THIS JUST IN: USDA Issues Permit for Santa’s
Reindeer to Enter the U.S. - USDA
The U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) today issued a transit permit to Mr. S. Nicholas Claus of the North Pole, a distributor with Gifts and Good Cheer, Inc. The permit will allow reindeer to enter and exit the United States between the hours of 6 p.m. on Dec. 24, 2023, and 6 a.m. on Dec. 25, 2023, local time, through or over any U.S. border port.
"USDA is delighted to grant Mr. Claus and his reindeer a special permit to enter the United States, ensuring a seamless journey for the joy they bring each holiday season," said Jenny Lester Moffitt, Under Secretary for Marketing and Regulatory Programs. "We extend a warm welcome to Mr. Claus and recognize the vital role of U.S. milk and cookies in fueling his festive flight."
Veterinary officials ensured the reindeer met all entry requirements before issuing the permit. Dr. Rosemary Sifford, USDA’s Chief Veterinary Officer, stated: “At a recent inspection, the reindeer were found to be healthy and able to prance and paw with each hoof.”
It was noted on the health certificate that one reindeer, Rudolph, has a minor physical anomaly. However, APHIS indicated that Rudolph’s red nose, while bright, was normal for him and not a concern.
APHIS regulates the movement of cervids, including reindeer, to protect the health of America’s livestock population. The permitting process provides assurance that only healthy animals enter the United States.
USDA has confirmed that the reindeer will arrive pulling a wooden sleigh with jingling bells attached, filled with brightly wrapped gifts. Port personnel will clean and disinfect the runners and underside of the sleigh at the time of entry. They will also conduct a short visual inspection of the reindeer. Mr. Claus has been asked to disinfect his boots and thoroughly wash his hands. These measures are intended to prevent the entry of any livestock diseases the team may encounter during deliveries to farms and houses around the world prior to entering the United States.
Mr. Claus also provided an advance list of what port personnel should expect upon their arrival. This includes a variety of food items, all of which come from approved locations and none of which pose a threat to U.S. animal or plant health.
“It’s important that Gifts and Good Cheer, Inc. take all the right steps and precautions to protect against the potential introduction of pests and diseases,” explained Mr. Claus. “I appreciate USDA’s assistance every year as we gear up for our big night.”
Whether you celebrate Christmas, Hanukkah, Bodhi Day, Noche Buena, Winter Solstice, Kwanzaa, Diwali, or other holidays during this time of year, USDA wishes you a happy and healthy season full of time-honored traditions and celebrations.
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Federal Register Notices:
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Pea Protein From the People's Republic of China: Preliminary Affirmative Countervailing Duty Determination, Preliminary Affirmative Critical Circumstances Determination, and Alignment of Final Determination With Final Antidumping Duty Determination
• Brass Rod From India: Final Affirmative Countervailing Duty Determination
• Investigations; Determinations, Modifications, and Rulings, etc.: Large Power Transformers From South Korea; Notice of Commission Determination To Conduct a Full Five-Year Review
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Polyethylene Terephthalate Film, Sheet, and Strip From India: Final Results of Antidumping Duty Administrative Review; 2017-2018; Correction
• Investigations; Determinations, Modifications, and Rulings, etc.: Certain Audio Players and Components Thereof (II); Notice of Commission Determination To Review in Part, and, on Review, To Affirm in Part and Take no Position in Part on a Final Initial Determination Finding no Violation of Section 337; Termination of Investigation
• Low Melt Polyester Staple Fiber From South Korea and Taiwan
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Finished Carbon Steel Flanges From Spain: Final Results of Antidumping Duty Administrative Review; 2021-2022
• Glycine From Japan: Final Results of Antidumping Duty Administrative Review; 2021-2022
• Investigations; Determinations, Modifications, and Rulings, etc.: Certain Electronic Computing Devices and Components Thereof; Notice of Institution of Investigation
• Certain Disposable Vaporizer Devices and Components and Packaging Thereof; Notice of Institution of Investigation
• Certain Semiconductor Devices, Mobile Services Contacting the Same, and Components Thereof; Notice of a Commission Determination Not to Review an Initial Determination Granting a Joint Motion To Terminate the Investigation Due to Settlement; Termination of the Investigation
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Citric Acid and Certain Citrate Salts From Belgium: Final Results of the Sunset Review of the Antidumping Duty Order
• Oil Country Tubular Goods From Ukraine: Final Results of Antidumping Duty Administrative Review; 2021-2022
• Polyethylene Terephthalate Film, Sheet, and Strip From Taiwan: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2021-2022
• Determination of Sales at Less-Than-Fair Value: Gas Powered Pressure Washers From the People's Republic of China: Final Affirmative Determination of Sales at Less-Than-Fair Value, and Final Affirmative Critical Circumstances Determinations, in Part
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Low Melt Polyester Staple Fiber From the Republic of Korea and Taiwan: Continuation of Antidumping Duty Orders
• Large Diameter Welded Pipe From Greece: Final Results of Antidumping Duty Administrative Review; 2021-2022
• Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China: Preliminary Results of Countervailing Duty Administrative Review, and Rescission in Part; 2021
• Gas Powered Pressure Washers From the People's Republic of China: Final Affirmative Countervailing Duty Determination and Final Affirmative Critical Circumstances Determination, in Part
• Certain Collated Steel Staples From the People's Republic of China: Final Results of Countervailing Duty Administrative Review; 2021
• Finished Carbon Steel Flanges From India: Final Results of Antidumping Duty Administrative Review; 2021-2022
• Investigations; Determinations, Modifications, and Rulings, etc.: Certain Wet Dry Surface Cleaning Devices; Notice of Final Determination Finding a Violation of Section 337; Issuance of Limited Exclusion Order, Cease and Desist Order, and Bond; Termination of Investigation
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District Court Enjoins New York and Delaware Companies from Manufacturing and Distributing Adulterated and Misbranded Dietary Supplements - Department of Justice
A federal court on Dec. 13 enjoined two New York companies, a Delaware company and the companies’ owner from distributing and manufacturing adulterated and misbranded dietary supplements in violation of the Federal Food, Drug and Cosmetic Act (FDCA).
In a civil complaint filed on Dec. 11 in the U.S. District Court for the Eastern District of New York at the request of the U.S. Food and Drug Administration (FDA), the United States alleged that Total Body Nutrition LLC, TBN Labs LLC and Loud Muscle Science LLC (collectively TBN companies) and the companies’ owner, Mohammed Islam, violated the FDCA at the companies’ facility in Hauppauge, New York, and their previous facility in Edgewood, New York, by manufacturing and distributing adulterated and misbranded dietary supplements. The complaint alleged that Islam and the TBN companies violated the FDCA by manufacturing dietary supplements without establishing product specifications for the finished batches and without testing or examining the finished batches to verify that they met product specifications, and by using dietary ingredients in their dietary supplements without first testing or examining the ingredients to verify their identity. The complaint also alleged that the FDA inspected the TBN companies’ current and previous facilities four times, in 2017, 2018, 2021 and 2023, and found violations of the FDCA at each inspection. According to the complaint, FDA also issued Islam and the TBN companies warning letters in 2016, 2017 and 2019.
“Dietary supplement manufacturers and distributors have an important responsibility to ensure product quality and safety,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “The Justice Department will continue to work closely with the FDA and take action against manufacturers and distributors who fail to abide by laws designed to protect public health.”
“Consumers trust that dietary supplements they purchase are unadulterated,” said U.S. Attorney Breon Peace for the Eastern District of New York. “My office is working diligently with our partners at the Justice Department’s Consumer Protection Branch and the FDA to ensure that these products are what they purport to be and safe. When they are not, we will take all appropriate action to protect consumers.”
“It is imperative that dietary supplement manufacturers comply with the FDA’s regulatory requirements to help ensure product safety and protect consumers,” said Acting Associate Commissioner Michael C. Rogers, MS, of FDA’s Office of Regulatory Affairs. “When evidence of non-compliance is identified, the agency holds dietary supplement manufacturers responsible. The FDA is dedicated to exercising its full authority under the law to take action against adulterated dietary supplements, as part of our ongoing commitment to protect the health of U.S. consumers.”
Islam and the TBN companies agreed to settle the suit and be bound by a consent decree of permanent injunction. The negotiated consent decree entered by the court permanently enjoins Islam and the TBN companies from violating the FDCA, and requires, among other things, that Islam and the TBN companies comply with the dietary supplement current good manufacturing practice regulations and the dietary supplement labeling provisions of the FDCA and its implementing regulations. Further, Islam and the TBN companies must destroy all of their adulterated dietary supplements.
Trial Attorney Kimberly R. Stephens of the Civil Division’s Consumer Protection Branch is handling the case with the assistance of Assistant U.S. Attorney Michael Blume for the Eastern District of New York and Associate Chief Counsel Roselle Oberstein of the FDA’s Office of the Chief Counsel.
Additional information about the Consumer Protection Branch and its enforcement efforts can be found at www.justice.gov/civil/consumer-protection-branch.
The claims resolved by the consent decree announced today are allegations only, and there has been no determination of liability.
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Cincinnati CBP Seizes $6.9 Million in Counterfeit High-end Jewelry - U.S. Customs & Border Protection
CINCINNATI — From December 1-7, U.S. Customs and Border Protection (CBP) officers in Cincinnati were vigilant intercepting 11 shipments containing counterfeit jewelry ahead of the holidays. If the 11 shipments of jewelry--which came from India, Hong Kong, and Indonesia--has all been genuine, the merchandise would have been worth over $6.96 million.
On December 1, officers seized a shipment containing 783 pieces of counterfeit jewelry. The package originated in Hong Kong and contained bracelets, earrings, and necklaces displaying the logos of Fendi, Versace, Cartier, Christian Dior, and Tiffany & Co. The shipment was destined to a residential address in North Carolina. Based on the cheap generic packaging, lack of intricate details, and routing led to the seizure of this shipment by officers in Cincinnati. Had this high-end jewelry been authentic, the Manufacturer’s Suggested Retail Price (MSRP) would have been $992,046.
The next day, enforcement efforts led to the seizure of 60 sets of jewelry originating in Hong Kong including designers such as Cartier, Michael Kors, Tory Burch, and Gucci. The following day officers opened a box from Indonesia containing one Audemars Piguet watch lacking the fine details needed to be genuine. Both shipments were headed to private residences in North Carolina and Maryland.
On December 6, officers inspecting freight discovered six more shipments containing counterfeit merchandise. One of the shipments included 650 pieces of phony Van Cleef earrings, bracelets, and necklaces with an MSRP of over $1.7 million. Another box contained 102 Rolex watches with matching boxes, along with 20 Gucci belts totaling over $3 million had the watches and belts been genuine. Another four shipments were intercepted including one Franck Muller watch, one Cartier watch, one Tissot watch, and 5 Apple watches.
Lastly on December 7, two more shipments of various fake merchandise were seized. One held a mixture of counterfeit jewelry and headbands with the logos of Chanel, Louis Vuitton, Van Cleef, Dior, and even Mickey Mouse. The last shipment was loaded with 125 counterfeit watches displaying logos of Adidas, Coach, Tous, Gucci, and Rolex.
“CBP protects legitimate trade practices and recommends shoppers purchase their holiday gifts from reputable websites and businesses,” said Cincinnati Port Director Alrick Brooks. “With the influx in e-commerce, purchasing gifts online can be misleading through third-party sites. We encourage you to be aware and report any suspicious illegal trade activity.”
All 11 shipments discovered, were determined to be counterfeit by CBP’s Centers for Excellence and Expertise (CEEs), the agency’s trade experts and were seized for infringing on the designer’s protected trademarks.
“Protecting the American people, our borders, and enhancing economic prosperity is our job here at US Customs and Border Protection,” said LaFonda D. Sutton-Burke, Director of Chicago Field Operations. “Officers are trained to detect shipments containing Intellectual Property Rights (IPR) violations, and the officers at the Port of Cincinnati do this job very well. By enabling compliant trade, we are protecting the American consumer and the businesses.”
CBP has established an educational initiative to raise consumer awareness about the consequences and dangers that are often associated with the purchase of counterfeit and pirated goods. The economic impacts of counterfeit goods are real and translates to lost profits and jobs over time. Information about the Truth Behind Counterfeits public awareness campaign can be found at https://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 Violations Reporting System or by calling 1-800-BE-ALERT. IPR 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.
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DOT Penalizes Southwest Airlines $140 Million for 2022 Holiday Meltdown - Department of Transportation
DOT ensured Southwest paid over $600 million back to passengers and issued record penalty – 30 times larger than any in DOT history – to deter other airlines from failing to protect customers during disruptions
WASHINGTON – The U.S. Department of Transportation (DOT) today announced a $140 million civil penalty against Southwest Airlines for numerous violations of consumer protection laws during and after the operational failures that cancelled 16,900 flights and stranded over two million passengers over the 2022 Christmas holiday and into the New Year. This penalty is 30 times larger than any previous DOT penalty for consumer protection violations. The majority of the penalty will go towards compensating future Southwest passengers affected by cancellations or significant delays caused by the airline.
The penalty is in addition to the more than $600 million in refunds and reimbursements that DOT already ensured Southwest provide passengers who faced travel disruptions during the operational meltdown. In September 2022, at the urging of Secretary Buttigieg, Southwest Airlines made significant changes to its customer service plan that entitled passengers to reimbursements for expenses such as meals, hotels, and ground transportation if a flight is significantly delayed or cancelled due to an airline issue. As a result of DOT’s actions, Southwest was legally required to adhere to those commitments during the 2022 holiday travel meltdown.
In total, Southwest will pay over $750 million for the holiday meltdown — with the vast majority going to passengers for refunds, reimbursements, rapid rewards, or future compensation — due to DOT’s actions.
“Today’s action sets a new precedent and sends a clear message: if airlines fail their passengers, we will use the full extent of our authority to hold them accountable,” said U.S. Transportation Secretary Pete Buttigieg. “Taking care of passengers is not just the right thing to do — it's required, and this penalty should put all airlines on notice to take every step possible to ensure that a meltdown like this never happens again.”
DOT’s rigorous and comprehensive investigation into Southwest’s operations during the 2022 holiday season included examining tens of thousands of pages documents, conducting several multi-day, in-person audits and site visits at Southwest’s headquarters, reviewing thousands of consumer complaints, and consulting with various third parties, such as airports. In addition, DOT regularly met with Southwest officials to gather information, ask questions, and ensure that any issues identified in the investigation were immediately addressed. DOT also reviewed Southwest’s internal policies and processes for responding to consumer concerns and providing impacted consumers with compensation. DOJ’s Consumer Protection Branch provided valuable assistance to the Department in this important investigation.
Specifically, in its investigation, DOT found the company violated consumer protection laws by:
Read further
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Statement from USTR Spokesperson Sam Michel on WTO Panel Ruling: Türkiye – Additional Duties on Certain Products from the United States (DS561) - US Trade Representative
WASHINGTON – Today, a WTO panel circulated the final, public report in the challenge brought by the United States against the retaliatory tariffs of Türkiye imposed in response to the U.S. Section 232 national security actions on steel and aluminum.
Statement from USTR Spokesperson Sam Michel:
The United States is pleased with the World Trade Organization (WTO) panel report released today, recognizing that the U.S. Section 232 actions on steel and aluminum are security measures, and that Türkiye violated WTO rules by adopting retaliatory tariffs disguised as safeguard measures. This report follows the positive outcome in the case against China’s retaliatory tariffs announced in August.
Türkiye’s decision to pursue this dispute highlights the contradiction of both suing the United States in the WTO and at the same time unilaterally retaliating with tariffs. The panel rightly rejected Türkiye’s argument that the U.S. Section 232 actions are safeguard measures that may be “rebalanced” under WTO rules.
Türkiye’s use of the WTO dispute settlement system to challenge the U.S. Section 232 national security actions undermines the WTO. The WTO does not have the authority to second-guess a WTO Member’s response to threats to its security, and WTO reform must ensure that issues of national security cannot be reviewed in WTO dispute settlement. Furthermore, the WTO has proven ineffective at addressing non-market excess capacity from China and others, including Türkiye itself, that is an existential threat to market-oriented steel and aluminum sectors and, through the effects on imports, a threat to U.S. national security, including by eroding U.S. steel and aluminum manufacturing capacity.
The Biden-Harris Administration is committed to standing up for U.S. workers, and all workers of market-oriented companies and industries, and creating and maintaining a fair, worker-centered trading system.
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Safely Using Hand Sanitizer - U.S. Food & Drug Administration
We can help stop the spread of COVID-19 and other infectious diseases by washing our hands regularly with soap and water for 20 seconds – especially after going to the bathroom, before eating, and after coughing, sneezing, or blowing our nose. If soap and water are not available, the Centers for Disease Control and Prevention recommend using alcohol-based hand sanitizers containing at least 60% alcohol to help you avoid getting sick and spreading germs to others.
Rub the hand sanitizer all over your hands, making sure to get between your fingers and on the back of your hands. Do not wipe or rinse off the hand sanitizer before it dries. Do not use hand sanitizer if your hands are visibly dirty or greasy; wash your hands with soap and water instead.
If you use alcohol-based hand sanitizers, keep these safety tips in mind.
Hand Sanitizers Are Drugs
Hand sanitizers are regulated as over-the-counter (OTC, or nonprescription) drugs by the U.S. Food and Drug Administration. If you use alcohol-based hand sanitizers, read and follow the Drug Facts label, particularly the warnings section.
Store hand sanitizer out of the reach of pets and children, and kids should use it only with adult supervision. Call your doctor or the Poison Help Line at 1-800-222-1222 if you have a serious reaction to hand sanitizer.
Also, remember these safety tips:
• Keep hand sanitizer out of your eyes.
• Use hand sanitizer in a well-ventilated area.
• Supervise children using hand sanitizer.
• Do not drink hand sanitizer. This is particularly important for young children, especially toddlers, who may be attracted by the pleasant smell or brightly colored bottles of hand sanitizer. Drinking even a small amount of hand sanitizer can cause alcohol poisoning in children. (But there is no need to be concerned if your children eat with or lick their hands after using hand sanitizer.) Poison control centers have had an increase in calls about accidental ingestion of hand sanitizer, so it is important that adults monitor young children’s use.
• Beware of alcohol-based hand sanitizers that are packaged in containers that may appear as food or drinks, and of those that contain food flavors or fragrances.
• The FDA found hand sanitizers that contain food flavors or fragrances, such as chocolate or raspberry. Eating or drinking these products can cause serious injury or death.
• Do not use these products on your pets, and do not allow pets to swallow hand sanitizer. If you think your pet has eaten something potentially dangerous, call your veterinarian or a pet poison control center right away. The FDA offers advice and resources related to potentially dangerous items for your pet.
• Hand sanitizer is flammable. Keep hand sanitizer away from heat and flames. When using hand sanitizer, rub your hands until they feel completely dry before performing activities that may involve heat, sparks, static electricity, or open flames.
Check the FDA’s List of Hand Sanitizers Consumers Should Not Use
The FDA discovered serious safety concerns with some hand sanitizers during testing. This includes some hand sanitizers that:
• Are contaminated with potentially toxic types of alcohol.
• Do not contain enough active ingredient (ethyl alcohol or isopropyl alcohol).
• Have labels containing false, misleading, or unproven claims.
Before you buy hand sanitizer or use hand sanitizer you have at home, check the FDA’s list of hand sanitizers consumers should not use at www.fda.gov/handsanitizerlist.
Health care professionals and consumers are encouraged to report adverse events or side effects related to the use of these products to the FDA’s MedWatch Safety Information and Adverse Event Reporting program:
• Complete and submit the report online.
• Download the form or call 1-800-332-1088 to request a reporting form, then complete and return to the address on the form or submit by fax to 1-800-FDA-0178.
Hand sanitizers are a convenient alternative when handwashing with soap and water isn’t possible. You can help protect yourself and your family from diseases with simple hygiene. For more information, visit: Q&A for Consumers: Hand Sanitizers and COVID-19. For the latest information and resources on COVID-19, visit covid.gov.