U.S. Fish and Wildlife Service Proposes to Publicly Release Sensitive Import/Export Information - Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP
The U.S. Fish and Wildlife Service (“FWS” or “the Agency”) has recently announced its intention to release sensitive information relating to the import and export of wildlife specimens and flora (including merchandise) pursuant to several Freedom of Information Act (“FOIA”) requests that the Agency has received. This action would impact ALL importers and exporters of products subject to Fish and Wildlife regulations unless an objection is filed.
This information is contained within the Agency’s Law Enforcement Management Information System (“LEMIS”). The time period that is subject to release is “calendar year 1999, and from January 1, 2015 to December 31, 2020.”
The sensitive data that is subject to disclosure includes:
• U.S. importer name, address, contact information
• U.S. exporter name, address, contact information
• Foreign shipper name, address, contact information
• Customs Broker name/ address, contact information
• Shipping information (Bill of Lading & Air Waybill numbers and related information).
• CITES permit numbers
• Shipment/species origin
• Merchandise quantity and value
Objections to the disclosure of the requested information must be received by FWS by June 11, 2021. Where an objection is not submitted on or before June 11, 2021, the Agency may release the information without redaction.
GDLSK has successfully prevented the release of business confidential information that was the subject of previous FWS FOIA Requests. It is our assessment that there are legal arguments available that would similarly preclude the release of confidential business information under the subject FOIA Request.
Please contact our office should you have any questions or require support in this matter.
________________________________________
Federal Register Notices:
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Corrosion-Resistant Steel Products From the Republic of Korea: Final Results and Partial Rescission of Countervailing Duty Administrative Review; 2018
• Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review
• Certain Uncoated Paper From Indonesia: Final Results of the Expedited First Five-Year Sunset Review of the Countervailing Duty Order
• Certain Steel Nails From the Sultanate of Oman: Preliminary Results of Antidumping Duty Administrative Review and Partial Rescission of Antidumping Duty Administrative Review; 2019-2020
• Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Advance Notification of Sunset Review
• Steel Grating From the People's Republic of China: Continuation of Antidumping and Countervailing Duty Orders
• Uncoated Paper From Australia, Brazil, the People's Republic of China, Indonesia, and Portugal: Final Results of the Expedited First Sunset Reviews of the Antidumping Duty Orders
• Fine Denier Polyester Staple Fiber From India: Final Results of Antidumping Duty Administrative Review; 2018-2019
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Potassium Phosphate Salts From China; Scheduling of Expedited Five-Year Reviews
• Investigations; Determinations, Modifications, and Rulings, etc.: Magnesium From China; Institution of a Five-Year Review
• Certain Corrosion-Resistant Steel Products From China, India, Italy, Korea, and Taiwan; Institution of Five-Year Reviews
• Tissue Paper From China; Institution of a Five-Year Review
• Notice of Commission Determination Not To Review an Initial Determination Granting Complainants' Motion for Leave To Amend the Complaint and Notice of Investigation; Certain Toner Supply Containers and Components Thereof (I)
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Hardwood Plywood Products From the People's Republic of China: Final Results of Changed Circumstances Reviews, and Revocation of the Antidumping and Countervailing Duty Orders in Part
• Investigations; Determinations, Modifications, and Rulings, etc.: Certain Cellular Signal Boosters, Repeaters, Bi-Directional Amplifiers, and Components Thereof (I); Commission Determination Not To Review an Initial Determination Granting a Joint Motion To Terminate the Investigation Based on Settlement; Termination of the Investigation
• Melamine From China; Scheduling of Expedited Five-Year Reviews
• Certain Cellular Signal Boosters, Repeaters, Bi-Directional Amplifiers, and Components Thereof (III); Commission Determination Not To Review an Initial Determination Terminating the Investigation Based on Settlement; Termination of the Investigation
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Organic Soybean Meal From India: Postponement of Preliminary Determination in the Countervailing Duty Investigation
• Agreement Suspending the Antidumping Investigation of Certain Cut-to-Length Carbon Steel Plate From Ukraine: Final Results of Administrative Review; 2018-2019
• Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe From the People's Republic of China: Final Results of Expedited Second Sunset Review of the Countervailing Duty Order
• Circular Welded Carbon Steel Pipes and Tubes From the Republic of Turkey: Preliminary Results of Countervailing Duty Administrative Review and Intent To Rescind the Review, in Part; Calendar Year 2019
• Determination of Sales at Less Than Fair Value: Polyester Textured Yarn From Indonesia: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures
• Polyester Textured Yarn From Thailand: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures
• Polyester Textured Yarn From Malaysia: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures
• Polyester Textured Yarn From the Socialist Republic of Vietnam: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures
• Pentafluoroethane (R-125) From the People's Republic of China: Postponement of Preliminary Determination in the Less-Than-Fair-Value Investigation
• Investigations; Determinations, Modifications, and Rulings, etc.: Certain Cellular Signal Boosters, Repeaters, Bi-Directional Amplifiers, and Components Thereof (II); Commission Determination Not To Review an Initial Determination Terminating the Investigation Based on Settlement; Termination of the Investigation
• Steel Nails From Korea, Malaysia, Oman, Taiwan, and Vietnam
• Certain Toner Supply Containers and Components Thereof (II); Commission Determination Not To Review an Initial Determination Granting Complainants' Unopposed Motion To Amend the Complaint and Notice of Investigation
• Certain Integrated Circuits and Products Containing the Same; Commission Determination Not To Review an Initial Determination Granting Complainant's Motion To Terminate the Investigation Based on Settlement; Termination of the Investigation
• Certain Lithium-Ion Battery Cells, Battery Modules, Battery Packs, Components Thereof, and Products Containing the Same; Commission Determination To Grant a Joint Motion To Terminate the Investigation on the Basis of a Settlement Agreement; Termination of the Investigation
________________________________________
CBP and US Chamber of Commerce Partner to Combat Counterfeit Goods - U.S. Customs & Border Protection
New arrangement enhances information sharing, public outreach
WASHINGTON — U.S. Customs and Border Protection and the U.S. Chamber of Commerce announced a joint initiative today to prevent the importation of counterfeit and pirated goods.
CBP Executive Assistant Commissioner William A. Ferrara and U.S. Chamber of Commerce President and Chief Executive Officer Suzanne Clark signed a memorandum of understanding on information sharing to enhance intellectual property rights enforcement.
“This memorandum of understanding establishes a first-of-its-kind framework for public-private collaboration on combatting counterfeit and pirated goods,” said William A. Ferrara, CBP Executive Assistant Commissioner for the Office of Field Operations. “Information sharing between CBP and the U.S. Chamber of Commerce will strengthen our ability to defend intellectual property standards that generate American jobs, save lives, and enhance our economic prosperity.”
“Business is proud to partner with law enforcement to prioritize solutions that eliminate counterfeit and pirated goods,” said Suzanne Clark, President & CEO of the U.S. Chamber of Commerce. “Fake goods have real consequences, and consumers should have confidence they are getting what they pay for. Criminal networks are profiting from phony goods that expose Americans to potentially dangerous products, including illicit medicine, makeup, electronics, automotive parts, and toys, to name just a few.”
In the memorandum, CBP and the U.S. Chamber of Commerce express their intent to enhance the exchange of information concerning known or suspected intellectual property rights violations. The partners also intend to conduct joint training and outreach events and to improve public awareness of efforts to disrupt the trade in counterfeit and pirated goods.
The Organization for Economic Co-operation and Development estimates that the global trade in counterfeit and pirated goods generates more than $500 billion in illicit proceeds annually. Last fiscal year, CBP seized more than 26,500 shipments that contained millions of counterfeit items, including personal protective equipment, pharmaceuticals, COVID-19 test kits, electronics, apparel, footwear, and jewelry.
Trade in counterfeit and pirated goods threatens America’s innovation economy, the competitiveness of U.S. businesses, and the livelihoods of American workers. In some cases, counterfeit goods contain components or chemical additives that can harm consumers’ health and safety. The proceeds from sales of counterfeit goods fund criminal organizations engaged in drug trafficking, weapons smuggling, financial crime, and other illicit activities.
CBP established an educational initiative called Fake Goods, Real Dangers to raise consumer awareness about the dangers associated with purchasing counterfeit and pirated goods. Consumers can report suspected counterfeits via the e-Allegations Online Reporting System or by calling 1-800-BE-ALERT.
More information about intellectual property rights enforcement is available at CBP.gov and the Global Innovation Policy Center website.
________________________________________
FDA Launches Challenge to Spur Development of Affordable Traceability Tools as Part of Broader Food Safety Efforts - Food & Drug Administration
Today, the U.S. Food and Drug Administration launched a challenge to spur the development of affordable, tech-enabled traceability tools to help protect people and animals from contaminated foods by enabling the rapid identification of their sources and helping remove them from the marketplace as quickly as possible.
The FDA New Era of Smarter Food Safety Low- or No-Cost Tech-Enabled Traceability Challenge advances a goal set forth in the New Era of Smarter Food Safety blueprint, released in July 2020, to encourage the development of creative financial models for low- to no-cost traceability solutions that would enable food producers of all sizes to participate in a scalable, cost-effective way. Tech-enabled traceability is one of the foundational core elements of the New Era initiative. However, affordability can be a barrier to the adoption of tech-enabled traceability systems, especially for smaller companies.
“Too many Americans suffer from foodborne illnesses every year. Making the food supply more digitally enabled and food more traceable will speed the response to outbreaks and deepen our understanding of what causes them and how to prevent them from happening again,” said Acting FDA Commissioner Janet Woodcock, M.D. “One of the FDA’s highest priorities is protecting consumers from foodborne illnesses. We hope to find new, innovative ways to encourage firms of all sizes to voluntarily adopt tracing technologies that can help our nation modernize the way we work together to determine possible sources of foodborne illnesses as quickly as possible to keep Americans safe.”
Through this challenge, the agency is asking food technology solution providers, public health advocates, entrepreneurs and innovators across the human and animal food supply chain to present food traceability solutions that utilize economic models that are affordable, with costs that are proportional to the benefits received and can scale to encourage widespread adoption.
“Having digital information easily accessible is a key priority of the FDA’s New Era of Smarter Food Safety. Through this initiative, we are committed to helping ensure that even small companies can use and benefit from new tracing technologies,” said Frank Yiannas, deputy FDA commissioner for food policy and response. “Digitizing data at no- or low-cost through the use of creative financial models allows the entire food system to get smarter together.”
The challenge invites submissions for tech-enabled solutions that address the traceability needs and challenges unique to one or more segments of the human and animal food supply chain:
• primary producers (such as entities involved in farming and fishing);
• importers;
• manufacturers/processors;
• distributors (such as wholesalers, distribution centers and repackers); and
• retailers and foodservice (such as retail food establishments and restaurants).
To provide maximum flexibility, participants may offer solutions that are based on new or innovative models that are affordable for smaller enterprises. However, the solutions can also be based on existing or new scalable and cost-effective hardware, software or data analytics platforms.
The FDA will accept submissions from June 1 through July 30 and intends to announce up to 12 winners at the end of the challenge. A panel of judges from the federal government with experience in the fields of technology, public health or the food industry will select the winners based on how well solutions meet specific traceability challenges and demonstrate innovation, usability, affordability, scalability and interoperability.
No cash prizes will be awarded, but the winners will have the opportunity to present their work publicly in a webinar planned for September and their videos will be posted for public viewing. The challenge is being overseen by the FDA’s Office of Food Policy and Response and administered by PrecisionFDA as part of the America COMPETES Reauthorization Act of 2010. For more information on how to join the challenge, visit the registration page.
________________________________________
$717,930 Worth of Fake Jewelry Seized by Cincinnati CBP - U.S. Customs & Border Protection
CINCINNATI — On May 20, U.S. Customs and Border Protection (CBP) officers in Cincinnati seized 364 pieces of counterfeit jewelry items from a shipment of stainless-steel bracelets originating in China. Officers found necklaces, bracelets, earrings, and other items bearing trademarks from Michael Kors, Louis Vuitton, Gucci, and Chanel mixed in with jewelry that did not have protected trademarks.
The shipment had a manifested value of $367, but had the jewelry been genuine, it would have been worth $717,930. The package was headed to an address in New York, New York.
Intellectual property rights (IPR) protection is a priority trade issue for CBP. In Fiscal Year (FY) 2019, CBP and their partner agency Homeland Security Investigations seized 27,599 shipments containing IPR violations with a manufacturer’s suggested retail price of over $1.5 billion had the goods been genuine. Watches and jewelry represent 15 percent of all IPR seizures and continue to top the list of all seized IPR materials.
“Protecting the American economy protects the American people,” said Cincinnati Port Director Richard Gillespie. “Our officers continue to use their training, knowledge, and skills to identify high-risk shipments and shut down illicit suppliers.”
CBP has established an educational initiative to raise consumer awareness about the consequences and dangers that are often associated with the purchase of counterfeit and pirated goods. Information about the Truth Behind Counterfeits public awareness campaign can be found at
https://www.cbp.gov/FakeGoodsRealDangers.
CBP conducts operations at ports of entry throughout the United States, and regularly screens arriving international passengers and cargo for narcotics, weapons, and other restricted or prohibited products. CBP strives to serve as the premier law enforcement agency enhancing the Nation’s safety, security, and prosperity through collaboration, innovation, and integration.
________________________________________
CBP Seizes $4M in Fake Apple, JBL items - U.S. Customs & Border Protection
HOUSTON – U.S. Customs and Border Protection officers working at the Houston seaport intercepted over 70,000 various counterfeit Apple and JBL electronics with a combined Manufactured Suggested Retail Price over $4M.
The items were shipped from China and were seized because of intellectual property rights violations.
“Transnational criminal organizations are relentless in their effort to fund their illegal activities by manufacturing poor imitations of authentic designer brands,” said Houston CBP Port Director Roderick Hudson. “Many consumers are unaware that these types of illegal activities can involve forced labor and human trafficking. This seizure illustrates our commitment to protecting our nation’s economy and consumers from those intent on defrauding businesses and consumers alike.
When the shipment arrived to Houston, CBP officers examined it and discovered various Apple products including Air Pod Pros, Apple Watches, Lightning Cables, protective cases and JBL speakers. Images of the items were sent to the trademark holders who confirmed the items were counterfeit. While the domestic value of these items is $1,624,479.67, had these items been genuine, the MSRP would have reached $4,061,224.66.
Hudson added that counterfeiters can multiply illegal profits when these types of illegitimate items are made available on websites, sold in flea markets or unauthorized outlets. He added that consumers are deceived into believing that they are buying an original product at a significant discount but instead are purchasing counterfeit items that do not hold a manufacturer’s warranty or similar protections.
CBP officers work tirelessly to intercept and disrupt criminal activity. In fiscal year 2020, CBP processed $2.4 trillion in imports, the end of the fiscal year 2019, CBP recorded more than 23,700 seizures of counterfeit goods, with an estimated value of $1.2 billion.
CBP has established an educational initiative to raise consumer awareness about the consequences and dangers associated with purchasing counterfeit and pirated goods online or in stores. To report suspected fraud or illegal trade activity, please contact CBP through the e-Allegations Online Trade Violation Reporting System or by calling 1-800-BE-ALERT.
Intellectual property rights violations can also be reported to the National Intellectual Property Rights Coordination Center or by telephone at 1-866-IPR-2060.
________________________________________
**CBP issues Withhold Release Order on Chinese fishing fleet - U.S. Customs & Border Protection
CBP will detain imports of seafood from Dalian Ocean Fishing Co., Ltd. due to forced labor indications
WASHINGTON — Today, Secretary of Homeland Security Alejandro N. Mayorkas announced that U.S. Customs and Border Protection (CBP) issued a Withhold Release Order against Dalian Ocean Fishing Co., Ltd. based on information that reasonably indicates the use of forced labor in the entity’s fishing operations.
“Companies that exploit their workers have no place doing business in the United States,” said Secretary Mayorkas. “Products made from forced labor not only exploit workers, but hurt American businesses and expose consumers to unethical purchases. This Withhold Release Order will ensure we continue to protect the human rights of those working in the distant water fishing industry, while also upholding safeguarding our national and economic security.”
CBP identified all 11 of the International Labour Organization’s indicators of forced labor during its investigation including physical violence, withholding of wages, and abusive working and living conditions. Effective immediately, the new Withhold Release Order instructs CBP personnel at all U.S. ports of entry to begin detaining tuna, swordfish, and other seafood harvested by vessels owned or operated by the Dalian Ocean Fishing Co., Ltd. This is the first Withhold Release Order CBP has issued against an entire fleet of fishing vessels.
“This Withhold Release Order will help protect vulnerable workers while leveling the playing field for U.S. fisherman and seafood producers,” said CBP Senior Official Performing the Duties of the Commissioner Troy Miller. “CBP is a global leader in the forced labor enforcement and we will continue to protect American consumers and businesses from goods made by modern slavery.”
Federal statute 19 U.S.C. 1307 prohibits the importation of merchandise produced, wholly or in part, by convict labor, forced labor, and/or indentured labor, including forced or indentured child labor. CBP detains shipments of goods suspected of being imported in violation of this statute. Importers of detained shipments have the opportunity to export their shipments or demonstrate that the merchandise was not produced with forced labor.
The International Labour Organization estimates that 25 million workers suffer under conditions of forced labor worldwide. Some foreign companies exploit forced labor in order to sell goods below market value, hurting law-abiding businesses, threatening American jobs, and leading consumers to making unethical purchases.
The Department of Homeland Security, through its Blue Campaign, continues to educate the public, law enforcement, and other industry partners to recognize and report the indicators of human trafficking. The announcement of the Withhold Release Order reiterates CBP’s commitment to combat forced labor.
The distant water fishing industry is at high risk of forced labor as foreign companies often coerce vulnerable migrant workers to perform hazardous labor for little or no pay aboard distant water fishing vessels that may spend months at sea without making port calls.
Forced labor in the distant water fishing industry is often linked to other fisheries abuses. Illegal, unreported, and unregulated fishing threatens the livelihoods of law-abiding American seafood producers and damages ocean ecosystems.
CBP issued earlier Withhold Release Orders on individual distant water fishing vessels, such as the Lien Yi Hsing No. 12, the Da Wang, and the Yu Long No. 2. All Withhold Release Orders are publicly available and listed by country on CBP.gov.
Any person or organization that has reason to believe merchandise produced with the use of forced labor is being, or likely to be, imported into the United States can report detailed allegations by contacting CBP through the e-Allegations Online Trade Violation Reporting System or by calling 1-800-BE-ALERT.