Court Decision Holds that Individuals Can Be Liable for Company Imports
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP / http://www.gdlsk.com/knowledge/327-court-decision-in-trek-leather-case-holds-thatcustoms-penalty-statute-applies-to-individuals-.html
In a September 16, 2014 decision which has broad implications for corporate officers, import managers and other persons involved in import operations, the U.S. Court of Appeals for the Federal Circuit found the president of an importing corporation individually liable for customs penalties under the theory that he was responsible for the “introduction” into the United States of under-valued merchandise imported by the company. Read More
Port Authority Board Approves Major Redevelopment of Greenville Yard to Improve Cargo Movement in the Port
Port Authority of New York & New Jersey / http://www.panynj.gov/press-room/press-item.cfm?headLine_id=2073
Plans for New Ship-To-Rail Facility and Upgraded Cross-Hudson Barge Service will Reduce Truck Traffic on Local Roads, Improve the Environment
The Port Authority Board of Commissioners today approved a major redevelopment of Greenville Yard that will include a new ExpressRail facility – the fourth of its type to be built by the agency – that will support the adjacent Global Marine Terminal. This will allow the terminal to ship and receive containerized cargo by rail, a capability that it lacks today.
The Board also approved a series of improvements to the cross-harbor car float system operated by NY-NJ Rail that moves freight more efficiently by both water and rail (as opposed to truck) between New Jersey and markets east of the Hudson River, including New York City and Long Island.
The total program cost is approximately $356 million, of which the Port Authority will contribute approximately $320 million and approximately $36 million will be contributed by third-party stakeholders. Of the $320 million in Port Authority funding, approximately $234 million will be reimbursed through a combination of federally earmarked funds, grants and the Port Authority's Cargo Facility Charge. Under the Board's action, the project is conditioned on the continued availability of the Cargo Facility Charge, which is used to pay for the costs of certain road, rail and common infrastructure improvements within the Port of New York and New Jersey.
Cargo coming on and off the Global Terminal today is transported to and from its final destination primarily by truck. The new facility will allow for transloading of containerized cargo from ship to rail, offering ocean carriers and their customers a more efficient and environmentally friendly option for goods movement. The facility will have an initial capacity of at least 125,000 cargo container lifts a year, and is expected to be operational on or about July 2016.
In addition, the program calls for a significant upgrade to the NY-NJ Rail operation, which is owned by the Port Authority and operates the last cross-harbor car float system on the Hudson River. Under the system, freight is loaded on rail cars and the cars are moved by marine rail barge (carfloat) from Greenville to rail yards at 51st Street and 65th Street in Brooklyn, N.Y. Cargo delivered to Brooklyn is either delivered to local customers or handed over to another railroad to reach its final destination.
The program, when completed, will provide significant environmental benefits, including reductions to vehicle travel time, fuel consumption and a reduction in air emissions. As a result of the projects, 1.6 million metric tons of carbon monoxide emissions will be avoided over a 30 year period, 142 million gallons of diesel fuel will be saved and 17.1 million truck trips on local roads will be avoided.
Certain off-site improvements to the freight rail network in northern New Jersey also will be made to ensure it is equipped to handle the additional rail activity that will be generated by the redeveloped Greenville Yard. In addition, Global Terminal will contribute approximately $15 million for the procurement and installation of rail-mounted gantry cranes at the ExpressRail facility. Once construction is completed, Global will be responsible for the operation and maintenance of the facility.
"Striking a balance in freight transportation is critical if we are to continue the efficient, environmentally sustainable movement of people and goods throughout the region," said Port Authority Chairman John Degnan. "This investment will yield major benefits by providing new rail and barge options to meet the growing freight traffic in this busy metropolitan area."
"The investment that we're making in the Greenville Yards project demonstrates the Port Authority's commitment to a cleaner, more efficient movement of freight while improving the competitiveness of our port business," said Port Authority Vice Chairman Scott Rechler. "This project will reduce the number of trucks on our highways and curb harmful emissions while maximizing the use of our waterways and freight rail system to reduce traffic congestion and to improve the quality of life for those who live and work in the region."
The new ExpressRail Port Jersey includes the construction of approximately 10,000 feet of working track, 32,000 feet of support track and switches and infrastructure to support rail-mounted gantry cranes at the facility.
The upgrades to the New York-New Jersey carfloat system include construction of up to two new transfer bridges at Greenville and related lead and support tracks; the purchase of two larger car floats, each with the capability of transporting 18 rail cars; and the purchase of up to four new, ultra low emission locomotives to replace existing ones that have outlived their useful lives.
CBP Seizes 2 Counterfeit iPhone 6 Phones, Accessories
U.S. Customs & Border Protection / http://www.cbp.gov/newsroom/local-media-release/2014-09-17-000000/cbp-seizes-2-counterfeit-iphone-6-phones-accessories
SAN JUAN, Puerto Rico -- US Customs and Border Protection Field Operations officers and import specialists seized in late August two fraudulent iPhone 6 cell phones among other counterfeit phones and cell phone accessories, infringing the intellectual property rights of Apple and Samsung.
The various courier consignments inspected by CBP officers at the San Juan Air Cargo facility revealed other fake products such as two Samsung Galaxy phones, and 319 iPhone cell phone panels.
“Counterfeiters have the audacity of selling fakes even before the new branded product makes its official unveiling,” said Marcelino Borges, director of Field Operations in Puerto Rico and the U.S. Virgin Islands. “Our CBP field operations officers will continue to target and seizes imports of counterfeit and pirated goods, and enforce exclusion orders on patent-infringing and other IPR goods."
Consumers seek and purchase particular brands of products, believing that such brands have an intrinsic guarantee of their quality. Without a brand to protect, counterfeiters just seek to produce superficial quality products and take advantage of the loyalty that consumers have for a branded product. Poor quality products end up destroying the reputation of the copied brand, when it becomes impossible to distinguish the real product from a counterfeit.
CBP protects businesses and consumers every day through an aggressive IPR enforcement program. To effectively enforce intellectual property rights, Customs and Border Protection relies heavily on the cooperation of the owners of these rights.
If intellectual property is registered with the Patent and Trademark Office, the Copyright Office or the subject of a United States International Trade Commission exclusion order, CBP should be informed.
To record Intellectual Property Rights with CBP, please visit e-Recordation. Trade names must be recorded with CBP in order for us to determine trade name infringements.
If you are aware of or suspect a company or individual of infringing your trademark or copyright, please report the trade violation to e-Allegations Submission and provide the following information to Customs and Border Protection. Trade violations can also be reported by calling 1-800-BE-ALERT.
ITA: Press Releases
International Trade Administration / http://www.trade.gov/press/press-releases/
09/16/2014 Commerce Initiates Antidumping Duty and Countervailing Duty Investigations of Imports of Boltless Steel Shelving Units Prepackaged for Sale from the People’s Republic of China
USITC: News Releases and Documents
U.S. International Trade Commission / http://www.usitc.gov/
Commission Vote -- Refined Brown Aluminum Oxide from China [9/18/2014]
News Release: Sec. 337 Inv. -- Laser Abraded Denim Garments [9/17/2014]
CBP Atlanta Intercepts Destructive Khapra Beetle
U.S. Customs & Border Protection / http://www.cbp.gov/newsroom/local-media-release/2014-09-12-000000/cbp-atlanta-intercepts-destructive-khapra-beetle
ATLANTA— U.S. Customs and Border Protection (CBP) agriculture specialists working at Atlanta’s Hartsfield-Jackson International Airport (ATL) recently intercepted the insect described as the world’s most destructive insect pest of grain products and seeds.
CBP Agriculture Detector Dog ‘Regal’ alerted to the passenger’s luggage after the passenger arrived from Sudan. The CBP K9 handler then referred the passenger to a secondary agriculture examination.
During that examination, a CBP agriculture specialist discovered dried pigeon peas in the passenger’s luggage that contained a live larva and cast skins. CBP submitted the insect to the U.S. Department of Agriculture (USDA) entomologist for identification which proved to be Khapra Beetle (Trogoderma granarium Everts).
“Our best defense against destructive pests is to prevent their entry into the United States. The cost to American taxpayers to eradicate a pest or disease once it becomes established in the U.S. can reach millions of dollars,” said Stephen Kremer, Area Port Director for Customs and Border Protection in Atlanta.
The peas were destroyed.
The Khapra Beetle is considered one of the world’s most destructive insect pests of grains, cereals and stored foods and remains the only insect in which CBP takes regulatory action against even while in a dead state.
The Khapra Beetle is labeled a ‘dirty feeder’ because it damages more grain than it consumes, and because it contaminates grain with body parts and hairs. These contaminants may cause gastrointestinal irritation in adults and especially sickens infants. Khapra Beetles can also tolerate insecticides and fumigants, and can survive for long periods without food.
According to the USDA Animal and Plant Health Inspection Service, previous infestations of Khapra Beetle have resulted in massive, long-term control and eradication efforts at great cost to the American taxpayer.
California implemented extensive eradication measures following a Khapra Beetle infestation discovered there in 1953. The effort was deemed successful, but at a cost of approximately $11 million. Calculated in today’s dollars, that would be about $90 million.
Related information: USDA Restricts the Importation of Commercial and Noncommercial Quantities of Rice from Countries Where Khapra Beetle Is Known to Occur
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.
Meijer Agrees to Pay $2 Million Civil Penalty for Distributing Recalled Products
U.S. Consumer Product Safety Commission / http://www.cpsc.gov/en/Newsroom/News-Releases/2014/Meijer-Agrees-to-Pay-2-Million-Dollar-Civil-Penalty-for-Distributing-Recalled-Products/
WASHINGTON, D.C. – The U.S. Consumer Product Safety Commission (CPSC) announced today that Meijer, Inc., of Grand Rapids, Mich., has agreed to pay a $2 million civil penalty for distributing recalled consumer products.
The agreement settles charges that the firm knowingly sold and distributed 12 different recalled consumer products. Federal law prohibits the sale or distribution in commerce of a consumer product that is subject to voluntary corrective action, such as a recall, that has been publicly announced and taken in consultation with CPSC.
Staff charged that Meijer distributed recalled products through a system Meijer operated with a third party contractor. Staff further charged that Meijer received information about products handled by the contractor, but Meijer failed to take action to prevent distribution of recalled products. As a result, between April 2010 and April 2011, approximately 1,700 units of recalled consumer products were resold to consumers.
The recalled products include:
- Discovery Kids Animated Marine and Safari Lamps imported by Innovage LLC;
- SlingRider Baby Slings manufactured by Infantino;
- Hoover WindTunnel T-Series Bagless Upright Vacuum Cleaners with Cord Rewind Feature imported by Hoover Inc;
- Fisher-Price Trikes and Tough Trikes toddler tricycles manufactured by Fisher-Price;
- Little People Wheelies Stand ‘n Play Rampways imported by Fisher Price;
- Ocean Wonders Kick & Crawl Aquariums imported by Fisher-Price;
- Bathtub Subs imported by Munchkin, Inc.;
- Refreshing Rings Infant Teethers/Rattles imported by Sassy;
- Touch Point Oscillating Ceramic Heater;
- Harmony High Chair manufactured by Graco Children’s Products;
- Random Orbit Sander manufactured by Black & Decker; and
- Box Fans manufactured by Lasko.
CPSC and Meijer jointly reannounced the recall of the Touch Point Oscillating Ceramic Heater on July 13, 2011 and reannounced eight of the other recalls on March 6, 2012.
In addition to agreeing to pay a monetary penalty, Meijer has agreed to implement and maintain a reverse logistics compliance program designed to ensure that Meijer does not violate federal law prohibiting the sale or distribution of recalled products in the future.
In agreeing to the settlement, Meijer neither admits nor denies CPSC staff’s charges. Meijer is not aware of any additional reported incidents or injuries associated with the recalled products.
The settlement agreement has been accepted provisionally by the Commission in a 5 to 0 vote.
FTC Approves Final Order Settling Charges that Firm Made False and Unsubstantiated Environmental Claims for its Plastic Lumber Products
Federal Trade Commission / http://www.ftc.gov/news-events/press-releases/2014/09/ftc-approves-final-order-settling-charges-firm-made-false
Following a public comment period, the Federal Trade Commission has approved a final order settling charges that an Illinois-based firm that manufactures, markets, and sells plastic lumber made deceptive claims in its advertising and marketing material, including that many of its products are made entirely of recycled plastic. In reality, according to the FTC, the products were made of less than three-quarters recycled plastic.
Under the final FTC consent order, the company, Engineered Plastics Systems, LLC (EPS), must have credible evidence including scientific proof if necessary, to support any environmental benefit claims it makes. The final order also requires EPS to specifically substantiate any claims it makes about the amount of recycled content in its products. In addition, the final order prohibits such claims unless they are true and not misleading.
The Commission vote approving the final order was 5-0. (FTC File No. 132-3204; the staff contact is Robert Frisby, Bureau of Consumer Protection, 202-326-2098)