Statement Regarding Status of Hanjin Shipping
Federal Martime Commission
The Federal Maritime Commission is aware that Hanjin Shipping has advised its customers that the company’s application to engage in a voluntary restructuring process was denied by its creditors. The Commission is also aware that Hanjin Shipping has disclosed it has filed for court receivership and that these two actions combined have caused uncertainty among the American shipping community about cargo in transit with Hanjin.
For U.S.-based shippers and cargo owners trying to determine what options they have, the Commission shares this initial guidance:
- This is a non-United States legal matter at the moment. Hanjin Shipping is a company located in the Republic of Korea and has applied for receivership in that country.
- This is a legal matter and as such, it is important that affected parties, including shippers, consult with their attorneys on what remedies are available to them.
- The Commission will be vigilant in watching for, and quick to act on, any improper behavior by other carriers and regulated parties (such as marine terminal operators, non-vessel-operating-common-carriers, and freight forwarders) that would constitute violations of the Shipping Act.
- The Federal Maritime Commission has no jurisdiction when it comes to resolving bankruptcy claims and does not intercede in legal actions between third parties that will be heard by the courts.
- The Commission is concerned about the operational and competitive impacts of Hanjin’s status on the shipping industry broadly. Our staff will be closely monitoring for the foreseeable future for any developments that might impact shipping markets.
The Commission will issue further updates and guidance as circumstances and developments warrant.
Port of New York/New Jersey: All Container Terminals, TSC and CES' will be closed on Monday, 9/5. Please plan accordingly and use all available gate hours.
Port Truck Gate Schedule for Labor Day Weekend 2016 - PierPass
Terminals at the Ports of Los Angeles and Long Beach have announced their schedules for the Labor Day weekend holiday period of Friday, September 2, through Monday, September 5. The schedule is posted below, and a PDF of the schedule can be downloaded at http://www.pierpass.org/wp-content/uploads/2016/08/LaborDay_2016_1.pdf
Please continue to monitor the websites of individual terminals for updates.
Over $4M of Fake Footwear Seized by CBP in L.A. - U.S. Customs & Border Protection
Counterfeit High Fashion Footwear in Violation of “Ferragamo” Trademark
LOS ANGELES— U.S. Customs and Border Protection (CBP) officers and Center of Excellence and Expertise (Center) staff assigned to the Los Angeles/Long Beach seaport complex seized 7,800 pairs of high-fashion shoes bearing counterfeit “Salvatore Ferragamo” listed trademarks. If genuine, the seized footwear would have had an estimated manufacturer’s suggested retail price of $4,290,000.
The merchandise arrived in two separate shipments from China on July 20. The quantity and value of counterfeit merchandise seized is a clear indication of the profits that are involved in the illegal trade of luxury goods.
“These seizures demonstrate the high level of skill and vigilance of our officers in protecting the intellectual property rights of companies and individuals, as well as, preventing the proliferation of counterfeit luxury footwear, potentially damaging our national economy,” remarked Sergio Espinoza, CBP Acting Port Director of Los Angeles/Long Beach Seaport.
Approximately $1.35 billion worth of counterfeit goods originating overseas were seized by CBP in fiscal year 2015. China, Hong Kong, Singapore, Romania, and Turkey were the top five countries of origination for counterfeit goods seized by CBP in fiscal year 2015.
Available on illegitimate websites and sold in underground outlets, counterfeit high fashion commodities multiply the illegal profits of smugglers and traffickers. The public is misguided into believing they are buying an original product at a significant discount and the money they spend on these types of goods is often used in other forms of criminal enterprises.
Nationwide, apparel, consumer electronics, and footwear comprised the greatest number of counterfeit and pirated items seized by CBP last year, with the total estimated value of seizures up over 10 percent compared to fiscal year 2014. Of the approximately $1.35 billion in seized freight in fiscal year 2015, more than $697 million or 52 percent came from China.
ITA: Press Releases - International Trade Administration
08/25/2016 Preliminary Determination in the Antidumping Duty Investigation of Imports of Certain Amorphous Silica Fabric from the People's Republic of China
08/29/2016 Commerce Preliminarily Finds Dumping of Imports of Truck and Bus Tires from the People’s Republic of China
08/30/2016 Preliminary Determination in the Countervailing Duty (CVD) Investigation of Imports of 1-Hydroxyethylidene-1, 1-Diphosphonic Acid (HEDP) from the People's Republic of China
The Fight Against Wildlife Trafficking - Fish & Wildlife Service
Wildlife trafficking—the illegal taking and trade in protected species and their parts—continues to grow, with expected and sometimes unexpected consequences.
It threatens the future of many species of wildlife, from some of the most treasured, such as elephants and tigers, to mostly unknown species such as pangolins, the most heavily trafficked mammal in the world, and cone-producing cycad plants, often called “living fossils” because of how long they have been around.
Once a small-scale crime of opportunity, wildlife trafficking has now been taken over by criminal syndicates with plenty of guns and a deadly, organized structure, threatening the security and stability of places such as Central Africa.
The United States plays a key role in wildlife trafficking, as both consumer and transit country and a source of organized criminal networks. Species such as ginseng are also poached right here in the United States.
But it is also in the vanguard of efforts to end wildlife trafficking. The Service takes a leadership role combating wildlife trafficking both here and abroad. Read on to find out how.
- Lessons of the Feather Trade can Help Service Combat Wildlife Trafficking
- U.S. Supports Protections for Pangolins, African Grey Parrots, Chambered Nautilus at CITES Meeting
- EAGLE Spreads Its Wings with Bravery and Commitment across Africa ◦MENTOR Grad Fights for Wildlife
- Using Social Media to Pilot an Anti-Wildlife Trafficking Campaign in Peru
- Wildlife Traffickers are Finding that U.S. Laws Have Bite
From the Summer 2016 issue of Fish & Wildlife News.
FTC Update: Telemarketer Fees for the Do Not Call Registry to Rise Slightly in FY 2017 - Federal Trade Commission
The Federal Trade Commission has announced FY 2017 fees for telemarketers accessing phone numbers on the National Do Not Call Registry. The annual fees will increase slightly from FY 2016, and are set forth in a Federal Register notice.
All telemarketers calling consumers in the United States are required to download the numbers on the Do Not Call Registry to ensure they do not call those who have registered their phone numbers. The first five area codes are free, and organizations that are exempt from the Do Not Call rules, such as some charitable organizations, may obtain the entire list for free. Telemarketers must subscribe each year for access to the Registry numbers.
The FY 2017 Registry access fees will increase slightly based on a re-evaluation as required by the Do-Not-Call Registry Fee Extension Act of 2007. Under the Act’s provisions, in FY 2017 telemarketers will pay $61 for access to Registry phone numbers in a single area code (an increase of $1 from FY 2016), up to a maximum charge of $16,714 for all area codes nationwide (up from $16,482 in FY 2016). The fee for accessing an additional area code for a half year will remain the same at $30.
The Commission vote authorizing publication of the Federal Register notice announcing the new fees was 3-0. (FTC File No. P034305; the staff contact is Ami Dziekan, Bureau of Consumer Protection, 202‑326‑2648.)
The Federal Trade Commission works to promote competition, and protect and educate consumers. You can learn more about consumer topics and file a consumer complaint online or by calling 1-877-FTC-HELP (382-4357). Like the FTC on Facebook(link is external), follow us on Twitter(link is external), read our blogs and subscribe to press releases for the latest FTC news and resources.
FDA Advises Testing for Zika Virus in All Donated Blood and Blood Components in the US - U.S. Food & Drug Administration
As a further safety measure against the emerging Zika virus outbreak, today the U.S. Food and Drug Administration issued a revised guidance recommending universal testing of donated Whole Blood and blood components for Zika virus in the U.S. and its territories.
“There is still much uncertainty regarding the nature and extent of Zika virus transmission,” said Peter Marks, M.D., Ph.D., director of the FDA’s Center for Biologics Evaluation and Research. “At this time, the recommendation for testing the entire blood supply will help ensure that safe blood is available for all individuals who might need transfusion.”
The FDA first issued guidance on Feb. 16 recommending that only areas with active Zika virus transmission screen donated Whole Blood and blood components for Zika virus, use pathogen-reduction devices, or halt blood collection and obtain Whole Blood and blood components from areas of the U.S. without active virus transmission. All areas with active transmission in the U.S. are currently in compliance with this guidance. The revised guidance announced today recommends that all states and U.S. territories screen individual units of donated Whole Blood and blood components with a blood screening test authorized for use by the FDA under an investigational new drug (IND) application, or a licensed test when available. Alternatively, an FDA-approved pathogen-reduction device may be used for plasma and certain platelet products.
The FDA is updating its guidance after careful consideration of all available scientific evidence, consultation with other public health agencies, and taking into consideration the potential serious health consequences of Zika virus infection to pregnant women and children born to women exposed to Zika virus during pregnancy. Testing of donated blood is already underway in Florida and Puerto Rico, as well as in other areas, and it has shown to be beneficial in identifying donations infected with Zika virus. Expanded testing will continue to reduce the risk for transmission of Zika virus through the U.S. blood supply and will be in effect until the risk of transfusion transmission of Zika virus is reduced.
Zika virus is transmitted primarily by the Aedes mosquito. Zika virus can also be spread by sexual contact. Although 4 out of 5 people infected with Zika virus never develop symptoms, when symptoms do occur they may include fever, arthralgia (joint pain), maculopapular rash (red area with small bumps), and conjunctivitis (red, irritated eyes). In addition, Zika virus infection during pregnancy can cause serious birth defects and is associated with other adverse pregnancy outcomes.
“As new scientific and epidemiological information regarding Zika virus has become available, it’s clear that additional precautionary measures are necessary,” said Luciana Borio, M.D., the FDA’s acting chief scientist. “We are issuing revised guidance for immediate implementation in order to help maintain the safety of the U.S. blood supply.”
The first local or non-travel related transmission of Zika virus in the U.S. by mosquitoes was reported from Puerto Rico in December 2015; and soon thereafter, local transmission was reported in American Samoa and the U.S. Virgin Islands. In July 2016, the first cases of local or non-travel related transmission of Zika virus in the continental U.S. were reported in Miami-Dade County, Florida.
In addition to protecting the nation’s blood supply, the FDA works to protect the safety of our nation’s supply of human cells, tissues, and cellular and tissue-based products; supports the development and availability of diagnostic tests that may be useful for identifying the presence of or prior exposure to the Zika virus; works with commercial and government developers to advance the development of investigational vaccines and therapeutics; and monitors for fraudulent products and false product claims related the Zika virus.
The FDA, an agency within the U.S. Department of Health and Human Services, promotes and protects the public health by, among other things, 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.
Alaska Airlines, American Airlines, Southwest Airlines, and United Airlines Fined for Providing Inaccurate Information about Bumping Compensation, Baggage Liability - U.S. Department of Transportation
WASHINGTON – The U.S. Department of Transportation (DOT) today fined Alaska Airlines, American Airlines, Southwest Airlines, and United Airlines for providing inaccurate information to passengers about how much compensation they could potentially receive for being denied boarding against their will, or “bumped” on oversold flights, and for lost, damaged, or delayed baggage. Alaska Airlines was fined $40,000, American Airlines was fined $45,000, Southwest Airlines was fined $40,000, and United Airlines was fined $35,000. The airlines were also ordered to cease and desist from future similar violations.
“We are committed to ensuring that air travelers know the rules and have accurate information about compensation when they are bumped from flights and for lost, damaged, or delayed baggage,” said U.S. Transportation Secretary Anthony Foxx.
Under DOT rules, passengers are eligible for compensation when they are involuntarily bumped from an oversold flight, the amount of which varies based on several factors including the planned arrival time of the substitute transportation arranged (or offered to be arranged). Air carriers must immediately provide passengers who are involuntarily bumped from a flight with a written statement explaining the terms, conditions, and limitations of denied boarding compensation, and describing the carriers’ boarding priority rules and criteria. Carriers must also provide the statement to any person upon request at all airport ticket selling positions, and at all boarding locations being used by the carrier.
DOT rules also prohibit U.S. airlines from limiting their liability for direct or consequential monetary damages that are reasonable, actual, and verifiable resulting from the loss of, damage to, or delay in delivering a passenger’s baggage in domestic transportation to an amount less than $3,500. Carriers must provide passengers with proper notice of the baggage liability limit on or with their tickets.
These consent orders are the result of an unprecedented series of inspections, “Task Force Lightning,” conducted at airports nationwide by the Department’s Office of Aviation Enforcement and Proceedings. During these inspections, the Department found that Alaska Airlines, American Airlines, Southwest Airlines, and United Airlines failed to provide passengers with the required notices or provided notices that were incomplete, outdated, or contained inaccurate information.
The consent orders are available at
www.regulations.gov, docket number DOT-OST-2016-0002.