Port of NY/NJ Terminal Holiday Schedule
- Tuesday 11/08 PNCT will be OPEN for Election Day 7am to 4pm
- Please be advised that all Maher Terminals facilities including the Empty Depot operated by Columbia will be closed for truck line activity on Tuesday, November 8, 2016 (Election Day) and Friday, November 11, 2016 (Veteran's Day).
Senate Proposed Terrorism Art and Antiquity Revenue Protection Act of 2016 - Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP
The Terrorism Art and Antiquity Revenue Prevention Act of 2016 (TAAR Act) was recently introduced into Congress. The proposed legislation is intended to prevent ISIS stolen antiquities from being trafficked into the United States. However, as written, the new law would have broad impact on the criminal enforcement of all cultural property regardless of origin.
The TAAR proposes amendments to the National Stolen Property Act (Title 18 U.S.C. 2314-2315, “NSPA”) which is a criminal statute that makes it a crime to transport, possess or sell stolen property. The proposed legislation would, if passed, allow for “cultural property” with a value of $50 or more “that has been removed or excavated in violation of local law considered to be stolen.” As written, this would apply to cultural property of any origin and would not be limited to antiquities from Iraq or Syria. This could severely impact the antiquities trade as a whole.
This change in law would provide the Government with a new weapon to pursue antiquities. Up to now, the Government’s burden was to prove a false statement made in connection with an antiquity that would enable them to seize the object (e.g., a false customs declaration). Under this new law, any person who simply possesses or transports an artifact knowing it had been removed or excavated contrary to local law can be prosecuted. The criminal penalties include fines or imprisonment of up to ten years.
Collectors, dealers and auction houses should monitor this legislation very closely. Inventories should be closely scrutinized to ensure that provenance has been carefully checked and documented. Our office is available to assist in this process. Please contact Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP
USITC Institutes Section 337 Investigation of Certain Food Supplements and Vitamins, Including Ocular Antioxidants and Components Thereof and Products Containing the Same - U.S. International Trade Commission
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain food supplements and vitamins, including ocular antioxidants and components thereof and products containing the same. The products at issue in the investigation are food supplements and vitamins containing ocular antioxidants, such as lutein, zeaxanthin, and zeaxanthin isomers,that may be used by individuals with certain ocular disorders, including age-related macular degeneration, hyperopia, presbyopia or astigmatism.
The investigation is based on a complaint filed by Kemin Industries, Inc., and Kemin Foods, L.C., both of Des Moines, Iowa, on October 6, 2016. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain food supplements and vitamins, including ocular antioxidants and components thereof and products containing the same infringe patents asserted by the complainant. The complainant requests that the USITC issue a limited exclusion order and cease and desist orders.
The USITC has identified the following as respondents in this investigation:
OmniActive Health Technologies of Mumbai, India; and
OmniActive Health Technologies, Inc., of Morristown, NJ.
By instituting this investigation (337-TA-1027), the USITC has not yet made any decision on the merits of the case. The USITC’s Chief Administrative Law Judge will assign the case to one of the USITC’s administrative law judges (ALJ), who will schedule and hold an evidentiary hearing. The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.
The USITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation. USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.
Issuance of Designated Port Exception Permits for Import at Non-Staffed Ports - Fish & Wildlife Service
Background: Service regulations under 50 C.F.R. Part 14 allow for the issuance of a permit authorizing importation and exportation of wildlife at one or more ports not otherwise authorized when certain criteria are met. The issuance criteria for the Designated Port Exception Permits (DPEP) include the availability of a Service officer.
As the Service moves forward with implementation of the International Trade Data System (ITDS) and begins to pilot the FWS Import Message Set submitted through the Automated Commercial Environment (ACE), it is critical that our wildlife inspectors be staffed at ports of clearance to process shipments and function effectively in this new single window environment.
Action: Effective immediately, the Service will no longer issue DPEP’s to authorize a non-staffed port when the applicant is required to file a CBP entry for any import activity.
In The News:
Acting Under Secretary of International Trade Ken Hyatt will lead 16 companies to Kuwait and Saudi Arabia
WASHINGTON – Today, U.S. Acting Under Secretary of Commerce Ken Hyatt announced he will lead 16 U.S. companies on a three-stop safety and security industry trade mission to Kuwait and Saudi Arabia. The mission will introduce U.S. firms to the regional security market and to assist U.S. companies in pursuing export opportunities in this sector.
"The Gulf region represents enormous export potential for U.S. companies," Hyatt said. "The defense and security markets continue to grow globally, and firms on this mission are well-positioned to enter into partnerships with Kuwaiti and Saudi businesses and government. The Department of Commerce has a proven track record of providing export assistance to companies looking to enter or expand in target markets."
The mission will visit Kuwait City, Kuwait, as well as Riyadh and Dhahran in Saudi Arabia. At each stop, the Acting Under Secretary will meet with government officials and industry representatives to discuss trade priorities and potential areas of cooperation.
Throughout the mission, firms will gain insights on the region's expanding markets, make industry connections, learn best practices, attend customized one-on-one business appointments, and create contacts with prospective partners. Companies will return with a deeper knowledge of the area and its dynamic growth in the security space.
The security and defense sector is a large and rapidly changing industry. Saudi Arabia has been the world's biggest defense market for U.S. exporters over the past two years, and it is forecast to procure $14 billion worth of security systems and services over the next three years. The Government of Kuwait is implementing a country-wide plan to significantly increase investment in safety and security equipment through 2020.
The trade mission delegation includes a diverse group of small- and medium-sized enterprises (SMEs) and large corporations. Included in the group are:
Ameristar Perimeter Security, USA – Tulsa, OK
Applied Concepts, Inc. – Lake Mary, FL
Comm-Port Technologies Inc. – Cranbury, NJ
DFNDR Armor – Camarillo, CA
DigitalGlobe – Longmont, CO
ENODO Global, Inc. – Fairfax, VA
High Impact Technology, LLC – Tigard, OR
Kratos Defense & Security Solutions, Inc., Modular Systems Division – San Diego, CA
Maxxess Systems, Inc. – Yorba Linda, CA
Navajo Fabrics – Westerly, RI
SureFire, LLC – Fountain Valley, CA
Tracer Technology Systems, Inc. – Billings, MT
TASC Management Corporation – Sterling, VA
Texas A&M Engineering Extension Service (TEEX) – College Station, TX
ZanstraSat, LLC – Columbia, MD
ITA: Press Release - International Trade Administration
11/02/2016 Preliminary Determination in the Antidumping Duty (AD) Investigation of Imports of Ammonium Sulfate from the People's Republic of China (China)
10/28/2016 Preliminary Determination in the Antidumping Duty Investigation of Imports of 1-Hydroxyethylidene-1, 1-Diphosphonic Acid from the People's Republic of China
10/26/2016 Preliminary Determination in the Antidumping Duty Investigation of Imports of Ferrovanadium from the Republic of Korea
Ban on Importation and Interstate Transport of 10 Freshwater Fish and 1 Crayfish Species - U.S. Fish & Wildlife
Background: The U.S. Fish and Wildlife Service (Service) has published a final rule in the Federal Register listing 10 freshwater fish and 1 crayfish species as injurious species under the Lacey Act. This listing, which becomes effective on October 31, 2016, covers the following species (see Federal Register Notice for more information):
• Crucian carp (Carassius carassius)
• Eurasian minnow (Phoxinus phoxinus)
• Prussian carp (Carassius gibelio)
• Roach (Rutilus rutilus)
• Stone moroko (Pseudorasbora parva)
• Nile perch (Lates niloticus)
• Amur sleeper (Perccottus glenii)
• European perch (Perca fluviatilis)
• Zander (Sander lucioperca)
• Wels catfish (Silurus glanis)
• Common yabby (Cherax destructor)
The listing generally makes it illegal to import live animals, gametes, viable eggs, or hybrids of these species into the United States. (NOTE: Prohibited imports include shipments transiting through the United States on their way to other foreign destinations.) Interstate transport of any type (both commercial and with respect to personal pets) is also prohibited.
This listing does not prohibit the importation or interstate transport of dead specimens nor does it affect the sale and possession of these species within a State.
Direct export is still allowed from either a designated port or other location with a current designated port exception permit (DPEP) but any export must occur directly from the State where the species are present. Designated port exception permits will only authorize use of a staffed FWS port in the same State where the fish are located, and issuance will depend on the availability of Service inspection staff and other criteria. Fish may not be transported between States by any means for the purpose of eventual export.
Action: Effective October 31, 2016, it will be illegal to import any live animals, gametes, viable eggs, or hybrids of these species into the United States or to transport these species from one State to another (including transporting them for export) without a permit from the Service.
As of this date, these species may only be exported:
- Directly from a designated port in the State where the fish are already located; or
- Directly from a FWS staffed non-designated port in the State where the fish are located under a Service-issued designated port exception permit.
Flights carrying exports must be direct international flights to a foreign country that do not stop at an airport in another State. (Stopovers are allowed within the State from which the shipment is departing.)
Shipments moving by vehicle, truck or rail to Canada or Mexico may not enter another State in transit to these countries.
Any export shipments that transit another State by air or land will be considered contraband subject to seizure and forfeiture whether or not the exporter knew that such interstate transport would occur.
Those caught unlawfully bringing these injurious species into the United States or transporting them across State lines on or after this date face penalties that include up to 6 months in prison and fines as high as $5,000 for individuals or $10,000 for organizations.
Shipments that are in the process of being imported at the time of the effective date must physically arrive in the United States before October 31, 2016; shipments that enter the country on or after this date will be subject to seizure.
USDOT Issues 30-Day Extension to Public Comment Period for Proposed Rule Requiring Speed Limiters for Large Commercial Vehicles - Federal Motor Carrier Safety Administration
The U.S. Department of Transportation’s National Highway Traffic Safety Administration (NHTSA) and Federal Motor Carrier Safety Administration (FMCSA) today announced a 30-day extension of the public comment period for a September 7, 2016 Notice of Proposed Rulemaking which would require all newly manufactured U.S. trucks, buses, and multipurpose passenger vehicles with a gross vehicle weight rating more than 26,000 pounds to be equipped with speed limiting devices.
The new public comment deadline of December 7, 2016, will provide all interested parties sufficient opportunity to fully develop and submit comments and evidentiary materials to the agencies via www.regulations.gov.
Requiring speed limiting devices on heavy vehicles could save lives, as well as an estimated $1 billion in fuel costs each year.
Deactivation of Washington State Port Codes 3027 and 3081 -
U.S. Customs & Border Protection
The ACE Business Office, in conjunction with the Office of Field Operations, has identified port codes associated to facilities that are no longer active and will be deactivating the port codes, one Field Office at a time. The Seattle Field Office has identified two port codes to be deactivated. During the week of November 7, 2016, Port Codes 3027 (NEAH BAY, WA), and 3081 (YAKIMA AIR TERMINAL) will be deactivated. The trade will no longer be able to use these port codes on bills of lading or in-bond movements.