H.R. 5703 – Protect and Preserve International Cultural Property Act
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP / http://gdlsk.com/firm-news/334-hr-5703-protect-and-preserve-international-cultural-property-act.html
On November 13, 2014, the offices of Representative Elliot L. Engel and Representative Chris Smith proposed H.R. 5703 the “Protect and Preserve International Cultural Property Act” that directs the President of the United States to appoint a White House Coordinator for International Cultural Property Protection. The appointee would be responsible to coordinate and promote federal agency efforts to address international cultural property protection activities. The proposed legislation falls on the heels of the devastation to archaeological sites in Syria and Iraq and the rampant looting reported in the news. So, what does this mean to antiquity dealers, collectors and institutions?
The proposed legislation goes above and beyond what the Cultural Property Implementation Act of 1983 did. Routine customs examinations and document reviews could take on a new complexion. Each import, export, sale and/or consignment of artifacts from territories occupied and controlled by ISIL and other current and future countries experiencing civil unrest and archaeological site destruction might be scrutinized on a much higher level. Should the proposed legislation be written into law those dealing in antiquities should consider additional measures of due diligence and business intelligence research to existing vetting processes. H.R. 5703 is a call to the U.S. trade in antiquities to take appropriate steps in advance to ensure compliance with H.R. 5703, whether it’s passed or not, since the mere introduction of the law is a signal that forces within the U.S. Government are looking to divert resources to these issues. Should you want to learn more about the potential impact of H.R. 5703, or explore strategies to develop enhanced vetting processes to ensure compliance with international rules and regulations relating to the trade of art and antiquities, please feel free to contact James McAndrew at 212-973-7706 or JMcAndrew@gdlsk.com or any other member of our firm.
PierPass Meets with Federal Maritime Commission and Industry Stakeholders To Address Congestion
PierPass/ http://www.pierpass.org/news/pierpass-meets-with-federal-maritime-commission-and-industry-stakeholders-to-address-congestion/
LONG BEACH, Calif., November 17, 2014—PierPass Inc. executives have concluded meetings with the five Federal Maritime Commissioners (including Chairman Mario Cordero) and with FMC staff, briefing them on measures the marine terminal operator (MTO) members of PierPass are taking to address the current congestion issues in the Ports of Los Angeles and Long Beach. In a series of meetings late last week in Washington, D.C., PierPass also met with representatives from the National Retail Federation, the National Industrial Transportation League, the Waterfront Coalition, and the Agriculture Transportation Coalition to provide them with these updates.
PierPass Chairman Bruce Wargo and President John Cushing reported that the MTOs have been spending $3 million per week on additional and unbudgeted costs since September 1 to manage congestion. These expenditures include adding unscheduled gates and shifts; working overtime and through lunch and breaks; and paying truckers to move containers between terminals to load on-dock trains. The MTOs operated 73 additional gates (shifts open to truck traffic) in September, a 30% increase compared to the number of scheduled OffPeak gates, and 86 additional gates in October, a 33% increase.
PierPass also shared new initiatives its members are deploying to address chassis availability issues and to expand container delivery options to increase terminal productivity. These initiatives include the Free-Flow Program, which pre-positions large blocks of containers to enable quicker turn times for trucks picking up containers headed for a common destination.
The meetings provided an opportunity for PierPass to discuss recent calls for it to waive its Traffic Mitigation Fee (TMF). The TMF offsets part of the cost of running the OffPeak Program, which has essentially doubled the capacity of the Ports of Los Angeles and Long Beach by running regular night and Saturday shifts. Charging the TMF on daytime cargo movement also provides the incentive to use the second shift.
The OffPeak program has successfully balanced the flow of trucks to the ports, which prior to OffPeak’s introduction in 2005 was causing severe daytime congestion on Southern California roads. In the meetings, PierPass cited its concerns that by waiving the TMF, the previous congestion problems would be reintroduced and would exacerbate the current congestion caused by a range of factors including shortages of available chassis.
“The meetings with the FMC were very constructive,” Cushing said. “We also found the meeting with the stakeholder representatives to be productive. Such discussions with a broad array of industry stakeholders, similar to meetings with our own Advisory Committee, help us focus on the real impediments to our common goal, which is to move cargo as quickly and efficiently as possible.”
ITA Press Releases
International Trade Administration / http://www.trade.gov/press/press-releases/
11/13/2014 Commerce Finds Dumping and Countervailable Subsidization of Imports of Carbon and Certain Alloy Steel Wire Rod from the People’s Republic of China
CBP Seizes Fake Monster Tails
U.S. Customs & Border Protection / http://www.cbp.gov/newsroom/local-media-release/2014-11-18-000000/cbp-seizes-fake-monster-tails
Following Popular Craft Item is Counterfeit Target
DALLAS – U.S. Customs and Border Protection officers working at the Dallas/Fort Worth International airport seized 200 Rainbow Loom ® Monster Tail ™ kits, Nov. 16.
“This seizure is indicative of the level of attention CBP officers are paying to protect consumers from harmful counterfeit products,” said CBP Area Port Director Cleatus Hunt. “Genuine products pass rigorous safety testing while cheap imitations, though packaged to look authentic, are an inferior product containing harmful substances.”
Common harmful substances found in counterfeit toys include lead or phthalates.
The counterfeit craft item was made in China and enroute to La Paz, Bolivia. CBP officers examined the shipment of 15 cartons which was manifested as necklaces when it arrived in Dallas. Upon examination, officers discovered the popular children’s kits among the cartons and after verifying the kits were counterfeit, seized the cartons containing the kits.
Protecting intellectual property rights is a priority CBP trade issue because counterfeit and pirated goods not only hurt American businesses, these products are often associated with criminal activities and fund other criminal enterprises.
For this particular seizure, a primary concern was the risk the counterfeit kits posed to the consumer. Rainbow Loom ® cautions against purchasing counterfeit kits with illustrations of the dangers fake kits pose to consumers.
Shoppers who suspect they purchased a counterfeit item should discontinue using the product and contact the National IPR coordination center. Consumers can learn about getting their money back by visiting the Federal Trade Commission.
As the holiday shopping season begins, shoppers can protect themselves by learning how to spot a fake at Stopfakes.gov.
CBP will destroy the seized counterfeit kits.
Baltimore CBP Intercepts First in Port Beetle
U.S. Customs & Border Protection / http://www.cbp.gov/newsroom/local-media-release/2014-11-19-000000/baltimore-cbp-intercepts-first-port-beetle
BALTIMORE – A U.S. Department of Agriculture (USDA) entomologist confirmed November 13 that U. S. Customs and Border Protection (CBP) Office of Field Operations (OFO) agriculture specialists discovered a new pest in the Baltimore area when they intercepted Xylotrechus rufilius, a type of longhorn beetle, while inspecting a container of ceramic tile from China on October 31.
According to USDA, the Chinese Longhorn Beetle is native to Asia. They can pose a significant agriculture threat to orchard trees but they are also known to attack a wide range of forest and landscaping trees, boring holes into their trunks, and eventually killing them.
"CBP agriculture specialists are very good at detecting foreign invasive plants and plant pests,” said Dianna Bowman CBP Area Port Director for the Port of Baltimore. “This discovery highlights the importance of the work they do, part of which is protecting the U.S. agriculture industry.”
CBP discovered the beetle at the Baltimore Centralized Examination Station “at large” inside a container of ceramic tiles destined for Eldersburg, Md.
CBP safeguarded the shipment and forwarded the specimen to USDA - Animal and Plant Health Inspection Service (APHIS) - Plant Protection and Quarantine (PPQ) for identification. The local entomologist identified the beetle as Xylotrechus rufilius which was confirmed by the USDA national identifier on November 13.
The shipment of tile will be re-exported.
CBP agriculture specialists work closely with USDA to protect our nation’s agriculture resources against the introduction of foreign plant pests and animal diseases.
Visit the USDA's webpage for more information on their plant protection program.
CBP agriculture specialists have extensive training and experience in the biological sciences and agricultural inspection. On a typical day nationally, they inspect almost 1 million people as well as air and sea cargo imported to the United States and intercept 4,379 prohibited meat, plant materials or animal products, including 440 insect pests.
FTC Approves Final Consent Settling Charges that Made in USA Brand, LLC Deceived Consumers
Federal Trade Commission/ http://www.ftc.gov/news-events/press-releases/2014/11/ftc-approves-final-consent-settling-charges-made-usa-brand-llc
Following a public comment period, the Federal Trade Commission has approved a final consent order settling charges that a company providing a “Made in USA” certification seal to marketers did so without verifying the companies’ Made in USA claims, or disclosing that the companies had certified themselves.
First announced in July 2014, the settlement prohibits Made in USA Brand, LLC’s deceptive claims, and bars the company from providing the marketers it certifies with the means to deceive consumers.
The Commission vote to approve the final order in this case was 5-0. (FTC File No. 142 3121; the staff contact is Frank Gorman, FTC Bureau of Consumer Protection, 202-326-2156)
The Federal Trade Commission works for consumers to prevent fraudulent, deceptive, and unfair business practices and to provide information to help spot, stop, and avoid them. To file a complaint in English or Spanish, visit the FTC’s online Complaint Assistant or call 1-877-FTC-HELP (1-877-382-4357). The FTC enters complaints into Consumer Sentinel, a secure, online database available to more than 2,000 civil and criminal law enforcement agencies in the U.S. and abroad. The FTC’s website provides free information on a variety of consumer topics. Like the FTC on Facebook, follow us on Twitter, and subscribe to press releases for the latest FTC news and resources.
Working Across Borders to Protect our Children; North American Collaboration Expands Toy Safety Efforts This Holiday Shopping Season
U.S. Consumer Product Safety Commission / http://www.cpsc.gov/en/Newsroom/News-Releases/2015/North-American-Collaboration-Expands-Toy-Safety-Efforts/
WASHINGTON, D.C. – The United States Consumer Product Safety Commission (CPSC), Health Canada and the Consumer Protection Agency of the United Mexican States (Profeco) are joining forces this year to protect children across North America from dangerous toys. Strong safety standards that are enforced, inspections at import, and emphasis on quality safety manufacturing overseas are key components of this collaborative effort aimed at creating a safer toy shopping marketplace for North America’s families this holiday season.
With more than $800 million worth of toys, games, and children’s vehicles coming from Canada and Mexico into the United States each year, there is good reason for CPSC to continue to work closely—bilaterally and trilaterally—with Health Canada and Profeco. Products produced in or imported from outside North America can find their way into another jurisdiction through our extensive shared borders.
This trilateral work on greater integration has led to joint industry training and coordinated consumer education, including trilateral recall announcements. Additional efforts have included joint oversight of product supply chains and timely responses to emerging product hazards.
“We are all working together this holiday season with one goal in mind- that the toys North America’s parents bring home for their children are safe.” said CPSC Chairman Elliot F. Kaye. “Our work with Health Canada and Profeco will continue to strengthen the marketplace and build consumer confidence in the safety of the North American marketplace, especially for children’s toys.”
The Government of Canada is committed to working cooperatively with the U.S. and Mexico to promote awareness of a number of product safety issues, including the safe selection and use of toys," said Wai Young, Member of Parliament for Vancouver South.
“Children are the most vulnerable consumers. This forum is the most suitable framework to seek appropriate regulatory mechanisms,” said Lorena Martínez Rodríguez, Profeco’s Federal Consumer Attorney. “The trilateral effort demonstrates our commitment to promote responsible consumption and to work for the safety of vulnerable consumers.”
In addition to working with Health Canada and Profeco, CPSC works closely with U.S. Customs and Border Protection (CBP) to keep violative products off of store shelves and out of consumers’ homes. In the past 6 years, CPSC and CBP have stopped more than 11 million units of about 3,600 different toys that violated applicable standards from coming into the United States.
In fiscal year 2014, toy recalls remained low, with 30 toy recalls, one of which involved a lead violation. This compares to 172 toy recalls in fiscal year 2008, 19 of which were due to excessive lead content. The majority of toy recalls announced last year involved ingestion hazards, as well as mechanical hazards that pose a threat of injury to children.
Toy-related deaths involving children younger than 15 years old continue to decrease from 19 deaths in 2010, to 18 in 2011, 16 in 2012, and nine in 2013 (based on reports, to date). As more death reports are received, CPSC staff expects the total for 2013 to be higher than nine.
The majority of the toy-related fatalities in 2013 were attributed to asphyxiation or choking; six of the nine fatalities were from choking on small parts, such as parts of toy figures, a rubber ball, balloon, plastic toy food and a marble. Additional deaths resulted from riding toys, including an incident in which a child was hit by a truck while riding on a scooter.
A new report released today by CPSC, estimates that there were 188,400 toy-related, emergency department-treated injuries in 2013 to children younger than 15 years, down from last year’s 192,000. Many of the incidents were associated with, but not necessarily caused by, a toy. For example, CPSC received these hospital emergency-room treated reports last year:
- An 11-year-old girl was killed in a scooter incident after being hit by the left rear wheel of a vehicle.
- A 21-month-old girl was found floating unresponsive in an in-ground pool. The victim’s toy stroller was lying underwater at the bottom of the pool and it appeared that the victim was pushing her play stroller when she fell into the pool. The victim died later in a hospital.
Here are some safety tips for consumers to keep in mind this holiday season:
- Magnets – Children's magnetic toys are covered by a strong safety standard that prevents magnets from being swallowed. High-powered magnet sets that have small magnets are dangerous and should be kept away from children. Whether marketed for children or adults, building and play sets with small magnets should also be kept away from small children.
- Balloons - Children can choke or suffocate on deflated or broken balloons. Keep deflated balloons away from children younger than eight years old. Discard torn balloons immediately.
- Small balls and other toys with small parts - For children younger than age three, avoid toys with small parts, which can cause choking.
- Scooters and other riding toys - Riding toys, skateboards and in-line skates go fast, and falls could be deadly. Helmets and safety gear should be worn properly at all times and they should be sized to fit.
Once gifts are open:
- Keep toys appropriate for older children away from younger siblings.
- Battery charging should be supervised by adults. Chargers and adapters can pose thermal burn hazards to young children. Pay attention to instructions and warnings on battery chargers. Some chargers lack any mechanism to prevent overcharging.
The U.S. Consumer Product Safety Commission is charged with protecting the public from unreasonable risks of injury or death associated with the use of thousands of types of consumer products under the agency’s jurisdiction. Deaths, injuries, and property damage from consumer product incidents cost the nation more than $1 trillion annually. CPSC is committed to protecting consumers and families from products that pose a fire, electrical, chemical or mechanical hazard. CPSC's work to help ensure the safety of consumer products - such as toys, cribs, power tools, cigarette lighters and household chemicals -– contributed to a decline in the rate of deaths and injuries associated with consumer products over the past 40 years.
Federal law bars any person from selling products subject to a publicly-announced voluntary recall by a manufacturer or a mandatory recall ordered by the Commission.