CBP Seizes Over $2.9 Million in Counterfeit Designer Jewelry
U.S. Customs & Border Protection
INDIANAPOLIS – Consumers in the U.S. can shop with greater confidence knowing U.S. Customs and Border Protection (CBP) is preventing counterfeit merchandise from entering the country.
On May 31, CBP officers conducting express consignment operations in Indianapolis seized over 1,900 pieces of counterfeit Tiffany, Cartier, Bvlgari, Louis Vuitton, Rolex, and Tous jewelry with an estimated manufacturer’s suggested retail price of $2,994,450.00 contained in a shipment from China in route to Texas.
“Protecting intellectual property rights is an important part of the CBP mission and critical to protecting American consumers,” said Chief CBP Officer Timothy Hubbard. “Our CBP officers and import specialists work diligently to protect businesses, consumers and our economy every day by combating the trade of counterfeit and pirated goods through an aggressive Intellectual Property Rights enforcement program. This seizure is fine example of that commitment.”
The enforcement of Intellectual Property Rights is a CBP Priority Trade Issue. Priority Trade Issues represent high-risk areas that can cause significant revenue loss, harm the U.S. economy, or threaten the health and safety of the American people. They drive the risk-informed investment of CBP resources as well as enforcement and facilitation efforts, including special enforcement operations, outreach, and regulatory initiatives.
NOTE: Images of Seizure can be found on our Twitter account @CBPChicago
OTEXA: Announcements
International Tde Administration (Office of Textile and Apparel)
06/08/2016 - Increase of Haiti HOPE knit apparel TPL from 70 million SMEs to 200 million SMEs for the annual period from October 1, 2015 to September 30, 2016. In accordance with the Haiti HELP legislation, because imports under the knit apparel TPL exceeded 52 million SMEs during the month of May 2016, the applicable quota level for the 2015/2016 annual period is automatically increased to 200 million SMEs. The quota level for the new annual period, from October 1, 2016 to September 30, 2017, will be 70 million SMEs until such time as imports reach or exceed 52 million SMEs.
06/03/2016 – April 2016 Textile and Apparel Import Report
CBP Announces a New Payment Option for Commercial Truck User Fee
U.S. Customs & Border Protection
New option will allow commercial truck carriers to pay the single crossing user fee online prior to arriving at a port of entry
WASHINGTON — U.S. Customs and Border Protection began a pilot program this month allowing commercial trucks to prepay the single-crossing user fee online prior to arrival at a port of entry. The pilot is being conducted at the Buffalo, Detroit and El Paso ports of entry and will last for approximately one year.
CBP requires all trucks crossing into the U.S. from Canada or Mexico to pay the user fee to offset border inspections costs.
Carriers or their agents will be able to make single-crossing user fee online payments through the Decal/Transponder Online Procurement System (DTOPS) website. The mobile-friendly DTOPS website design allows users to pay online using their smartphones. CBP is also developing a DTOPS app for smartphones.
Paying the single-crossing user fee online prior to arriving at the border reduces fuel consumption and wait times. Removing the cash/credit card payment process from primary inspection enables CBP officers to process vehicles in a faster and more efficient manner and reduces environmental costs by decreasing carbon emissions associated with heavy congestion. Online payments also enable CBP port management to optimize resources in order to facilitate trade and ensure the security and safety of international travelers.
To make a payment, users will set up an account in DTOPS, register their vehicle(s), select the single-crossing payment option and checkout with the secure online payment system. DTOPS will confirm payment by providing an electronic receipt. Single-crossing online payments are good until December 31 of the year purchased.
Cash and credit card payments will continue to be accepted at the border, but carriers who pay upon arrival may experience additional delays.
Once completed, the pilot will be evaluated for a 90-day period after which time CBP will determine whether to expand the program to all U.S. land border ports of entry that process commercial trucks.
The DTOPS mobile app does not collect any information regarding the identity of an individual or an individual’s device. CBP remains committed to protecting the user’s privacy.
More information about commercial truck user fee online payments for single crossings and for annual transponder purchases is available at https://dtops.cbp.dhs.gov.
In the News:
Jarden Consumer Solutions Agrees to Pay $4.5 Million Civil Penalty for Failure to Report Defective Single Cup Coffeemakers
U.S. Consumer Product Safety Commission
WASHINGTON, D.C. – The U.S. Consumer Product Safety Commission (CPSC) announced today that Sunbeam Products, Inc. d/b/a Jarden Consumer Solutions, of Boca Raton, Fla., has agreed to pay a $4.5 million civil penalty.
The penalty settles charges that the firm knowingly failed to report to CPSC immediately, as required by federal law, that its Mr. Coffee Single Cup Brewing System BVMC-KG1 series coffeemakers were defective and posed an unreasonable risk of serious injury or death to consumers.
Between 2011 and 2012, the company received numerous complaints, including at least 32 reports of burn injuries, from the coffeemakers’ brewing chamber opening and spraying hot water and coffee grounds toward consumers during normal use. The company failed to report this issue to CPSC immediately, as required.
In addition to paying a $4.5 million civil penalty, Sunbeam Products, Inc. d/b/a Jarden Consumer Solutions, has agreed to comply with and maintain a compliance program that is designed to ensure compliance with the Consumer Product Safety Act (CPSA). The firm has also agreed to comply and maintain a system of internal controls and procedures.
The firm recalled 520,000 of the single-cup brewers in August 2012. The coffeemakers were sold at mass merchandisers nationwide, including Bed, Bath & Beyond, Brandsmart, JC Penney, Kmart, Lowe’s, Target and Walmart and online at www.mrcoffee.com from September 2010 through August 2012 for between $60 and $80.
The firm does not admit to CPSC staff’s charges.
The penalty agreement has been provisionally accepted by the Commission by a 3 to 2 vote.
Administration Takes Bold Step for African Elephant Conservation: Completes Near-Total Elephant Ivory Ban to Cut Off Opportunities for Traffickers
U.S. Fish & Wildlife Service
Administration Takes Bold Step for African Elephant Conservation: Completes Near-Total Elephant Ivory Ban to Cut Off Opportunities for Traffickers
In a significant move to protect one of the world’s most cherished species, the U.S. Fish and Wildlife Service (Service) today completed a rulemaking process under the Endangered Species Act (ESA) to institute a near-total ban on the domestic commercial trade of African elephant ivory. The rule, which fulfills restrictions outlined under President Obama’s 2013 Executive Order on Combating Wildlife Trafficking, substantially limits imports, exports and sales of African elephant ivory across state lines. The rule is the latest of several actions implemented by the Service aimed at reducing the opportunities for wildlife traffickers to trade illegal ivory under the guise of a legal product.
“Today’s bold action underscores the United States’ leadership and commitment to ending the scourge of elephant poaching and the tragic impact it’s having on wild populations,” said Secretary of the Interior Sally Jewell, who serves as co-chair of the President’s Task Force on Wildlife Trafficking. “We hope other nations will act quickly and decisively to stop the flow of blood ivory by implementing similar regulations, which are crucial to ensuring our grandchildren and their children know these iconic species.”
Wildlife trafficking reduces the economic, social and environmental benefits of wildlife while generating billions of dollars for organized criminal enterprises, contributing to an illegal economy, fueling instability and undermining security. The final rule prohibits most commerce in ivory but makes specific, limited exceptions for certain pre-existing manufactured items -- such as musical instruments, furniture pieces and firearms -- that contain less than 200 grams of ivory and meet other specific criteria. Antiques, as defined under the ESA, are also exempt from the act’s prohibitions. This rule is limited to African elephant ivory and does not further regulate ivory derived from other species, such as walrus, whale and mammoth.
“Since we proposed this rule in 2015, we received more than 1.3 million comments from the public, demonstrating that Americans care deeply about elephants and overwhelmingly support African elephant conservation,” said Service Director Dan Ashe. “Our actions close a major avenue to wildlife traffickers by removing the cover that legal ivory trade provides to the illegal trade. We still have much to do to save this species, but today is a good day for the African elephant.”
Federal law enforcement investigations demonstrate that wildlife traffickers have exploited prior regulations allowing for legal trade in ivory. Under current laws, once illegal ivory enters the market, it becomes nearly impossible to distinguish from legal ivory, limiting the effectiveness of law enforcement efforts to intercept black market shipments and catch traffickers. The new rule will provide federal agents with clearer lines of demarcation to identify illegal ivory. Desire for elephant ivory, mostly in Asia, is so great that it grossly outstrips the legal supply and creates a void in the marketplace that ivory traffickers are eager to fill. Perpetuating legal trade only serves to stimulate this consumer demand and further threaten wild elephant populations.
During a recent three-year period, an estimated 100,000 elephants were killed for their ivory, an average of approximately one every 15 minutes, and poaching continues at an alarming rate. The carcasses of illegally killed elephants now litter some of Africa’s premiere parks. Elephants are under threat even in areas that were once thought to be safe havens.
During the last year, the Service consulted extensively with groups that will be impacted by the new trade controls for ivory. The rule provides detailed guidance on the transportation and trade in limited types of ivory products that are still allowed. The Service will provide additional implementation guidance on the rule before it goes into effect July 6, 2016, 30 days following publication in the Federal Register.
“We listened carefully to the legitimate concerns raised by various stakeholder groups and, as a result, are allowing commonsense, narrow exceptions for musicians, musical instrument makers and dealers, gun owners and others to trade items that have minimal amounts of ivory and satisfy other conditions,” said Ashe. “These items are not drivers of elephant poaching and do not provide cover for traffickers.”
This rule is the latest in a suite of actions taken by the Administration to combat wildlife trafficking including: Securing corporate commitments to stem trafficking through the U.S. Wildlife Trafficking Alliance; developing international partnerships with range and demand countries; law enforcement operations such as Operation Crash; and drafting of the Trans Pacific Partnership Agreement, which is currently under public and congressional review and includes the strongest international commitments to fight the illegal trade in endangered species of any trade agreement in history.
The final rule will publish in the Federal Register June 6, 2016, at which time it will be available at www.regulations.gov under docket no. FWS–HQ–IA–2013–0091. For more information on the final rule, please see http://www.fws.gov/international/pdf/questions-and-answers-african-elephant-4d-final-rule.pdf.
Teavana Agrees to Pay $3.75 Million Civil Penalty for Failure to Report Hazardous Tea Tumblers
U.S. Consumer Product Safety Commission
WASHINGTON, D.C. – The U.S. Consumer Product Safety Commission (CPSC) announced today that Teavana, formerly of Atlanta, Ga., has agreed to pay a $3.75 million civil penalty to the federal government. The penalty settles charges that Teavana knowingly failed to report to CPSC, as required by federal law, that the tumblers contained a defect that could create a substantial product hazard or that the tumblers created an unreasonable risk of serious injury.
After receiving numerous complaints about the tea tumblers unexpectedly exploding, shattering or breaking during normal use, including six reports of injuries to consumers who suffered cuts to their fingers or legs by broken glass or burns from hot liquid, Teavana failed to immediately report the matter to CPSC.
In addition to paying the $3.75 million civil penalty, Teavana has agreed to comply with and maintain the compliance program of its parent company that is designed to ensure compliance with the Consumer Product Safety Act (CPSA) and regulations enforced by the Commission. Teavana has also agreed to comply with and maintain a system of internal controls and procedures to ensure Teavana discloses information to the Commission in accordance with applicable law.
The tumblers were recalled in May 2013, after Teavana had imported about 445,000 tumblers. The tumblers were sold at Teavana stores and online at Teavana.com from August 2007 through May 2013, for about $15 to $33 for the individual tumblers; about $40 for the Flourish Iced Tea Glasses Sets; and about $80 to $100 for the Imperial Blooming Collection Tea Sets.
Teavana does not admit to CPSC staff’s charges.
The penalty agreement has been accepted provisionally by the Commission by a 3 to 2 vote.
Port of NY & NJ Confirms Capability to Handle Larger Vessels
Port of NY & NJ/Breaking Waves
On June 7, officials at the Port Authority of New York and New Jersey confirmed that the Port of New York and New Jersey will be able to handle 14,000 TEU vessels toward the end of 2017.
The planned completion of the 50-foot Harbor Deepening Project later this summer and the anticipated completion of the navigational clearance project at the Bayonne Bridge late next year were cited as proof that the port will find itself prepared to handle new, larger classes of cargo ships within its previously stated time frame.
Officials also pointed out that the Port Authority of New York and New Jersey and its marine terminal operators have invested billions of dollars in infrastructure and equipment over the past decade to maintain the Port of New York and New Jersey as the premier US East Coast gateway for trade.
Specifically, port officials noted errors in a recent article published by the Journal of Commerce on June 4, 2016, titled “NY-NJ turning basin’s ability to handle mega ships in question.” They pointed to assurances by The Sandy Hook Pilots Association that the Port of New York and New Jersey can handle 14,000 TEU transits safely. They also noted that Journal of Commerce article questions a turning basin that doesn’t exist and confuses the objective of the Army Corps of Engineers General Reevaluation Study with a state of the art navigational simulation that is being conducted at the Maritime Institute of Technology and Graduate Studies (MITAGS).
Said Molly Campbell, Director of Port Commerce for the Port Authority of New York and New Jersey: “Given that the Harbor Deepening project was first designed in 1997 when the maximum vessel size anticipated was quite different than it is today, the Reevaluation Study is customary practice to validate that the new harbor configuration is appropriate for today’s current and anticipated vessel activity.”
Campbell went on to note that the Reevaluation Study will take a couple of years to complete and will not impact current operational plans, but rather inform future investment needs at the port.
The simulation on the other hand is being conducted to ensure that port pilots identify and perfect best practices for safely handling 14,000 TEU vessels and to provide this training to all harbor and bar pilots. The simulation could also reveal necessary operational parameters such as the number of tugs required to assist a vessel or specific sailing times that must be observed in order to precede slack water conditions.