Statement by FMCS Director George H. Cohen on United States
Maritime Alliance and International Longshoremen’s Association
Labor Negotiations
International Longshoremen's Association / http://www.ilaunion.org/pdf/USMX_Negotiations.pdf
WASHINGTON, D.C. — “I am pleased to announce that five days of productive negotiations between the parties concluded on Saturday and that negotiations will resume next week under the auspices of the Federal Mediation an d Conciliation Service. Further, I wish to commend the parties for their hard work and commitment to this process. The parties are making good progress on a number of difficult issues at the full committee and subcommittee levels.”
“As is our custom and practice, due to the sensitive nature of these high profile negotiations, we will have no further comment on the schedule for the negotiations, their location, or the substance of what takes place du ring those negotiations.”
Modifications to Certain Textile & Apparel Rules of Origin Under the United States-Dominican Republic-Central America Free Trade Agreement (CAFTA-DR)
U.S. Customs & Border Protection / www.cbp.gov
Background:
On February 23, 2011, the CAFTA-DR Free Trade Commission adopted amendments to certain rules of origin for textile and apparel goods set forth in Annex 4.1 of the Agreement. These changes were subsequently signed into U.S. law on August 10, 2012 (Public Law 112-63) and incorporated into the Harmonized Tariff Schedule of the United States (HTS). However, the changes could not enter into effect until the Office of the U.S. Trade Representative (USTR) determined and provided notice that the equivalent amendments entered into force in all other CAFTA-DR Parties.
These steps have now been completed and on September 26, 2012, USTR published a notice in the Federal Register (77 FR 59241) announcing October 13, 2012 as the effective date for these certain modifications to the textile and apparel preference rules.
Summary of Modifications:
Commercial Availability (“Short Supply”) Rules
Three of the modifications to the CAFTA-DR textile and apparel rules affect the Agreement’s short supply provisions (HTS GN 29 (m)(vii) and HTS 9822.05.01):
1. HTS General Note (GN) 29 (m)(viii) provides three separate short supply rules for:
· Textile goods of chapters 50 through 60;
· Apparel goods of chapters 61 and 62; or
· Made-up textile goods of chapter 63 or 94
Each of these provisions is amended to remove the requirement that any elastomeric yarn contained in the short supply yarns or fabrics be formed in the territory of one or more of the Parties to the Agreement.
If such goods are made from a combination of short supply materials and originating materials, then the originating materials may contain up to ten percent by weight of fibers or yarns that do not undergo an applicable change in tariff classification (HTS GN 29 (n)) but any elastomeric yarn contained in the originating materials must be formed and finished in the territory of one or more of the Parties to the Agreement.
2. The short supply rule for apparel found in HTS GN 29 (m)(viii)(B) is modified so that the rule applies to the outer shell, excluding not only collars and cuffs, but also ribbed waistbands in limited applications. The new outer shell language for GN 29 (m)(viii)(B) reads:
…outer shell, exclusive of collars, cuffs, and ribbed waistbands (only if the ribbed waistband is present in combination with cuffs and identical in fabric construction to the cuffs)…
Under HTS GN 29 (m)(viii)(B), the short supply rule for apparel goods in chapters 61 and 62, the outer shell must be wholly of one or more of the fabrics listed in Annex 3.25 (Short Supply List), one or more fabrics or knit to shape components formed in the territory of one or more of the Parties to the Agreement from one or more of the yarns listed in Annex 3.25 (Short Supply List), or any combination of such fabrics or knit to shape components and originating fabrics or knit to shape components.
Because of the exclusions, the collars, cuffs, and ribbed waistbands do not need to be knit to shape from yarns listed in Annex 3.25 (Short Supply List) or originating yarns.
3. A new chapter rule is created for chapters 61 (rule 6), 62 (rule 6) and 63 (rule 3) under HTS GN 29 (n) to permit materials listed in Annex 3.25 (Short Supply List), of any origin, to be utilized to satisfy the other chapter rules of HTS GN 29 (n). Such goods of chapter 61, 62 or 63 will be considered originating provided the required change in tariff classification dictated by the product specific rule occurs.
The existing chapter rules for chapters 61 and 62 cover the visible lining fabric, narrow elastic fabric, sewing thread and pocket bag fabric. The chapter rules for chapter 63 cover sewing thread.
Sewing Thread Chapter Rule for Goods of Chapters 61 (rule 4), 62 (rule 4) and 63 (rule 2)
The CAFTA-DR chapter rules for sewing thread found in HTS GN 29 (n) chapters 61, 62 and 63 are modified by adding “yarn of heading 5402 used as sewing thread” to the original chapter rule. Therefore goods of chapters 61, 62 or 63 containing sewing thread of heading 5204, 5401, 5508 or yarn of heading 5402 used as sewing thread, shall be considered originating only if such sewing thread or yarn is both formed and finished in the territory of one or more of the Parties.
Product Specific Tariff Shift Rule for Women’s and Girls’ Woven Sleepwear
The product specific tariff shift rule of HTS GN 29 (n) chapter 62 no. 33 is modified in two ways. First, the word “nightwear” is replaced with “sleepwear.” Second, additional HTS numbers for certain women’s and girls’ woven sleepwear are added to the “cut and sew” tariff shift rule. The added HTS numbers are 6208.91.3010, 6208.91.3020, 6208.92.0030, 6208.92.0040, and 6208.99.2020.
The Agreement’s “cut and sew” tariff shift rules require only that the goods undergo a change in classification “from any other chapter, provided that the good is cut or knit to shape, or both, sewn or otherwise assembled in the territory of one or more of the Parties.”
Action:
As of October 13, 2012, textile and apparel goods entered, or withdrawn, for consumption, must meet the amended rules under CAFTA-DR, found in HTS GN 29, in order to qualify for duty-free treatment. Any post entry preference claims filed for goods entered prior to October 13, 2012, must comply with the CAFTA-DR rules in effect on the date of entry.
CBP Seizes 200 Flammable Mattresses
Unsafe Mattresses From China Intercepted at LA/LB Seaport
U.S. Customs & Border Protection / www.cbp.gov
Los Angeles — U.S. Customs and Border Protection (CBP) officers and import specialists, in collaboration with U.S. Consumer Product Safety Commission (CPSC) investigators, seized 200 cotton mattresses at Los Angeles/Long Beach seaport complex for violating the Flammable Fabrics Act.
The mattresses, coming from China, were burn-tested in a CPSC scientific laboratory setting and failed to meet the federal safety standard for open-flame fire resistance before sale or introduction in to the U.S. commerce.
The mattress rule is a life-saving benefit. It provides better protection, with a federal flammability standard that limits the spread and intensity in a mattress fire. This gives consumers valuable time of approximately 30 minutes to escape if there is a fire.
Mattresses in compliance lessen the possibility for a flashover to happen.< /span>
“CBP enforces more than 400 laws and regulations of 40 different agencies. This is one example of protecting the public from unreasonable risks of injury, death or property damage from products that pose a fire hazard and are regulated by the CPSC,” commented Todd C. Owen, CBP director of field operations in Los Angeles.< /span>
Increased fire resistance does not mean there is no fire risk. Instead, a noncompliant mattress is in flames within minutes compared to one with the federal open-flame standard.
The affixed labels also failed to meet the standards. They did not include the manufacturer’s address, date (month and year) of manufacture, or prototype identification number. They misled that the mattresses met the federal flammability open-flame standard.
Mattresses which were manufactured on or after July 1, 2007, must meet the federal flammability requirement of 16 CFR 1633 and have an attached label that states this compliance, along with identifying manufacturer and importer information.
The rule’s purpose is to reduce deaths and injuries associated with mattress fires by limiting the size of the fire, particularly those initially ignited by open flame sources such as lighters, candles and matches.
The flammability standard directed toward cigarette ignition of mattresses, 16 CFR 1632, in place for more than 30 years, does not directly address a significant number of mattress fires which are ignited by open flame sources.
CBP Officers Find Methamphetamine Concealed in New Mexico Woman’s Undergarments
U.S. Customs & Border Protection / www.cbp.gov
El Paso, Texas – U.S. Customs and Border Protection officers working at the El Paso, Texas port of entry seized almost three pounds of methamphetamine Thursday night. The drugs were hidden on the body of a 47-year-old New Mexico woman.
“CBP officers remain vigilant knowing that at any moment they may be facing a drug smuggler,” said Hector Mancha, CBP El Paso Port Director. “A smuggler may be male or female, young or old, walking or driving.”
The seizure was made shortly after 6 p.m. when the woman entered the Ysleta international crossing as a pedestrian. CBP officers selected the traveler for a secondary examination. During the exam CBP officers located a suspicious package under her clothing. CBP officers found two methamphetamine-filled bundles hidden between her thighs held in place by an elastic girdle. The drugs weighed 2.86 pounds.
CBP officers took custody of the female, 47-year-old Irma Estela Herrera De Nunez of Truth or Consequences, New Mexico. She was arrested by U.S. Immigration and Customs Enforcement Special Agents to face charges in connection with the failed smuggling attempt. She is currently detained at the El Paso County Jail being held without bond.
U.S. Customs and Border Protection officers’ primary mission is anti-terrorism; they screen all people, vehicles, and goods entering the United States, while facilitating the flow of legitimate trade and travel into and out of the United States. Their mission also includes carrying out traditional border-related responsibilities, including narcotics interdiction, enforcing immigration law, protecting the nation’s food supply and agriculture industry from pests and diseases, and enforcing trade laws.
U. S. Customs and Border Protection Announces Change in Hours of Operation for two Border Crossings
U.S. Customs & Border Protection / www. cbp.gov
Champlain, NY – U.S. Customs and Border Protection recently announced changes in the hours of operation for the Churubusco and Cannons Corners border crossings in accordance with a winter schedule.
Effective November 1, the new hours of operation at the aforementioned facilities will be 8:00 a.m. to 4:00 p.m. until April 30, 2013. Please contact the Trout River Port of Entry at (518) 483-0821 or the Port of Champlain at (518) 298-8346 for additional information.
Chicago Customs and Border Protection Officers and Chemists Find New Harmful Highs Coming to America
U.S. Customs & Border Protection / www.cbp.gov
Chicago – The illegal world of imported synthetic drugs has exploded in recent years with the volume of designer highs reaching whole new levels of mysterious molecular harm. As federal narcotics regulations broaden to include more illegal substances, illicit foreign chemists are wasting no time in concocting and selling new nonscheduled mimicking variations over the internet, hoping to circumvent Schedule 1 Controlled Substance classifications in the United States. In the last few months, U.S. Customs and Border Protection Laboratories and Scientific Services chemists in Chicago have identified three new imported synthetic marijuana and methamphetamine compound derivatives coming to America.
Recently, Chicago CBP chemists received a new organic synthetic cannabinoid, commonly known as synthetic marijuana. In September, t he CBP Laboratory in Puerto Rico received a sample of this new organic compound for analysis from a local CBP express courier operation.
The sample was transferred to the Chicago CBP Laboratory which was able to provide further analytical data which was then identified by the CBP Laboratory in San Francisco. Arriving in a parcel from China and mis-manifested as a crystalline powder, this new synthetic marijuana was identified as 5F-AKB48, an analogue of AKB48. The Chicago CBP Laboratory has identified another new variation of synthetic marijuana known as A-834,735, which arrived in a parcel at the Chicago International Mail Branch.
During this summer, the Chicago CBP Laboratory analyzed an unknown beige powder and identified it as 6-APDB HCl, an analogue of MDA HCl. MDA HCl is an analogue of MDMA HCl which is also known as ecstasy.
“We are seeing a whole new level of synthetic highs coming to America,” said William Wagner, Chicago CBP Laboratory Team Leader. “Our CBP chemists have tested hundreds of samples and uncovered emerging trends in the increase in variations of synthetic marijuana, bath salts and other synthetic drugs. In some cases, the chemical compound that arrives in the overseas packet is 100 to 80 0 times more potent than its natural counterpart. Upon ingestion, side effects can include elevated heart rates, paranoia, vomiting, severe agitation and hallucinations. It is simply unsafe to take these unknown drugs.”
CBP officers, working at international mail facilities and express consignment courier hub operations throughout the country, inspect thousands of incoming parcels each day. Upon detection of a questionable substance, officers will detain the shipment and send samples to CBP chemists for analysis. If the shipment was incorrectly manifested or contained an illegal substance, the shipment is seized.
“These unpredictable chemical combinations are sending some users to the hospital and others to the grave,” said Steven Artino, CBP Chicago Acting Director of Field Operations. “Our CBP officers have found these shipments arriving from China and Europe, manifested as various chemicals, white powders, or natural plant materials. The drugs come in bulk or in small kilo-sized heat seale d shiny aluminum Mylar packets that are divided into hundreds of three-gram packets and sold for $30 - $500 each. In recent years, the number of samples sent by our officers to CBP chemists for a determination of legality is increasing.”
CBP LSS provides technical advice and analytical assistance to CBP officers, U.S. Immigration and Customs Enforcement-Homeland Security Investigations agents, Border Patrol agents, and other government entities on a wide range of imports including synthetic designer drugs. CBP laboratories are located in Chicago, IL; San Francisco, CA; San Juan, Puerto Rico; Washington D.C.; Springfield, V A; New York, New York; Savannah, GA; Houston, TX; and Los Angeles, CA.
DHS Announces the Expansion of the Securing the Cities Program to Los Angeles/Long Beach Area
Department of Homeland Security (DHS) / www.dhs.gov
WASHINGTON—The Department of Homeland Security (DHS) today announced the expansion of the Domestic Nuclear Detection Office’s (DNDO) Securing the Cities (STC) program to the Los Angeles/Long Beach area. The STC program is designed to enhance the nation’s ability to detect and prevent a radiological or nuclear attack in cities facing the highest risk.
“Countering chemical, biological, radiological and nuclear threats requires a coordinated, whole-of-government approach,” said Secretary of Homeland Security Janet Napolitano. “The Securing the Cities program is a key component of the Department’s efforts to protect our nation by enhancing our ability to detect and interdict illicit radiological and nuclear weapons or materials in major metropolitan areas.”
As part of the STC program, the Los Angeles/Long Beach area will receive a direct grant of $1 million and an additional $500,000 in training support, and will be eligible to receive additional funding pending Congressional appropriations to build a region-wide, robust nuclear detection capability.
Under the Securing the Cities program, DNDO will partner with the City of Los Angeles Mayor’s office to develop a regional structure of law enforcement and first responder organizations to identify, prevent and respond to potential nuclear or radiological threats. DNDO will also assist regional partners in conducting training and exercises to further their nuclear detection capabilities and coordinate these with federal operations. Initial efforts in the Los Angeles/Long Beach area will focus on meeting the immediat e needs of state and local agencies to develop baseline nuclear detection and reporting capabilities, including equipment and training.
The effort in the Los Angeles/Long Beach area is the first expansion of the STC effort since the program’s inception. Securing the Cities began in 2006 as a pilot project for the New York City region, providing equipment, tools and training through cooperative agreements to the New York Police Department, which in turn distributes grant money to other participating agencies. STC has provided more than 8,500 pieces of detection equipment, trained nearly 13,000 personnel, and conducted more than a hundred drills.