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06

Global System of Toy Safety Works to Keep Kids Safe This Holiday Season; Recalls Down, Port Seizures Up
 U.S. Consumer Safety Commission / http://www.cpsc.gov/en/Newsroom/News-Releases/2014/Global-System-of-Toy-Safety-Works-to-Keep-Kids-Safe-This-Holiday-Season-Recalls-Down-Port-Seizures-Up-/

WASHINGTON, D.C. – In recent years, the U.S. Consumer Product Safety Commission (CPSC) has created a robust toy safety system, by requiring testing by independent, third party testing laboratories around the world; enforcing stringent lead and phthalates limits for toys; imposing some of the most stringent toy standards in the world; and stopping violative and dangerous toys at the ports and in the marketplace before they reach children’s hands. These combined efforts continue to foster the confidence of American families as they prepare to shop for toys this holiday season.

During the past five years, CPSC and U.S. Customs and Border Protection (CBP) have stopped more than 9.8 million units of about 3,000 different toys that violated applicable standards. The violative products never made it onto store shelves and were kept out of consumers’ homes.

“As I look back at my years leading CPSC, I am proud of the work we have done to build a global system of toy safety,” said Chairman Inez Tenenbaum. “When parents and grandparents walk into a toy store or visit an e-retailer, they can have confidence that the toys they see have likely been independently tested to ensure compliance with strong safety standards.”

In fiscal year 2013, CPSC issued only 31 toy recalls, none of which involved a lead violation. This compares with 172 toy recalls in fiscal year 2008 (19 of which were due to excessive lead); 50 recalls in 2009 (14 for lead); 46 recalls in fiscal year 2010 (3 for lead); 34 recalls in 2011 (4 for lead); and 38 recalls in 2012 (3 for lead).  The majority of toy recalls announced last year involved ingestion hazards, including chemical and magnetic dangers. CPSC is working to address these hazards.  

Toy-related deaths involving children younger than 15 decreased from 19 in 2010, to 17 in 2011, and 11 in 2012 (based on reports to date). As more death reports are received, CPSC staff expects the total for 2012 to be higher than 11.

The majority of these toy-related fatalities in 2012 were attributed to riding toys, including tricycles and nonmotorized scooters. Four victims were found in swimming pools with their tricycles, and one child received a fatal head injury after his tricycle toppled over. In addition, two fatalities were reported where children rode nonmotorized scooters into traffic and were hit by motor vehicles.  Asphyxiation and aspiration were the next leading causes of toy-related fatalities, including two reports involving balloons and one report involving a stuffed animal.       

A new report released today by CPSC, estimated 192,000 toy-related, emergency department-treated injuries in 2012 to children younger than 15 years.  Many of the incidents were associated with, but not necessarily caused by, a toy. For example, CPSC received these three hospital emergency-room treated reports last year:

  • A two-year-old male who was hit in the face by a metal toy thrown by a sibling received facial lacerations.
  • A four-year-old male hit himself in the eye with a toy dinosaur, which led to eye redness and blurred vision.
  • A seven-year-old female fell off of a scooter and hit her mouth on the concrete and injured her mouth, including a broken tooth.

CPSC has also received reports of children injured in 2012 while using toys that broke, including:

  • A three-year-old female who received a laceration to the foot while playing with a toy made of plastic and glass that broke.
  • A four-year-old female who cut her wrist when a porcelain doll broke.
  • A nine-year-old female who was riding a scooter when the handlebar broke was treated for a chin laceration.

For children younger than 15 years old, nonmotorized scooters continued to be the category of toys associated with the most injuries in 2012. Frequently, these injuries involved lacerations, contusions and abrasions to the child’s face and head.  

Here are some safety tips for consumers to keep in mind this holiday season:

  • Balloons - Children can choke or suffocate on deflated or broken balloons. Keep deflated balloons away from children younger than eight years old. Discard broken 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.
  • Magnets – Children's magnetic toys are covered by a strong safety standard that requires the magnets to be encapsulated.  High-powered magnet sets have loose magnets, which is a key difference from children's magnetic toys.  High-powered magnet sets 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.

Once gifts are open:

  • Immediately discard plastic wrapping or other toy packaging before the wrapping and packaging become dangerous play things.
  •  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.

Along with educating the public, CPSC has a strong track record of working with foreign and domestic toy manufacturers, importers and retailers to help them understand and comply with U.S. toy requirements.  This month, CPSC is joining with our product safety partners in Canada and Mexico to promote toy safety education and awareness. CPSC, Health Canada, and Mexico’s Procuraduria Federal del Consumidor (PROFECO) have released the toy safety tips above for choosing, purchasing, and supervising the use of children’s toys. This cooperative effort is aimed at making North America the safest continent for purchasing consumer products.


Port Authority Board Authorizes Major Upgrades to Road Network at Port's New Jersey Marine Terminals
The Port of Authority of New York & New Jersey / http://www.panynj.gov/press-room/press-item.cfm?headLine_id=1870

Investment furthers agency’s goal to make port more efficient and environmentally friendly

The Port Authority Board of Commissioners today authorized an ambitious program to continue a multimillion-dollar upgrade of the road network at the agency’s New Jersey marine terminals. The action will greatly improve efficiency and continue to make the port facilities more environmentally friendly by reducing truck congestion on the port’s aging roads.

The $105 million program approved today includes the design, construction and realignment of portions of five major access roads to port terminals: Port, Corbin, Marlin and Kellogg streets and Doremus Avenue. It includes the demolition and replacement of the Corbin Street Ramp, which has been the scene of accidents in the past three years.

The work will complement previous projects to widen McLester Street in the Elizabeth-Port Authority Marine Terminal, and widen and realign parts of Port Street and Brewster Road. The road improvement project will result in less truck congestion on port property, and a corresponding reduction in harmful emissions produced by truck idling, by approximately 281 pounds per year.

“The more efficient we can make cargo movements in and out of our port, the better it is for our customers who expect speed and reliability in the delivery of their goods to market,” said Port Authority Vice Chairman Scott Rechler. “These projects enable us to provide a road network that is both safe and efficient and which will ensure that our port remains a vital cog in the region’s economy for many years to come.”

“Making sure cargo flows safely and efficiently through our port is critical to our ability to attract international shippers to do business in our region,” said Port Authority Deputy Executive Director Bill Baroni. “Today’s action will ensure that we bring the era of 1950s roads into modern times so they can handle the volumes of cargo and resulting trucks that we deal with today.”

The road improvement project will include new pavement for all of the roads, new center barriers, drainage, traffic signals, signs and curbing. When the projects are complete, the improvements will provide truckers and other port users with approximately $63 million in time savings and reduced operating costs, and $1.2 million in safety benefits, over a 30-year period.

The road projects are part of the port’s ambitious $191.4 million Capital Plan for 2013. The projects complement approximately $600 million in Port Authority investments to build and grow its ExpressRail system, which provides an environmentally friendly way to move cargo from the docks to rail cars for transport to its final destination. Since ExpressRail first opened in 1991, the Port Authority has expanded its original rail terminal to an 18-track facility that straddles the APM and Maher Terminals. ExpressRail facilities also serve the Port Newark Container Terminal and the New York Container Terminal on Staten Island.


Philadelphia CBP Seizes Nearly 112 Pounds of Khat
U.S. Customs & Border Protection / http://www.cbp.gov/xp/cgov/newsroom/news_releases/local/12042013.xml

Philadelphia – It’s harvest time, but this foreign plant is a no-no in the United States.

U.S. Customs and Border Protection (CBP) officers seized three international air parcels November 26 that contained a combined 112 pounds of khat, a green, leafy plant typically grown in the Arabian Peninsula and chewed for its stimulant effect.

All three parcels arrived at an express mail facility near Philadelphia International Airport on a flight from Austria. Two parcels, one about 54 pounds and the other about 30 pounds, were destined for Connecticut. The third parcel weighed about 28 pounds and was destined for Illinois.

The parcels were manifested as either uncut oxford cloth rolls or corrugated paperboard rolls.

The khat has an estimated street value of about $33,600.

“Khat remains an illegal substance in the United States and as such, Customs and Border Protection officers remain vigilant to intercept khat and other illicit and dangerous drugs at our nation’s international ports of entry,” said Tarance Drafts, acting CBP port director for the Port of Philadelphia. “Narcotics interdiction remains a top CBP enforcement priority.”

The Drug Enforcement Administration classifies khat (pronounced COT) as a schedule 1 narcotic – the most restrictive category used by the DEA – when the leaves are freshly picked. Its principal components, cathine and cathinone, are considered controlled substances in the United States.

The World Health Organization classified khat as a drug of abuse in 1980. It is chewed for its stimulant effect and retains its potency for up to 48 hours after being harvested.

Please see the DEA Khat Fact Sheet.  ( Khat Fact Sheet )

CBP routinely conducts random inspections operations on passengers and air cargo searching for narcotics, currency, weapons and other prohibited or illicit products.

For more on CBP’s border security mission at our nation’s Ports of Entry, please visit the link. ( Field Operations/Port Security


FTC Issues FY 2013 National Do Not Call Registry Data Book
Federal Trade Commission /  http://www.ftc.gov/opa/2013/12/dnc.shtm

More Than 223 Million Phone Numbers on Do Not Call List

The Federal Trade Commission today issued the National Do Not Call Registry Data Book for Fiscal Year 2013. The FTC’s National Do Not Call Registry lets consumers choose not to receive telemarketing calls. In its fifth year of publication, the Data Book contains a wealth of information about the Registry for FY 2013 (from October 1, 2012 to September 30, 2013), including:

  • The number of active registrations and consumer complaints since the Registry began in 2003;
  •  FY 2013 complaint figures by month and type;
  •  F 2013 registration and complaint figures for all 50 states and the District of Columbia by population;
  • Rankings of the number of Do Not Call registrations by state population;
  • The number of entities accessing the Registry by fiscal year; and
  •  An appendix on registration and complaint figures by state and area code.

According to the Data Book, at the end of FY 2013, the Do Not Call Registry contained 223,429,112 actively registered phone numbers, up from 217,568,284 at the end of FY 2012. In addition, the number of consumer complaints about unwanted telemarketing calls received decreased from 3,840,569 during FY 2012 to 3,748,655 during FY 2013.

This year’s Data Book also reveals trends in complaint data. In addition to providing information on the total number of consumer complaints per month, it also contains data on the number of monthly complaints specifically related to pre-recorded telemarketing “robocalls,” and requests for a telemarketer to stop calling.
            
During the past year, the FTC has continued to receive large numbers of consumer complaints about robocalls. At the beginning of the fiscal year, in October 2012, the FTC received 234,871 robocall-related complaints. This number varied by month, ranging between a low of 146,845 complaints in June 2013 and a high of 234,871 in October 2012.

Most telemarketing robocalls have been illegal since September 2009. As part of its effort to stop deceptive, misleading, and otherwise unlawful robocalls, the FTC will take action against entities violating the agency’s Telemarketing Sales Rule.

The FTC Robocall Summit and Robocall Challenge
The FTC hosted a summit on October 18, 2012, in Washington, DC, to examine the issues surrounding the robocall problem. Open to the public, the summit included members of law enforcement, the telemarketing and telecommunications industry, consumer groups, and other stakeholders. It focused on exploring innovations that could potentially be used to trace robocalls, prevent wrongdoers from faking caller ID data, and stop illegal calls.

The FTC also held a Robocall Challenge, announced at the summit, which led to several awards for proposed products and/or technologies designed to stop consumers from receiving unwanted robocalls. Finally, the Commission announced an enforcement sweep in November 2012, cracking down on illegal “Rachel” robocallers and those from “Card Services.”

Information for Consumers
Information for consumers about the Do Not Call Registry, company-specific do not call requests, and telemarketer Caller ID requirements can be found the FTC’s website, and consumers can sign up for the National Registry for free. Other information about robocalls and what consumers can do about them also is available.

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 Do Not Call complaint in English or Spanish, visit the National Do Not Call Registry online or call   1-888-382-1222. 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.


ICE, International Law Enforcement Agencies Seize 706 Doman Names Selling Counterfeit Merchandise - Seizures Come as US Consumers Flock to the Web for Cyber Monday Shopping Deals
U.S. Immigration & Customs Enforcement (ICE) / http://www.ice.gov/news/

WASHINGTON — U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI) teamed with 10 foreign law enforcement agencies to seize hundreds of domain names that were illegally selling counterfeit merchandise online to unsuspecting consumers.

The 706 domain names seized were set up to dupe consumers into unknowingly buying counterfeit goods as part of the holiday shopping season. The operations were coordinated by the HSI-led National Intellectual Property Rights Coordination Center (IPR Center) in Washington, D.C.

An iteration of Operation In Our Sites, Project Cyber Monday IV resulted in the seizure of 297 domain names from undercover operations conducted by HSI offices around the country. This is the fourth year that the IPR Center has targeted websites selling counterfeit products online in conjunction with Cyber Monday. Due to the global nature of Internet crime, the IPR Center partnered with Europol who, through its member countries, seized 393 foreign-based top-level domains as part of Project Transatlantic III. Additionally, Hong Kong Customs coordinated the seizure of 16 foreign-based top-level domains hosted in Hong Kong, enlisting the assistance of the web-hosting companies to suspend the service of related websites.

"Working with our international partners on operations like this shows the true global impact of IP crime," said ICE Acting Director John Sandweg. "Counterfeiters take advantage of the holiday season and sell cheap fakes to unsuspecting consumers everywhere. Consumers need to protect themselves, their families, and their personal financial information from the criminal networks operating these bogus sites."

During the weeks leading up to the end of the year, the market is flooded with counterfeit products being sold at stores, on street corners, and online, according to law enforcement officials, not only ripping off the consumer with shoddy products, but also putting their personal financial information at risk. The most popular counterfeit products seized each year include headphones, sports jerseys, personal care products, shoes, toys, luxury goods, cell phones and electronic accessories, according to the IPR Center.

"This operation is another good example of how transatlantic law enforcement cooperation works. It sends a signal to criminals that they should not feel safe anywhere," said Rob Wainwright, director of Europol. "Unfortunately the economic downturn has meant that disposable income has gone down, which may tempt more people to buy products for prices that are too good to be true. Consumers should realize that, by buying these products, they risk supporting organized crime."

During the last few weeks, the IPR Center and its international partners received leads from trademark holders regarding the infringing websites. Those leads were disseminated to HSI offices in Denver, Dallas, El Paso, Houston and Salt Lake City as well as the Belgium Economic Inspection, Belgium Customs, Denmark Police, Hungarian Customs, French Gendarmerie, French Customs, Romanian Police, Spanish Guardia Civil, City of London Police, and Hong Kong Customs and Excise Department.

The domain names seized are now in the custody of the governments involved in these operations. Visitors typing those domain names into their Web browsers will now find a banner that notifies them of the seizure and educates them about the federal crime of willful copyright infringement.

During this operation, federal law enforcement officers made undercover purchases of a host of products including professional sports jerseys and equipment, DVD sets and a variety of clothing, jewelry and luxury goods from online retailers who were suspected of selling counterfeit products. Upon confirmation by the trademark or copyright holders that the purchased products were counterfeit or otherwise illegal, law enforcement officers obtained seizure orders for the domain names of the websites that sold these goods.

Operation In Our Sites is a sustained law enforcement initiative that began more than three years ago to protect consumers by targeting the sale of counterfeit merchandise on the Internet. The 297 domain names seized under Project Cyber Monday IV bring the total number of In Our Sites domain names seized to 2,550 since the operation began in June 2010. In that time, the seizure banner has received more than 122 million individual views.

U.S. Attorney's Offices in the District of Utah, Western District of Texas, Southern District of Texas, Northern District of Texas, and the District of Colorado issued the warrants for U.S. seizures. Significant assistance was provided by the Department of Justice’s Computer Crime and Intellectual Property Section.

The HSI-led IPR Center is one of the U.S. government's key weapons in the fight against criminal counterfeiting and piracy. Working in close coordination with the Department of Justice Task Force on Intellectual Property, the IPR Center uses the expertise of its 21-member agencies to share information, develop initiatives, coordinate enforcement actions and conduct investigations related to intellectual property theft. Through this strategic interagency partnership, the IPR Center protects the public's health and safety and the U.S. economy.


International Trade Administration - PRESS RELEASES
ITA / http://otexa.ita.doc.gov/

11/13/2013 – CBP implements  new rules (see pages 57 – 68)  governing the use of textile outsoles on footwear for duty relief purposes. To help interpret rules, see  American Apparel & Footwear Association (AAFA)

12/03/2013 - Commerce Initiates Antidumping Duty and Countervailing Duty Investigations of Imports of 1,1,1,2 -Tetrafluoroethane from the People’s Republic of China

12/04/2013 - Statement from U.S. Secretary of Commerce Penny Pritzker on International Trade in Goods and Services in October 2013 [ Fact Sheet ]


USITC Votes to Continue Cases on Non-Oriented Electrical steel from China, Germany, Japan, Korea, Sweden, and Taiwan
U.S. International Trade Commission / http://www.usitc.gov/press_room/news_release/2013/er1202ll1.htm

The United States International Trade Commission (USITC) today determined that there is a reasonable indication that a U.S. industry is materially injured by reason of imports of non- oriented electrical steel from China, Germany, Japan, Korea, Sweden, and Taiwan that are allegedly sold in the United States at less than fair value and that are allegedly subsidized by the governments of China, Korea, and Taiwan.

Chairman Irving A. Williamson and Commissioners Dean A. Pinkert, David S. Johanson, and Meredith M. Broadbent voted in the affirmative. Commissioners Shara L. Aranoff and F. Scott Kieff did not participate in these investigations.

As a result of the Commission's affirmative determinations, the U.S. Department of Commerce will continue to conduct its investigations on imports of this product, with its preliminary countervailing duty determinations due on or about January 10, 2014, and its preliminary antidumping duty determinations due on or about March 26, 2014.

The Commission's public report Non-Oriented Electrical Steel from China, Germany, Japan, Korea, Sweden, and Taiwan (Inv. Nos. 701-TA-506-508 and 731-TA-1238-1243 (Preliminary), USITC Publication 4441, December 2013) will contain the views of the Commission and information developed during the investigations.

Copies of the report are expected to be available after December 30, 2013, by emailing pubrequest@usitc.gov, calling 202-205-2000, or writing to the Office of the Secretary, 500 E Street SW, Washington, DC 20436. Requests may also be faxed to 202-205-2104.


FTC Sues Funeral Home for Failing to Disclose Prices
Federal Trade Commission /  http://www.ftc.gov/opa/2013/12/rossclayton.shtm

The Federal Trade Commission charged Ross-Clayton Funeral Home Inc. in Montgomery, Ala.,  and its owners, David C. Ross, Jr. and Eleanor Lewis Dawkins, with violating the FTC’s Funeral Rule, which requires funeral providers to provide consumers with important pricing and other disclosures when making funeral arrangements.

The FTC’s complaint alleges that on at least two occasions the funeral home failed to provide a casket price list at the time and manner required by the Funeral Rule for in-person discussions of funeral arrangements.

The FTC conducts undercover inspections across the country every year to ensure that funeral homes are complying with the Funeral Rule. First-time offenders cited for significant violations are offered a chance to enter the Funeral Rule Offenders Program (FROP), a three-year training program designed to increase compliance, as an alternative to possible legal action, a court order, and civil penalties of up to $16,000 per violation. The FROP program is run by the National Funeral Directors Association (NFDA) and provides participants with a review of price lists and disclosures, ongoing training, follow-up testing, and certification of compliance with the Rule.  Participants also must make a voluntary payment to the U.S. Treasury for an amount less than what likely would be sought if the Commission authorized filing a lawsuit for civil penalties, and pay annual administrative fees to the NFDA for each year of training. The defendants refused the opportunity to resolve their alleged violations by participating in the FROP program.

The Funeral Rule, enacted in 1984, gives consumers the right to receive information about funeral products and services so that consumers pay only for what they want and need.  Key provisions of the Rule require funeral homes to provide consumers with an itemized price list at the start of an in-person discussion of funeral arrangements, as well as a casket price list before consumers view any caskets. The Rule also prohibits funeral homes from requiring consumers to buy any item, such as a casket, as a condition of obtaining any other funeral good or service. The Rule requires funeral homes to provide itemized prices so that consumers can compare prices and buy only the goods and services they want.

For more information about the Funeral Rule, read Shopping for Funeral Services and Complying with the Funeral Rule.

The Commission vote authorizing the staff to file the complaint was 4-0. The complaint was filed in the U.S. District Court for the Middle District of Alabama.
 
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