New York - Miami - Los Angeles Friday, February 22, 2019
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PierPass: POLA and POLB Marine Terminal Gates Closed Thursday, Feb. 7, 2019, from 5 p.m.

PierPass Inc. has been notified that the International Longshore and Warehouse Union (ILWU) will observe a special stop work meeting for union business on Thursday, Feb. 7, 2019, starting at 5 p.m. As a result, no marine terminal gates at the Port of Los Angeles or the Port of Long Beach will operate between the hours of 5:00 p.m. on Feb. 7 through 3:00 a.m. on Feb. 8. There will be no OffPeak shift Thursday night Feb. 7.
Please check with individual terminals for substitute or alternative gates.

This labor shutdown falls under Rule 5 of the Marine Terminal Operator Schedule No. 1, which is available at: https://www.pierpass.org/wp-content/uploads/2018/11/PierPASS-Schedule-11-21-2018.pdf


ITC Finds that Domestic Industry is Materally Injured by Truck and Bus Tires Imported from China - ADD/CVD May be Reinstated - Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP

In a decision dated January 30, 2019, the United States International Trade Commission (“ITC”) found that a domestic industry was materially injured by truck and bus tires (“TBT”) imported from China.  This ITC determination followed the Court of International Trade’s (“CIT”) November 1, 2018 decision that required the ITC to reconsider its original negative determination that the domestic TBT industry had not been materially injured by imports of TBT.  The petitioners had challenged the ITC’s negative determination, and the court ordered the ITC to reconsider.  The ITC’s original 2018 negative decision was by a 3 – 2 vote, with Commissioners Johanson, Broadbent, and Kieff finding no injury, and Commissioners Williamson and Schmidtlein finding injury.  Subsequent to that decision, Commissioner Kieff was replaced on the Commission by Commissioner Kearns, and in the January 30, 2019 opinion, Commissioners Williamson and Schmidtlein were joined by Commissioner Kearns in voting for injury.  Commissioners Broadbent and Johanson again voted for no injury.

The parties that appeared in the CIT case now have an opportunity to file comments with the court explaining why the new ITC determination is incorrect.  The court’s final decision can be appealed to the Court of Appeals for the Federal Circuit (“CAFC”).

The January 30, 2019 decision will likely result in publication of antidumping duty (“ADD”) and countervailing duty (“CVD”) Orders on TBTs from China, with cash deposits payable at the “combined AD/CVD deposit rate” set forth here.

These cash deposits will be in addition to regular customs duty and Section 301 duty currently payable on TBT imports.

The cash deposits will be effective upon publication of ADD/CVD Orders by the Department of Commerce (“DOC”).   Deposit or assessment of ADD/CVD will not be retroactive.  Publication of the Orders could occur in the immediate future, even prior to a final judgment of the CIT.   Alternatively, the ADD/CVD Orders might not be published until after the CIT affirms the ITC’s recent decision (which will not be for several months, assuming the decision is affirmed).  In either case, an affirmative ITC decision, affirmed by the CIT, can be appealed to the CAFC.  Deposit obligations (if an Order is issued) will continue during an appeal.  Please keep in mind that current cash deposits rates may be reduced or increased based on the results of a future annual administrative review conducted by the DOC.

If you have any questions concerning this matter, please feel free to contact one of our attorneys.


OTEXA: 

STERLING, Virginia – Customs and Border Protection (CBP) officers seized counterfeit consumer goods in an air cargo shipment that arrived recently to Washington Dulles International Airport.  If authentic, the merchandise would have a manufacturer’s suggested retail price of more than $129,000.

A woman arrived to CBP’s air cargo office December 27 to pick up a shipment manifested as “shoes bags scarfs.” CBP officers examined the shipment, which consisted of 90 items, including designer brand name shoes, handbags, purses, belts and scarves. Officers suspected the merchandise to be counterfeit and detained the shipment.

Working with CBP’s Consumer Products and Mass Merchandising Centers for Excellence and Expertise, the agency’s trade experts, officers verified the merchandise as counterfeits through the trademark holder.  Officers seized the shipment January 17. The shipment was destined to an individual consignee in Woodbridge, Virginia.

CBP protects businesses and consumers every day through an aggressive Intellectual Property Rights (IPR) enforcement program. Importation of counterfeit merchandise can cause significant revenue loss, damage the U.S. economy and threaten the health and safety of American people.

“Consumer safety and trademark protection is one of Customs and Border Protection’s top trade enforcement priorities,” said Casey Durst, CBP Director of Field Operations in Baltimore. “Our officers and import specialists will continue to work closely with our trade and consumer safety partners to identify and seize counterfeit merchandise, especially those products that pose potential harm to American consumers.”

On a typical day in 2017, CBP officers seized $3.3 million worth of products with IPR violations. Learn more about what CBP did during "A Typical Day" in 2017.

In Fiscal Year (FY) 2017, the number of IPR seizures increased 8 percent to 34,143 from 31,560 in FY 2016.  The total estimated MSRP of the seized goods, had they been genuine, decreased to $1.2 billion from $1.38 billion in FY 2016. Read more 2017 IPR Enforcement Statistics.

As a result of CBP enforcement efforts, ICE Homeland Security Investigations agents arrested 457 individuals, obtained 288 indictments, and received 242 convictions related to intellectual property crimes in 2017.

CBP's border security mission is led at 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.


ICE, CBP Operation Nets Over $24 Million in Fake Sports-Related Merchandise - U.S. Immigration & Customs Enforcement

ATLANTA – U.S. Immigration and Customs Enforcement (ICE) announced today that collaborative enforcement efforts led by its Homeland Security Investigations (HSI) component and U.S. Customs and Border Protection (CBP) resulted in the seizure of nearly 285,000 counterfeit sports-related items worth an estimated $24.2 million, and related investigations led to 28 arrests with 21 convictions.

The latest intellectual property enforcement statistics were part of Operation Team Player, an ongoing effort developed by the HSI-led National Intellectual Property Rights Coordination Center (IPR Center) to target the illegal importation and distribution of counterfeit sports merchandise, were revealed in Atlanta, Georgia, at a joint press conference with the NFL, CBP, Atlanta Police Department (APD) and Department of Justice (DOJ).

“U.S. Immigration and Customs Enforcement is committed to targeting criminals attempting to disrupt the Super Bowl and other major sporting events by engaging in counterfeiting and additional illicit activities,” said ICE Deputy Director Ronald D. Vitiello. “Intellectual property theft has very severe consequences, which include negatively impacting the U.S. economy; threatening the health and safety of American consumers; and funding criminal organizations involved in violent crimes.”

Special agents from HSI teamed with industry, CBP, Atlanta police officers and other partner agencies to identify flea markets, retail outlets and street vendors selling counterfeit goods during the week leading up to Super Bowl LIII. They seized fake jerseys, hats, cell-phone accessories and thousands of other bogus items prepared to be sold to unsuspecting consumers.

“The NFL values its partnership with the IPR Center, ICE, HSI, CBP, and Atlanta law enforcement, whose joint anti-counterfeiting enforcement efforts protect consumers from predatory sellers who seek to illegally profit from our fans’ enthusiasm for their team and the Super Bowl championship game,” said NFL Vice President of Legal Affairs, Dolores DiBella. “The NFL is committed to supporting law enforcement’s anti-counterfeiting and consumer protection measures. The dedicated work of law enforcement is integral to any successful anti-counterfeiting operation, and we extend our appreciation and gratitude to every agent and officer engaged in Operation Team Player.”

Last year, HSI announced that enforcement actions related to Operation Team Player resulted in the seizure of $15 million worth of counterfeit sports-merchandise. Enforcement actions related to this year’s effort led to a 54 percent increase in the value of seizures over the previous year. Throughout the year, the IPR Center led coordinated efforts with major sporting leagues to target contraband that impacts the economy, enables additional criminality and poses potential health and safety hazards to the public. For example, HSI teams in Boston seized 3,000 counterfeit sports-related items worth an estimated $87,000 during the 2018 World Series.

“Collaborative efforts, such as Operation Team Player, ensure that the health and safety of the American people and the vitality of our economy are preserved,” said CBP Commissioner Kevin McAleenan. “CBP is proud to partner with ICE, the IPR Center and local authorities to protect businesses and consumers from intellectual property thieves that produce counterfeit and often defective and dangerous merchandise.”

The IPR Center – formally codified in the Trade Facilitation and Trade Enforcement Act of 2015 – is one of the U.S. government's key weapons in the fight against criminal counterfeiting and piracy. The center uses the expertise of its 24 member agencies to share information, develop initiatives, coordinate enforcement actions, and conduct investigations related to IP theft.

“The Super Bowl is game on for criminals trying to scam unsuspecting fans,” said David Hirschmann, president and CEO of the U.S. Chamber’s Global Innovation Policy Center. “From counterfeit tickets to fake, substandard jerseys and sports gear, fans could be cheated out of their money and have their private information stolen. These counterfeits also cause long-ranging harm to the American economy, jobs, and businesses. The only way to be certain that you get what you paid for is to shop from authentic retailers and vendors.”


Chinese Telecommunications Conglomerate Huawei and Huawei CFO Wanzhou Meng Charged With Financial Fraud -  Department of Justice

Huawei Device USA Inc. and Huawei’s Iranian Subsidiary Skycom Also Named Defendants 

Other Charges Include Money Laundering, Conspiracy to Defraud the United States, Obstruction of Justice and Sanctions Violations

A 13-count indictment was unsealed earlier today in federal court in Brooklyn, New York, charging four defendants,[1] including Huawei Technologies Co. Ltd. (Huawei), the world’s largest telecommunications equipment manufacturer, with headquarters in the People’s Republic of China (PRC) and operations around the world.  The indicted defendants include Huawei and two Huawei affiliates — Huawei Device USA Inc. (Huawei USA) and Skycom Tech Co. Ltd. (Skycom) — as well as Huawei’s Chief Financial Officer (CFO) Wanzhou Meng (Meng).

The defendants Huawei and Skycom are charged with bank fraud and conspiracy to commit bank fraud, wire fraud and conspiracy to commit wire fraud, violations of the International Emergency Economic Powers Act (IEEPA) and conspiracy to violate IEEPA, and conspiracy to commit money laundering.  Huawei and Huawei USA are charged with conspiracy to obstruct justice related to the grand jury investigation in the Eastern District of New York.  Meng is charged with bank fraud, wire fraud, and conspiracies to commit bank and wire fraud.

Acting U.S. Attorney General Matthew G. Whitaker, Secretary Kirstjen Nielsen of the U.S. Department of Homeland Security, Secretary Wilbur Ross of the U.S. Department of Commerce, U.S. Attorney Richard P. Donoghue for the Eastern District of New York, FBI Director  Christopher A. Wray, Assistant Attorney General Brian A. Benczkowski of the Justice Department's Criminal Division and Assistant Attorney General John C. Demers of the National Security Division, announced the charges.

“Today we are announcing that we are bringing criminal charges against telecommunications giant Huawei and its associates for nearly two dozen alleged crimes," said Acting Attorney General Whitaker.  "As I told Chinese officials in August, China must hold its citizens and Chinese companies accountable for complying with the law.  I’d like to thank the many dedicated criminal investigators from several different federal agencies who contributed to this investigation and the Department of Justice attorneys who are moving the prosecution efforts forward.  They are helping us uphold the rule of law with integrity.”

“As charged in the indictment, Huawei and its Chief Financial Officer broke U.S. law and have engaged in a fraudulent financial scheme that is detrimental to the security of the United States,” said Secretary Nielsen.  “They willfully conducted millions of dollars in transactions that were in direct violation of the Iranian Transactions and Sanctions Regulations, and such behavior will not be tolerated.  The Department of Homeland Security is focused on preventing nefarious actors from accessing or manipulating our financial system, and we will ensure that legitimate economic activity is not exploited by our adversaries.  I would like to thank ICE Homeland Security Investigations for their exceptional work on this case.”

“For years, Chinese firms have broken our export laws and undermined sanctions, often using U.S. financial systems to facilitate their illegal activities,” said Secretary Ross. “This will end.  The Trump Administration continues to be tougher on those who violate our export control laws than any administration in history.  I commend the Commerce Department’s Office of Export Enforcement, and our partners in the FBI, Justice Department, Department of Defense, and Department of Homeland Security for their excellent work on this case.”

“As charged in the indictment, Huawei and its subsidiaries, with the direct and personal involvement of their executives, engaged in serious fraudulent conduct, including conspiracy, bank fraud, wire fraud, sanctions violations, money laundering and the orchestrated obstruction of justice,” stated U.S. Attorney Donoghue. 

“For over a decade, Huawei employed a strategy of lies and deceit to conduct and grow its business.  This Office will continue to hold accountable companies and their executives, whether here or abroad, that commit fraud against U.S. financial institutions and their international counterparts and violate U.S. laws designed to maintain our national security.”  Mr. Donoghue thanked the FBI, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI), U.S. Department of Commerce Office of Export Enforcement (OEE) and the Defense Criminal Investigative Service (DCIS) agents who are investigating this case for their tireless work and dedication.

“These charges lay bare Huawei’s alleged blatant disregard for the laws of our country and standard global business practices,” said FBI Director Wray.  “Companies like Huawei pose a dual threat to both our economic and national security, and the magnitude of these charges make clear just how seriously the FBI takes this threat.  Today should serve as a warning that we will not tolerate businesses that violate our laws, obstruct justice, or jeopardize national and economic well-being.”

Overview of Indictment


Atlanta is a "No Drone Zone" During Super Bowl LIIIs - Federal Aviation Adminstration

The airspace around Mercedes-Benz Stadium in Atlanta is a “No Drone Zone” for Super Bowl LIII, on Feb. 3, 2019, and during three days leading up to the event.

The Federal Aviation Administration (FAA) will establish a Temporary Flight Restriction (TFR) on game day that will prohibit drones within a 30-nautical-mile radius of the stadium up to 17,999 feet in altitude. The TFR will be in place from 5:30 p.m. to 11:59 p.m. Eastern Time. Some general aviation operations may be allowed within the TFR provided they meet specific security and operational requirements.

The FAA also will restrict drone flights for one nautical mile around the stadium up to an altitude of 1,000 feet on January 31, February 1 and 2 from 10 a.m. to 11:59 p.m. Eastern Time, and on February 3 from 10 a.m. to 5:30 p.m., at which time the TFR for the game takes effect.  Further details are available in the drone TFRs. Please see NOTAM numbers 9/5085 and 9/5087-5089.

Pilots and drone operators who enter the TFRs without permission could face civil penalties that exceed $20,000 and potential criminal prosecution for flying drones in the TFR.

Detailed information for general aviation and drone pilots is available at FAA's Super Bowl LIII webpage.

Drone pilots should check the FAA’s B4UFly app to determine when and where they may fly. To highlight the “No Drone Zone,” the FAA produced a 20-second video encouraging Super Bowl fans to bring their lucky jerseys, face paint and team spirit to the game – but leave their drones at home – because the stadium and the area around it is a No Drone Zone.
 
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