping Act will increase to $65,666 from $61,820; and maximum penalties for violations that are not knowing and willful will increase to $13,132 from $12,363.
The Commission will also increase the fees for nine other penalties. The complete list of penalties is published in the Federal Register and on the Commission’s website.
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$8.7 Million Fake Jewelry Seized by Cincinnati, Indianapolis CBP - U.S. Customs & Border Protection
CINCINNATI — From December 24-January 5, U.S. Customs and Border Protection (CBP) officers in Cincinnati and Indianapolis seized four large shipments of jewelry deemed to be counterfeit by CBP’s Centers of Excellence and Expertise, the agency’s trade experts.
On December 24, CBP officers in Cincinnati seized a shipment containing 13,467 pieces of counterfeit jewelry bearing protected trademarks of Bvlgari, Cartier, Coach, Gucci, Louis Vuitton, Michael Kors, Rolex, Tiffany, Tori Burch, and Versace. The jewelry, which came from China, would have been worth a total of $3,727,488 million had it been genuine.
Eleven days later, Indianapolis CBP stopped a shipment of 1,272 pieces of counterfeit jewelry bearing protected trademarks from multiple brands valued at $2,059,511. The following day, Indianapolis officers seized two shipments, one containing 278 items of counterfeit Cartier and Hermes bracelets and the other 1,680 items bearing a multitude of trademarks including Chanel, Dior, Pandora, Prada, and Tiffany. The shipments would have been worth $1,975,180 and $899,700 respectively had they been real.
The packages were headed to private residences in Laredo, TX, Omaha, NE, and White Plains, NY.
“This is just another example of the work our officers do to protect consumers and the U.S. economy,” said LaFonda D. Sutton-Burke, Director, Field Operations-Chicago. “As consumers increasingly purchase from online or third-party vendors, our officers are at the frontline to guard against defrauders expecting to make money selling fake merchandise.”
Intellectual property is a critical component of the U.S. economy, and Indianapolis Acting Port Director Timothy Hubbard and Cincinnati Port Director Richard Gillespie emphasized the necessary role CBP plays in protecting the economy and consumer safety and health.
“Legitimate trade strengthens our economy,” said Indianapolis Acting Port Director Timothy Hubbard, “but counterfeit and pirated goods threaten American jobs and innovation.”
“Protecting intellectual property rights remains a priority trade issue for CBP,” said Cincinnati Port Director Richard Gillespie, “and our officers are committed to American consumers and our economic security.”
The rapid growth of e-commerce enables consumers to search for and easily purchase millions of products through online vendors, but this easy access gives counterfeit and pirated goods more ways to enter the U.S. economy. U.S. consumers spend more than $100 billion every year on intellectual property rights (IPR) infringing goods, falling victim to approximately 20% of the counterfeits that are illegally sold worldwide.
CBP has 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.
For more ways to protect yourself from counterfeit and pirated goods, visit https://www.stopfakes.gov/