Recent Inquiries by the Fish and Wildlife Service
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP / http://gdlsk.com/firm-news/353-recent-inquiries-by-the-fish-and-wildlife-service.html
The Fish and Wildlife Service (FWS) has recently received applications made under the Freedom of Information Act (FOIA) which request the production of records and information regarding certain FWS practices and specifics relating to importations of products comprised, in whole or part of, wildlife which is subject to controls and permits managed under the Convention for the International of Trade in Endangered Species (CITES). The requests relate to FWS detentions, exclusions and seizures.
In accordance with FOIA Regulations, FWS has notified, or soon will notify, importers whose records may possibly be discloseable under the FOIA request in order to allow those parties an opportunity to object to the disclosure.
The documentation requested is likely to include confidential business information (such as the identity of the seller, shipper and importer, the county of origin, customs broker, freight forwarder, as well as, intercompany pricing, etc.) and, as such, maybe exempt from disclosure as “trade secrets” or “commercial financial information that is privileged and confidential.”
It is incumbent upon the party objecting to the release of information to demonstrate the basis upon a disclosure exemption should apply.
If you receive a notice such as one referenced herein, from FWS or any government agency, you should seek the appropriate counsel.
You may be in a position to prevent the release of sensitive business information relating to you importation of product incorporating exotic skins. If you do not object to the proposed disclosure, the agency will release the information to the requesting party.
If you have any questions, or if you would like assistance regarding this or any other government inquiry relating to imported product, please contact Frank J. Desiderio at ( FDesiderio@gdlsk.com) (212) 973-7740 or any attorney of our Firm.
CBP Officers at Miami International Airport Seize Over $6 Million in Piratical Jewelry
US Customs & Border Protection / http://www.cbp.gov/newsroom/local-media-release/2015-07-02-000000/cbp-officers-miami-international-airport-seize-over-6
MIAMI – U.S. Customs and Border Protection (CBP) officers at Miami International Airport (MIA) seized 720 pieces of piratical jewelry with a Manufacturer’s Suggested Retail Price (MSRP) of over $6 million on June 16. The piratical jewelry arrived in a shipment from Hong Kong and bore the non-genuine Van Cleef & Arpels copyrighted design.
CBP officers selected the shipment for inspection and immediately noticed that the merchandise was imitation jewelry that bore a false, non-genuine copyright clearly piratical to the federally recorded copyright.
CBP import specialists recommended seizing the merchandise and estimated the MSRP to be valued at over $6 million.
“The result of this seizure is another perfect example of the exceptionally skillful CBP officers and CBP import specialists at our ports of entry,” said Miami International Airport Port Director Christopher Maston. “When property rights are violated, American jobs are lost, business profits are stolen and consumers are put at risk from poor quality or unsafe products.”
On a typical day in Fiscal Year 2014, CBP OFO officers around the country seized counterfeit goods totaling more than $3.4 million. In Fiscal Year 2014, CBP made more than 23,000 seizures of counterfeit goods worth an estimated $1.2 billion. For additional statistics and a list of the most popular counterfeit items and their worth view the Intellectual Property Rights (IPR) 2014 report.
CBP targets and seizes imports of counterfeit and pirated goods, and enforces exclusion orders on patent-infringing and other IPR violative goods.
CBP Officers in Orlando Seize Over 300 Counterfeit Designer Belts
U.S. Customs & Border Protection / http://www.cbp.gov/newsroom/local-media-release/2015-07-09-000000/cbp-officers-orlando-seize-over-300-counterfeit
ORLANDO, Fla. – U.S. Customs and Border Protection (CBP) officers in Orlando seized 314 counterfeit Gucci, Fendi, and Salvatore Ferragamo leather belts with a Manufacturer’s Suggested Retail Price (MSRP) totaling $128,000 on June 24.
The counterfeit belts arrived in three separate shipments from Hong Kong destined to local Orlando addresses. CBP officers suspected the belts to be counterfeit since they did not appear to be of the quality consistent with the products normally manufactured by the trademark holders. CBP import specialists examined samples and determined the items to be counterfeit.
“Counterfeit goods adversely affect unsuspecting consumers, businesses and our economy,” said Orlando Area Port Director Eduardo Oliveros. “We are extremely proud here in Orlando of our CBP officers and import specialists who protect consumers and ensure these products do not enter the commerce of the United States.”
On a typical day in Fiscal Year 2014, CBP officers around the country seized counterfeit goods totaling more than $3.4 million.
In Fiscal Year 2014, CBP made more than 23,000 seizures of counterfeit goods worth an estimated $1.2 billion. For additional information, statistics and a list of the most popular counterfeit items and their worth, view the 2014 Intellectual Property Rights report.
Philadelphia CBP Intercepts Another Destructive Insect New to the United States
U.S. Customs & Border Protection / http://www.cbp.gov/newsroom/local-media-release/2015-07-02-000000/philadelphia-cbp-intercepts-another-destructive
Discovery Comes Three Weeks after Two Other National Firsts for Philadelphia CBP
PHILADELPHIA – About three weeks after intercepting two first in nation insect pests, U.S. Customs and Border Protection (CBP) agriculture specialists in Philadelphia discovered another one, so says the U.S. Department of Agriculture (USDA) national entomologist today.
CBP discovered an Ozodes multituberculatus (Cerambycidae), a species of longhorn beetle, in a shipment of Costa Rican pineapples, June 4. CBP submitted the specimen to a local USDA entomologist who verified the identification and suggested the discovery to be the nation’s first reported interception of this longhorn beetle species. Longhorn beetles are major agricultural pests and are threats to coniferous and deciduous forests worldwide.
CBP then intercepted a Hoplandrothrips erythrinae (Priesner), a species of thrip, in a shipment of Colombian plantains June 9. The local USDA entomologist verified the insect’s identification and suggested it to be the first reported encounter of this thrip species in the Delaware Valley region. Thrips cause damage to plants by sucking out plant juices resulting, in discoloration and scarring of leaves, flowers, and fruit. Thrips are vectors of plant pathogens and viruses.
CBP submitted the claims to the USDA national pest identification database which verified their status as national and the local firsts.
“Protecting America’s agriculture against destructive insect pests is of paramount importance to U.S. Customs and Border Protection, and continuing to intercept first-in-nation pests is concerning,” said Susan Stranieri, CBP Port Director for the Area Port of Philadelphia. “CBP agriculture specialists are very serious about their mission, and quietly carry out their important work every day.”
Both shipments were destined to Florida.
In May, CBP agriculture specialists in Philadelphia intercepted two first-in-nation and two first-in-port insect pests, also discovered on Costa Rican pineapples and Colombian plantains. Read about those interceptions here.
Invasive species in general cause an estimated $136 billion in lost agriculture revenue annually. Visit USDA National Invasive Species for more information on invasive threats to U.S. agriculture.
CBP agriculture specialists have extensive training and experience in the biological sciences, risk analysis, and in imported agriculture inspection techniques. CBP agriculture specialists are the first line of defense in the protection of U.S. agriculture, forest and livestock industries from exotic destructive plant pests and animal diseases.
On a typical day nationally, they inspect over 1 million people as well as air and sea cargo imported to the United States and intercept 4,447 prohibited meat, plant materials or animal products, including 425 agriculture pests and diseases.
Please visit CBP’s Agriculture Protection webpage to learn how CBP safeguards our nation’s economy by protecting our agriculture industries.
CBP agriculture specialists work closely with USDA’s, Animal and Plant Health Inspection Service (APHIS), Plant Protection and Quarantine (PPQ) to protect our nation’s agriculture resources against the introduction of foreign plants, plant pests, and animal diseases.
USITC News Releases & New Documents
U.S. International Trade Commission / http://www.usitc.gov/
BUFFALO, N.Y. – The U.S. Customs and Border Protection Buffalo Field Office is reminding travelers about agriculture importations and restrictions when crossing the border to the U.S.
While many agriculture products brought into the U.S. are permissible, other items are prohibited or strictly regulated.
“Some items are prohibited from entering the U.S. in order to protect the American agriculture industry, and the public’s health,” said Ann Marie Paul, assistant director of the Buffalo Field Office.
The following items are prohibited under any circumstances:
- Uncooked eggs (originating/transiting Province of Ontario)
- Uncooked poultry/avian products (originating/transiting Province of Ontario)
- Green onions / leeks / chives
- Citrus fruits
- Goat and lamb meat
Regulated items requiring additional paperwork:
- Pet birds require an import permit (originating/transiting Province of Ontario)
- Many products require proof-of-country of origin/production and cannot be regulated without proof - such items may be denied entry to the U.S.
- Propagative material, including live plants and seeds, require specific documents for entry and will be denied entry without the documents.
- Many Canadian-produced products are admissible. It is advisable to provide proof-of-origin that may include packaging, labels and/or receipts.
- Personal importations of Canadian-origin beef and pork are enterable and limited to no more than 50-pounds of meat per person.
Regulations for animal products and pet birds are subject to change.
CBP Agriculture specialists have extensive training and experience in the biological sciences and agriculture inspection. Please visit http://www.cbp.gov/border-security/protecting-agriculture for more information about CBP’s mission to protect the nation’s agriculture industry.
Federal Judge Enters Permanent Injunction Against Acino Products, LLC
U.S. Food & Drug Administration / http://www.fda.gov
A federal judge for the District of New Jersey has entered a consent decree of permanent injunction between the United States and Acino Products LLC (Acino), of Hamilton, New Jersey, and the company’s president, Ravi Deshpande, for marketing unapproved and misbranded prescription drugs.
The U.S. Department of Justice brought the action on behalf of the U.S. Food and Drug Administration.
According to the complaint, Acino marketed unapproved prescription drugs, hydrocortisone acetate 25 mg suppositories under the brand names Rectacort-HC and GRx HiCort 25, for treatment of medical conditions including inflamed hemorrhoids, chronic ulcerative colitis, and other inflammatory conditions.
Rectacort-HC and GRx HiCort 25 have not been approved by the FDA. In addition, these prescription drugs are misbranded because their labeling fails to carry adequate directions for use. Unapproved new drugs and misbranded drugs have not been shown to be safe and effective, may be of uncertain quality, and may pose risks to patients.
“Companies that manufacture and distribute drugs must comply with FDA regulations,” said Melinda Plaisier, FDA associate commissioner for regulatory affairs. “Acino repeatedly violated federal law through their actions. We must continue to oversee manufacturers to ensure that patients have access to safe and effective approved drugs.”
“The department will not hesitate to bring enforcement actions against manufacturers who do not follow the necessary procedures to comply with our nation’s drug safety laws,” said Principal Deputy Assistant Attorney General Benjamin C. Mizer, head of the Department of Justice’s Civil Division.
According to the complaint, FDA investigators inspected the Acino facility in March 2014, August 2014, and January 2015. During the inspections, the FDA warned Acino about continuing to manufacture and distribute unapproved new drugs. At the conclusion of the March 2014 inspection, FDA investigators documented that Acino shipped in interstate commerce unapproved hydrocortisone acetate 25 mg suppositories on behalf of Ascend Laboratories LLC, which were subsequently seized in May 2014.
At the conclusion of the August 2014 and January 2015 inspections, FDA investigators again discussed the unapproved status of these products with Mr. Deshpande. However, Acino continued manufacturing and distributing the unapproved new drug products.
Under the terms of the consent decree, Acino is prohibited from introducing into interstate commerce unapproved prescription drugs, including hydrocortisone acetate 25 mg suppositories. Acino must also destroy, under FDA supervision, all hydrocortisone acetate 25 mg suppositories in their custody, control or possession.
The FDA, an agency within the U.S. Department of Health and Human Services, protects the public health by assuring the safety, effectiveness, and security of human and veterinary drugs, vaccines and other biological products for human use, and medical devices. The agency also is responsible for the safety and security of our nation's food supply, cosmetics, dietary supplements, products that give off electronic radiation, and for regulating tobacco products.