Modernization of Cosmetics Regulation Act of 2022 - FDA / C-Air Customhouse Brokers
We advise you to read the information in the link and watch the Webinar at the bottom of this link.
Also, it is advisable not to import unregistered products going forward.
Different deadlines apply depending on whether the facility is an existing facility or a new facility. Facilities that were in existence on December 29, 2022 must register no later than December 29, 2023. New facilities must register within 60 days after first manufacturing or processing cosmetic products, or 60 days after December 29, 2023, whichever is later.
• Facility Registration
• Any establishment (including the Importers’) that manufacture/processes cosmetic products distributed in the United States must register their facilities with FDA,
• update content within 60 days of any changes and renew their registration every two(2) years.
• Product Listing
• list each marketed cosmetic product with FDA, including product ingredients, and provide any updates annually.
MoCRA exempts certain small businesses. However, such exemptions do not apply to facilities that manufacture or process, following cosmetic products:
• Products that regularly come into contact with mucus membrane of the eye under customary or usual conditions of use.
• Products that are injected.
• Products that are intended for internal use.
• Products that are intended to alter appearance for more than 24 hours under customary or usual conditions of use and removal by the consumer is not part of such conditions of use.
Examples of cosmetic products include makeup, nail polishes, shaving cream and other grooming products, perfumes, face and body cleansers, haircare products, moisturizers, and other skincare products.
Federal Register Notices:
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Silicon Metal From the People's Republic of China: Final Results of the Expedited Fifth Sunset Review of the Antidumping Duty Order
• Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China: Preliminary Results of Changed Circumstances Reviews, and Intent To Revoke the Antidumping and Countervailing Duty Orders, in Part
• Dioctyl Terephthalate From the Republic of Korea: Final Results of Antidumping Duty Changed Circumstances Review
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Tin- and Chromium-Coated Steel Sheet From Japan; Notice of Commission Determination To Conduct a Full Five-Year Review
• Investigations; Determinations, Modifications, and Rulings, etc.: Certain Casual Footwear and Packaging Thereof; Notice of Final Determination of No Violation by Active Respondents; Issuance of Default Remedial Orders; Termination of Investigation
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Raw Honey From the Socialist Republic of Vietnam: Addendum to Initiation of Antidumping Duty Administrative Review
• Sales at Less Than Fair Value; Determinations, Investigations, etc.: Corrosion-Resistant Steel Products From Taiwan: Notice of Third Amended Final Determination of Sales at Less than Fair Value Pursuant to Court Decision and Partial Exclusion From Antidumping Duty Order; Correction
• Certain Freight Rail Couplers and Parts Thereof From Mexico: Final Affirmative Determination of Sales at Less Than Fair Value and Final Negative Determination of Critical Circumstances
• Investigations; Determinations, Modifications, and Rulings, etc.: Tin Mill Products From Canada, China, Germany, Netherlands, South Korea, Taiwan, Turkey, and the United Kingdom; Revised Schedule for the Subject Investigations
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Citric Acid and Certain Citrate Salts From Belgium: Preliminary Results of the Sunset Review of the Antidumping Duty Order
• Investigations; Determinations, Modifications, and Rulings, etc.: Certain Universal Golf Club Shaft and Golf Club Head Connection Adaptors, Certain Components Thereof, and Products Containing the Same (II); Notice of a Commission Determination To Issue a Limited Exclusion Order; Termination of the Investigation
• Aluminum Foil From China
$1 Million in Counterfeit Merchandise Seized CBP Chicago - U.S. Customs & Border Protection
CHICAGO – U.S. Customs and Border Protection (CBP) officers at Chicago O’Hare’s International Mail Branch, seized a shipment last night containing 67 pieces of counterfeit designer watches, bracelets, handbags, and scarves. The items were deemed to be counterfeit by CBP’s Centers of Excellence and Expertise, the agency’s trade experts, and if genuine, would have had a combined Manufacturer’s Suggested Retail Price (MSRP) over $1 million.
The shipment arrived from Thailand. When CBP officers examined the shipment to determine the admissibility of the goods, they found 53 watches displaying the logos of Rolex, Gucci, Hermes, and Louis Vuitton, 9 bracelets with Rolex logos, 3 counterfeit Louis Vuitton handbags, and 2 counterfeit Gucci scarves. The items were poorly packaged and constructed and were seized for infringing on the designer’s protected trademarks. The shipment was heading to a residence in Oklahoma and had the items been real, the MSRP for these products would have been $1.08 million.
“Counterfeit goods are poor quality products that cost U.S. businesses billions of dollars a year while robbing our country of jobs and tax revenues,” said LaFonda D. Sutton-Burke, Director, Field Operations, Chicago Field Office. “CBP officers throughout my field office remain committed to stopping counterfeit smuggling, taking profits from organized crime, and helping protect our communities from potentially hazardous knockoffs.”
CBP data indicates handbags, wallets, apparel, footwear, watches, jewelry, and consumer electronics are at a higher risk of being counterfeited. Counterfeit versions of popular brands are regularly sold in online marketplaces and flea markets. Not only are counterfeit goods produced in unregulated and potentially exploitative environments in foreign countries, but the profits from their sales provide a funding stream to organized crime.
Nationwide during Fiscal Year 2022, CBP seized over 24.5 million shipments with Intellectual Property Rights violations worth just shy of $3 billion, had the goods been genuine. CBP protects citizens from unsafe and substandard products by seizing merchandise infringing on trademarks and copyrights recorded with CBP through the e-Recordation program https://iprr.cbp.gov/s/. CBP has established an educational initiative to raise consumer awareness about the consequences and dangers 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.
“To cut costs and maximize profits, counterfeit products are often made of inferior materials, are manufactured under uncontrolled and unsanitary conditions, and are labeled with false product information. Plus, they also just look bad,” said Chicago’s Acting Area Port Director Michael Pfeiffer.
Counterfeit goods can often be spotted by their inferior quality. Peeling labels, low-quality ink or printing errors on the packaging, and loosely packed items in the box can be signs the product you purchased may not be legitimate. Counterfeit apparel and handbags may feature poor or uneven stitching and improperly sized or designed logos. The performance of counterfeit electronics is often marked by short battery life and regular overheating.
Consumers can take simple steps to protect themselves and their families from counterfeit goods:
• Purchase goods directly from the trademark holder or from authorized retailers.
• When shopping online, read seller reviews and check for a working U.S. phone number and an address that can be used to contact the seller.
• Review CBP’s E-Commerce Counterfeit Awareness Guide for Consumers.
• Remember that if the price of a product seems too good to be true, it probably is.
CBP’s border security mission is led at 328 ports of entry by CBP officers from the Office of Field Operations. Please visit CBP Ports of Entry to learn more about how CBP’s Office of Field Operations secures our nation’s borders. Learn more about CBP at www.CBP.gov.________________________________________________________________________________
1,747 Earrings, Necklaces, Bracelets, & Rings Worth over $12 Million Seized by Louisville CBP - U.S. Customs & Border Protection
LOUISVILLE, Ky - Last night, U.S. Customs and Border Protection (CBP) officers in Louisville seized a shipment containing 1,747 pieces of counterfeit designer rings, bracelets, necklaces, and earrings. The items were deemed to be counterfeit by CBP’s Centers of Excellence and Expertise, the agency’s trade experts, and if genuine, would have had a combined Manufacturer’s Suggested Retail Price (MSRP) over $12 million.
The shipment arrived from Hong Kong. When CBP officers examined the shipment to determine the admissibility of the goods, they found 806 necklaces displaying the logos of Van Cleef and Arpels and Louis Vuitton, 290 pairs of earrings with Van Cleef and Arpels logos, 588 bracelets bearing logos of Van Cleef and Arpels, Gucci, Cartier, and Louis Vuitton, and 63 rings bearing Van Cleef and Arpels, Valentino, and Hermes logos. The items were poorly packaged and constructed and were seized for infringing on the designer’s protected trademarks. The shipment was heading to a residence in Ontario, Canada and had the items been real, the MSRP for these products would have been $12.2 million.
“CBP is responsible for enforcing all U.S. trade laws and regulations on behalf of 49 other federal agencies. CBP officers play a critical role in the Nation’s efforts to keep unsafe counterfeit and pirated goods from harming the American public,” said LaFonda D. Sutton-Burke, Director, Field Operations, Chicago Field Office. “This is yet another dramatic example of how CBP officers work every day to protect the American consumer, the US economy and US jobs.”
The illicit trafficking of counterfeit goods offers criminals a complementary source of income and a way through which they can launder money. Additionally, monies received from the sale of counterfeit products can be channeled towards the further production of fake goods or other illicit activities. Additionally, counterfeiting is a hugely profitable business, with criminals relying on the continued high demand for cheap goods coupled with low production costs.
Nationwide during Fiscal Year 2022, CBP seized over 24.5 million shipments of Intellectual Property Rights violations which would have been worth just shy of $3 billion, had the goods been genuine. CBP protects citizens from unsafe and substandard products by seizing merchandise infringing on trademarks and copyrights recorded with CBP through the e-Recordation program https://iprr.cbp.gov/s/. CBP has established an educational initiative to raise consumer awareness about the consequences and dangers 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 encourages anyone with information about counterfeit merchandise illegally imported into the United States to submit an e-Allegation. The e-Allegation system provides a means for the public to anonymously report to CBP any suspected violations of trade laws or regulations related to the importation of goods in the U.S.
CBP’s border security mission is led at 328 ports of entry by CBP officers from the Office of Field Operations. Please visit CBP Ports of Entry to learn more about how CBP’s Office of Field Operations secures our nation’s borders. Learn more about CBP at www.CBP.gov.
CBP Modifies Withhold Release Order Against Supermax Corporation Bhd. and its Subsidiaries - U.S. Customs & Border Protection
CBP will no longer detain disposable gloves produced by Supermax Corporation Bhd. and its wholly owned subsidiaries
WASHINGTON — U.S. Customs and Border Protection announced 18 September that it modified the Withhold Release Order (WRO) issued on Oct. 21, 2021, against Supermax Corporation Bhd. and its wholly owned subsidiaries (Supermax Glove Manufacturing, Maxter Glove Manufacturing Sdn. Bhd., and Maxwell Glove Manufacturing Bhd.) due to successful remediation of forced labor indicators in the company’s supply chain.
Effective immediately, CBP will allow imports of disposable gloves manufactured by Supermax Corporation Bhd. and its wholly owned subsidiaries to enter the U.S., provided they are otherwise in compliance with U.S. laws.
“Today’s action underscores the ongoing impact of CBP’s enforcement efforts in driving remediation and eliminating forced labor from supply chains,” said Senior Official Performing the Duties of the Commissioner Troy A. Miller. “Everyone is entitled to humane and dignified treatment in the workplace, no matter who they are or where they live, and that’s why this work matters.”
CBP began enforcing a WRO against Supermax Corporation Bhd. and its wholly owned subsidiaries based on evidence reasonably indicating the presence of 10 of the 11 International Labour Organization indicators of forced labor. In response to the WRO, the company demonstrated to CBP that it has taken steps to remediate the forced labor indicators identified in its supply chain.
“Our vigilance on this issue is showing industry and the world that we are fully committed to elevating the ethical standard of goods entering the U.S. and ending forced labor,” said AnnMarie R. Highsmith, Executive Assistant Commissioner of CBP’s Office of Trade.
Thus far in fiscal year 2023, CBP has issued four modifications. CBP’s forced labor enforcement efforts have resulted in the improvement of living and working conditions for tens of thousands of workers, including the repayment of more than $50 million in withheld wages and recruitment fees used to trap workers in debt bondage.
19 U.S.C. § 1307 prohibits the importation of “[a]ll goods, wares, articles, and merchandise mined, produced, or manufactured wholly or in part in any foreign country by convict labor or/and forced labor, or/and indentured labor, including forced or indentured child labor[.]” When CBP has information reasonably indicating that imported goods are made by forced labor, the agency will order personnel at U.S. ports of entry to detain shipments of those goods. Such shipments will be excluded and subject to seizure and forfeiture if the importer fails to demonstrate proof of admissibility in accordance with 19 CFR § 12.43 or to export the shipment.
CBP has established a process through which interested parties may request the modification or revocation of a WRO or Finding. The required evidence and timeline for modification or revocation may vary depending upon the specific circumstances of each individual case. CBP does not modify WROs or Findings until the agency has evidence demonstrating that the subject merchandise is no longer produced, manufactured, or mined using forced labor.
USITC Makes Determinations in Five-Year (Sunset) Reviews Concerning Steel Wire Garment Hangers from Taiwan and Vietnam- US International Trade Commission
The U.S. International Trade Commission (USITC) today determined that revocation of the existing countervailing duty order on steel wire garment hangers from Vietnam and the existing antidumping duty orders on steel wire garment hangers from Taiwan and Vietnam would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.
As a result of the Commission’s affirmative determinations, the existing orders on imports of this product from Taiwan and Vietnam will remain in place.
Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, and Amy A. Karpel voted in the affirmative.
Today’s action comes under the five-year (sunset) review process required by the Uruguay Round Agreements Act. See the attached page for background on these five-year (sunset) reviews.
The Commission’s public report Steel Wire Garment Hangers from Taiwan and Vietnam (Inv. Nos. 701-TA-487 and 731-TA-1197-1198 (Second Review), USITC Publication 5464, October 2023) will contain the views of the Commission and information developed during the reviews.
The report will be available by November 2, 2023; when available, it may be accessed on the USITC website at: https://www.usitc.gov/commission_publications_library.
The Uruguay Round Agreements Act requires the Department of Commerce to revoke an antidumping or countervailing duty order, or terminate a suspension agreement, after five years unless the Department of Commerce and the USITC determine that revoking the order or terminating the suspension agreement would be likely to lead to continuation or recurrence of dumping or subsidies (Commerce) and of material injury (USITC) within a reasonably foreseeable time.
The Commission’s institution notice in five-year reviews requests that interested parties file responses with the Commission concerning the likely effects of revoking the order under review as well as other information. Generally within 95 days from institution, the Commission will determine whether the responses it has received reflect an adequate or inadequate level of interest in a full review. If responses to the USITC’s notice of institution are adequate, or if other circumstances warrant a full review, the Commission conducts a full review, which includes a public hearing and issuance of questionnaires.
The Commission generally does not hold a hearing or conduct further investigative activities in expedited reviews. Commissioners base their injury determination in expedited reviews on the facts available, including the Commission’s prior injury and review determinations, responses received to its notice of institution, data collected by staff in connection with the review, and information provided by the Department of Commerce.
The five-year (sunset) reviews concerning Steel Wire Garment Hangers from Taiwan and Vietnam (Second Review) were instituted on April 3, 2023.
On July 7, 2023, the Commission voted to conduct expedited reviews. Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, and Amy A. Karpel concluded that the domestic interested party group response was adequate and the respondent interested party group responses were inadequate. Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, and Amy A. Karpel voted for expedited reviews.
A record of the Commission’s vote to conduct expedited reviews is available from the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Requests may be made by telephone by calling 202-205-1802.
FTC Warns Tax Preparation Companies About Misuse of Consumer Data - Federal Trade Commission
FTC says five firms could face civil penalties if they use or disclose data collected for tax preparation for unrelated purposes
The Federal Trade Commission is warning five tax preparation companies that they could face civil penalties if they use or disclose confidential data collected from consumers for the purpose of preparing their taxes for other unrelated purposes, such as advertising, without first obtaining consumers’ consent.
“Consumers trust tax preparers with sensitive information about their finances, marital status, children, and health,” said Samuel Levine, Director of the FTC’s Bureau of Consumer Protection. “Companies that violate American’s privacy by seeking to monetize personal data without consent can face significant financial consequences.”
The FTC is using its penalty offense authority to remind tax preparation companies of the law and deter them from breaking it. By sending a Notice of Penalty Offenses, the agency is warning recipients they could incur civil penalties of up to $50,120 per violation if they misuse personal data in ways that run counter to the original purpose for which this information was collected. The penalty offense authority allows the agency to seek civil penalties against a company that engages in conduct that it knows is unlawful, and that has been found unlawful in a previous FTC administrative order, other than a consent order.
The notices sent to the tax preparation companies detail the acts and practices that were found to be a violation of the FTC Act in a previous administrative case against Beneficial Corp. In that case, the FTC found that the company engaged in unfair and deceptive practices in violation of the FTC Act by using information collected for tax preparation services for unrelated loan solicitation purposes and ordered the company to halt such practices.
In the notices sent to the tax preparation companies, the FTC warned that the following practices may be deceptive or unfair under the FTC Act if companies fail to first obtain affirmative express consent from consumers:
• using information collected in a context where an individual reasonably expects that such information will remain confidential for purposes not explicitly requested by the individual;
• using such information to obtain a financial benefit that is separate from the benefit generated from providing the product or service requested by the individual; and
• using such information to advertise, sell, or promote products or services.
The notices further warn that it is unlawful to make false, misleading, or deceptive representations concerning the use or confidentiality of such information. The Commission specifically warned the companies that it considers it an unfair or deceptive practice to use tracking technologies such as pixels, cookies, APIs, or SDKs to amass, analyze, infer, or transfer personal information in the ways outlined above without first obtaining consumers’ express consent.
The Commission vote to authorize the notice and its distribution was 3-0.
The lead staffers on this matter are Michael Sherling and Manmeet Dhindsa from the FTC’s Bureau of Consumer Protection.
The Federal Trade Commission works to promote competition and protect and educate consumers. Learn more about consumer topics at consumer.ftc.gov, or report fraud, scams, and bad business practices at ReportFraud.ftc.gov. Follow the FTC on social media, read consumer alerts and the business blog, and sign up to get the latest FTC news and alerts.