Expiration of GSP, ATPA, and ATPDEA
U.S. Customs & Border Protection/ http://apps.cbp.gov/csms/viewmssg.asp?Recid=19484&page=&srch_argv=gsp&srchtype=&btype=&sortby=&sby=
Expiration of the Generalized System of Preferences (GSP), Andean Trade Preference and Act (ATPA) and the Andean Trade Promotion and Drug Eradication Act (ATPDEA)
Barring Congressional action, the Generalized System of Preferences (GSP), special program indicator (SPI) “A” and “A+,” the Andean Trade Preference Act (ATPA), SPI “J,” and the associated Andean Trade Promotion and Drug Eradication Act (ATPDEA), SPI “J+,” are due to expire for goods entered or withdrawn from warehouse after midnight, July 31, 2013.
Special Procedures for GSP-Eligible Goods:
Importers should pay the normal trade relations (column 1) duty rate but continue to flag GSP-eligible importations with the applicable SPI (“A” or “A+” until further notice. If the program is renewed with a retroactive clause, use of the SPI will allow CBP to process automatic duty refunds. No corresponding procedure is available for the ATPA or ATPDEA programs.
Clarification for African Growth and Opportunity Act (AGOA) Eligible Goods:
Goods eligible for preference under African Growth and Opportunity Act (AGOA) may continue to receive preference on tariff items displaying SPI “A,” “A+” or “D” in the “Special” column of the Harmonized Tariff Schedule of the United States (HTSUS).
To receive AGOA preference on a good with SPI “D” in the “Special” column of the HTSUS, the importer will continue to file the entry summary with SPI “D” and without duty.
To receive AGOA preference on a tariff item with the SPI “A” or “A+” in the “Special” column of the HTSUS (and thus no “D”), the importer will file the entry summary with the SPI “A” but without duty.
Impact on the Merchandise Processing Fee (MPF):
The expiration of GSP has no impact on the payment/non-payment of the merchandise processing fee (MPF).
Questions concerning this guidance should be directed to the Trade Agreements Branch at FTA@dhs.gov.
Administrative Detention of Drugs Intended for Human or Animal Use
Federal Register - FDA / https://www.federalregister.gov/articles/2013/07/15/2013-16843/administrative-detention-of-drugs-intended-for-human-or-animal-use
A Proposed Rule by the Food and Drug Administration on 07/15/2013
Action: Proposed Rule.
Summary:
The Food and Drug Administration (FDA) is proposing a regulation to implement administrative detention authority with respect to drugs intended for human or animal use as authorized by amendments made to the Federal Food, Drug, and Cosmetic Act (the FD&C Act) by the Food and Drug Administration Safety and Innovation Act (FDASIA). Once the applicable regulation is finalized, FDA's administrative detention authority with respect to drugs will allow FDA to better protect the integrity of the drug supply chain. Specifically, FDA will be able to administratively detain drugs encountered during an inspection that an officer or employee conducting an inspection has reason to believe are adulterated or misbranded. This authority is intended to protect the public by preventing distribution or subsequent use of drugs encountered during inspections that are believed to be adulterated or misbranded, until FDA has had time to consider what action it should take concerning the drugs, and to initiate legal action, if appropriate.
Please read entire Proposed Rule
Clarification of Prohibition on Imports from Iran
U.S. Customs & Border P:rotection / http://apps.cbp.gov/csms/viewmssg.asp?Recid=19485&page=&srch_argv=&srchtype=&btype=&sortby=&sby=
Prior to September 29, 2010, the only imports from Iran that were allowed into the United States were carpets, textile floor coverings, carpets used as wall hangings, and foodstuffs for human consumption, with limited exceptions.
Effective September 29, 2010, imports of carpets, textiles, and foodstuffs from Iran were no longer authorized by the Department of the Treasury’s Office of Foreign Assets Control (OFAC) in accordance with the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (CISADA).
As such, effective September 29, 2010, no imports from Iran could be imported lawfully into the United States except for the following items:
Iranian-origin information and informational materials authorized under 31 CFR 560.315.
This OFAC general license to import includes publications, compact disks, and artworks. In order for artworks to be eligible for import under this general license, they must be classified under Heading 9701, 9702, or 9703 of the HTSUS.
Iranian-origin gifts authorized under 31 CFR 560.506.
This OFAC general license to import requires that the articles must be valued at no more than $100, and be of a type and in quantities normally given as gifts between individuals.
Accompanied baggage authorized under 31 CFR 560.507.
This OFAC general license to import is restricted to only articles that are necessary for personal use incident to travel, not intended for any other person or for sale, and are not otherwise prohibited from importation or exportation under applicable U.S. laws.
Household goods and personal effects authorized under 31 CFR 560.524(b).
This OFAC general license to import is restricted to articles that were actually used abroad by the importer or by other family members arriving from the same foreign household, must not be intended for any other person or for sale, and must not be otherwise prohibited from importation. It is noted that CBP Form 3299 is used to import household goods.
For background, refer to OFAC’s Iran sanctions resource page at
http://www.treasury.gov/resource-center/sanctions/Programs/Pages/iran.aspx
Missouri Company Pleads Guilty to Importing $1.8 Million in Products with Counterfeit Safety Labels
U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI) /
http://www.ice.gov/news/releases/1307/130715springfield.htm
SPRINGFIELD, Mo. – A Missouri company pleaded guilty in federal court Monday to importing thousands of lamps from China bearing counterfeit safety certification labels.
This guilty plea is the result of an investigation by U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI)
GuildMaster, Inc., of Springfield, Mo., represented in court by company president Stephen Crowder, pleaded guilty to the felony offense of trafficking in goods with counterfeit marks. The company manufactures and imports furniture, lighting, accessories and wall art.
"Electrical appliances that are untested and unregulated or misrepresent their safety certification can present a safety risk to consumers," said Gary Hartwig, special agent in charge of HSI Chicago, which oversees Missouri. "While law enforcement is working to exclude from the U.S.-based marketplace products that misrepresent their safety endorsements, it is imperative that consumers be aware of the potential danger counterfeit items can pose."
"This prosecution sends the important message that companies importing goods from overseas may not gain a competitive advantage over those that play by the rules, by cutting corners when it comes to safety or intellectual property rights," said Tammy Dickinson, U.S. attorney for the Western District of Missouri.
Under the terms of the plea agreement, GuildMaster must forfeit 5,585 lamps that were seized by U.S. Customs and Border Protection (CBP), valued at about $1.8 million. The company also received five years' probation and forfeited $43,786 in cost bonds. Cost bonds are essentially a form of insurance required by the government in case an importer defaults on debts to government.
In December 2011, CBP discovered that lamps imported by GuildMaster bore counterfeit Underwriters Laboratories (UL) labels. UL is an independent product safety certification organization accredited for safety testing by the Occupational Safety and Health Administration (OSHA). The use of the UL mark is the manufacturer's representation to the public that the lamp as a whole was certified by UL as meeting safety requirements.
Between Jan. 10 and March 21, 2012, agents seized 10 shipments bearing counterfeit UL labels originating from Dongguan, China, and bound for GuildMaster in Springfield. Authorities also executed a search and seizure warrant at GuildMaster's business office and warehouse in Springfield. The seizures contained about 5,000 lamps bearing the counterfeit UL label.
GuildMaster was founded in Springfield in 1982 and was formerly a client of UL. The company stopped producing its own lamps in 2005, relocated its warehouse and closed its production facility in Springfield. Since 2005, GuildMaster has purchased lamps manufactured in China and imported them under the GuildMaster label.
GuildMaster established a Hong Kong-based trading company, Westway Enterprises Pvt. Limited, as a wholly-owned subsidiary in 2001. In May 2011, MeiHao Times Trading Co. Ltd. (located in Shenzhen, China) was established as a wholly-owned subsidiary of Westway to broker sales with Dongguan factories. This was required by Chinese law before GuildMaster could establish a mainland Chinese factory as a subsidiary.
Dongguan Yangming Hardware Crafts Limited was a manufacturer of lamps located in Dongguan City, Guangdong, China. In April 2009 GuildMaster (through Westway) began paying rent on the Dongguan factory. On Nov. 22, 2010 GuildMaster (through Westway) signed a formal three-year lease for the factory. On Oct. 11, 2011 GuildMaster (through Westway and MeiHao Times Trading Co.) purchased Dongguan Yangming Hardware Crafts Limited, including its name and export license, and operated a factory entity at that location.
According to the plea agreement, GuildMaster maintains that none of its agents or employees had personal knowledge that they violated U. S. laws by importing the lamps. However, GuildMaster acknowledges that the knowledge and actions of Westway employees and agents are attributed to GuildMaster because Westway was GuildMaster's wholly-owned subsidiary. GuildMaster also acknowledges that the knowledge and actions of Dongguan employees and agents are attributed to GuildMaster because Dongguan was a wholly-owned subsidiary of MeiHao Times Trading Co. Ltd., which was a wholly-owned subsidiary of Westway.
UL certification was an important issue in the importation of electrical appliances into the United States, and Westway tracked whether each of the vendors from which it purchased lamps and components was UL-certified. As of December 2009, Westway personnel knew the Dongguan factory was not UL-certified.
Before the federal seizures, GuildMaster did not inspect lamps coming from China to ascertain the authenticity of the "Portable Luminaire" certification marks placed upon the lamps. GuildMaster acknowledges that had it inspected the lamps, it would have seen counterfeit and unauthorized UL marks.
ILA Ends Its Affiliation with AFL-CIO's Maritime Trades Department and Joins with Five Other Maritime Unions To Form Maritime Labor Alliance
International Longshoremen's Association / http://www.ilaunion.org/news_maritime_trades_department.html
NORTH BERGEN, N.J. - Seeking to strengthen the voice of maritime labor in the United States and end jurisdictional battles and raiding between unions, the International Longshoremen's Association, AFL-CIO today disaffiliated with the Maritime Trades Department (MTD) of the AFL-CIO and, along with five other maritime unions, have formed a new group, Maritime Labor Alliance. Two of the other unions making up the new six-member union Maritime Labor Alliance – Marine Engineers' Beneficial Association (MEBA) and the International Organization of Masters, Mates and Pilots (IOMM&P) - also disaffiliated today with the Maritime Trades Department.
The International Longshore and Warehouse Union (ILWU), the Inlandboatmen's Union of the Pacific (IBU) and the American Radio Association (ARA) are all part of the newly formed Maritime Labor Alliance. Though not affiliates of the MTD, these three unions strongly support the ILA, MEBA and IOMM&P decision to withdraw from the MTD.
In a letter delivered today to Michael Sacco, President of the Maritime Trades Department, AFL-CIO, the Presidents of the ILA, MEBA and IOMM&P, cited "many years of deterioration in the ability of the MTD to address the needs of the maritime unions and the apparent willingness of the MTD to permit the dilution of the objectives and principles that are set forth in the MTD Constitution."
All six union members that formed MLA have witnessed jurisdictional attacks by other unions - some that are affiliates of the Maritime Trades Department - in recent years. The members of MLA see the problem getting worse and felt a need take strong action.
For example, last year, Portus Stevedoring Company, a Jacksonville-based company, moved its military cargo operation from Jacksonville, Florida to Charleston, South Carolina. The ILA learned that Portus transported members of the International Union of Operating Engineers from Jacksonville aboard the ship, Lewis and Clark, to handle the military cargo at the Port of Charleston, taking those jobs away from ILA members and in clear violation of ILA jurisdiction.
At that time last year, the ILA staged demonstrations in Washington and Charleston, South Carolina and has held recent meetings with top military officials to resolve the issue and protect ILA jobs and jurisdiction.
Also last year, the ILWU also fought a fierce jurisdictional battle in Washington State with the International Union of Operating Engineers over the handling of grain, work performed by the ILWU for many years.
Scott Winter, President and Business Manager of the International Union of Operating Engineers, Marine Division, serves as Vice President of the MTD, one of its top three officers.
MEBA and IOMM&P leaders cited numerous jurisdictional battles it has waged against American Maritime Officers (AMO), another affiliate of the MTD.
"It's time for those maritime unions that respect each other's jurisdiction and fight for the good of its members to join together to become the new and true voice of maritime unions in American," said ILA President Harold J. Daggett. "The Maritime Labor Alliance will become that force and that voice."
The ILA represents waterfront workers at major U.S. ports on the Atlantic and Gulf Coasts, Puerto Rico, Eastern Canada, Great Lakes ports and major US rivers. The union is affiliated with the American Federation of Labor, Congress of Industrial Organizations (AFL-CIO); Canadian Labor Congress (CLC); Transportation Trades Department, AFL-CIO; International Transport Workers Federation (ITF) and the International Dockers' Council (IDC) and the Maritime Labor Alliance (MLA).
Baltimore CBP Seizes $26,000 in Switchblade Knives Shipment
U.S. Customs & Border Protection / http://www.cbp.gov/xp/cgov/newsroom/news_releases/local/07182013_3.xml
Baltimore — James Dean’s character Jim flashed one in his fight with Buzz during his film Rebel Without a Cause, but today, he’d be a rebel without a switchblade after U.S. Customs and Border Protection’s (CBP) Port of Baltimore seized a shipment of 2,400 switchblade knives and 1,200 butterfly combs from China Friday for violating the federal Switchblade Knife Act. The assessed domestic value of the 3,600 pieces is $26,568.
U.S. Customs and Border Protection seized 2,400 switchblade knives and 1,200 metal butterfly combs, valued at $26,568, that violated the federal Switchblade Knife Act.
CBP’s Baltimore Trade Enforcement Team unloaded the shipping container June 11 at its Centralized Examination Station (CES) and examined the container’s contents. On June 14, CBP officers detained the metal combs and knives which were shipped from China. The combs were constructed in such a way that allows easy removal of the comb and insertion of a knife blade. Moreover, officers determined that the sharp metal teeth of the combs could be potentially harmful to users if left as a comb.
After close examination, CBP import specialists determined Friday that the shipment was prohibited from entering the United States under the Switchblade Knife Act of 1958.
The Switchblade Knife Act of 1958 prohibits the importation, sale or possession of spring-assisted, automatically-opening knives in interstate commerce. According to 19 CFR 12.97, importations of switchblade knives, except as permitted by 15 USC 1244, are importations contrary to law and are subject to forfeiture under 19 USC 1595a(c).
“Switchblade knives are generally illegal, and the blades and poorly constructed metal combs pose a significant threat to health and public safety,” said Ricardo Scheller, CBP Port Director for the Port of Baltimore. “Customs and Border Protection officers, import specialists and agriculture specialists pore over hundreds of thousands of commercial entries daily to ensure that each commodity fully complies with applicable federal laws and regulations and is safe for American consumers. We take this responsibility very seriously.”
The assessed value of the switchblades is $17,712 and the combs are assessed at $8,856. The shipment was destined to an address in Baltimore.
CBP sent a letter to the importer, who is not being named as the importer has not been criminally charged, to explain the forfeiture process.
CBP conducts inspection operations on imported and exported commercial shipments and intercepts narcotics, weapons, stolen vehicles, prohibited agriculture products or other illicit items.
To learn more about CBP’s Border Security and Trade enforcement missions, please visit CBP.gov.
Rx for Safe Flying
Federal Aviation Adminstration/ http://www.faa.gov/news/updates/?newsId=73025
July 18, 2013– Smart general aviation pilots won’t fly if they are taking a prescription that says Do not drive or operate machinery while taking this medication. But sometimes it’s not that clear cut. Other prescription drugs and even some over-the-counter medicines can affect a pilot’s performance.
That’s why Administrator Huerta and the heads of 11 aviation associations today sent a letter to all U.S.-registered pilots urging them to be more aware of the effect both prescribed medicines and non-prescription drugs containing antihistamines can have on their skills and judgment.
The letter tells pilots to read prescription labels carefully, talk with their doctors, and then decide if the drugs they’re taking could impair their performance in the cockpit. It also advises pilots to use a personal “IM SAFE” checklist to ensure they are not impaired by Illness, Medication, Stress, Alcohol, Fatigue or Emotion – any of which could affect their flying abilities. The letter counsels pilots who have recovered from an illness and have taken a medication with impairing side effects not to fly until at least five maximum dosage intervals have passed.
While the FAA works closely with many aviation advocacy groups, the letter represents an unprecedented joint effort. “In all of my years of practicing aerospace medicine, I am not aware of any time in which so many aviation organizations have collaborated to get out the same message at the same time,” said Dr. James Fraser, the FAA’s Deputy Federal Air Surgeon. “We hope this collaborative educational effort will put a dent in pilots’ usage of impairing medications and help lower the general aviation fatal accident rate.
Besides Administrator Huerta, signatories to the letter include executives from the Aircraft Electronics Association, Aircraft Owners and Pilots Association, Experimental Aircraft Association, American Bonanza Association, General Aviation Manufacturers Association, Helicopter Association International, National Association of Flight Instructors, National Air Transport Association, National Business Aviation Association, Society of Aviation Flight Educators and the U.S. Parachute Association.