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The Stile Newsletter - Issue #875

From: S.J. Stile Associates LTD.

Sent: Friday, January 31, 2025 12:21 PM

Subject: The Stile Newsletter - Issue #875 - 01/03/2025

 

 

 

The Stile Newsletter - Issue #875 - 01/03/2025

 

  • Examining the Panama Canal and Its Impact on U.S. Trade and National Security
  • Federal Register Notices
  • FDA:  Import Alerts
  • Two Counterfeit Shipments worth over $5M stopped by Indianapolis CBP
  • USITC Institutes Section 337 Investigation of Certain Electrolyte Containing Beverages and Labeling and Packaging Thereof (II)
  • USITC Makes Determination in Five-Year (Sunset) Reviews Concerning Sodium Nitrite from China and Germany 
  • USITC Votes to Continue Investigations on Erythritol from China
  • Dealing with Spam Texts, Emails, and Junk Mail

 

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Examining the Panama Canal and Its Impact on U.S. Trade and National Security - Federal Maritime Commission

Federal Maritime Commission Chairman Louis E. Sola and Commissioner Daniel B. Maffei testified at a hearing today by the U.S. Senate Committee on Commerce, Science, and Transportation that explored the operation, control, and cost to use the Panama Canal.

Prepared statements submitted for the record by Chairman Sola and Commissioner Maffei are available on their webpages.

A video recording of the hearing, “Fees and Foreign Influence: Examining the Panama Canal and Its Impact on U.S. Trade and National Security” is available on the website of the Committee on Commerce, Science, and Transportation.
 




Federal Register Notices:




FDA:  Import Alerts - Food & Drug Administration

Food and Drug Administration import alerts (DWPE = Detention Without Physical Examination) have been newly issued or modified in the past week




Two Counterfeit Shipments worth over $5M stopped by Indianapolis CBP - U.S. Customs & Border Protection

INDIANAPOLIS — With Valentine’s Day approaching, U.S. Customs and Border Protection (CBP) warns consumers to make sure they’re getting their loved ones the real deal instead of knock-off goods.

On two days, last week, CBP officers in Indianapolis seized two shipments containing 2,172 pieces of rings, brooches, bracelets, charms, necklaces and earrings bearing luxury designer’s protected trademarks. The items were deemed to be counterfeit by CBP’s Centers of Excellence and Expertise, the agency’s trade experts.

Both shipments were from China and arrived on January 21 and 23. When CBP officers examined the shipments to determine the admissibility of the goods, they found, in total, 1,439 charms with Tiffany and Co. logos, 496 rings bearing Cartier and Van Cleef and Arpels logos, 124 bracelets displaying the logos of Cartier, Chanel, and Juste Un, 64 necklaces with Chanel and Van Cleef and Arpels logos, 31 pendants bearing Van Cleef and Arpels logos, 12 pairs of earrings with Van Cleef and Arpels and Chanel logos, and six Brooches with Chanel logos. The items were seized for infringing on the designer’s protected trademarks. Had the items been genuine the combined Manufacturer’s Suggested Retail Price for these products would have been $5.2 million.

“This is just another example of the work our officers do to protect consumers and the U.S. economy. As consumers increasingly purchase merchandise from online or third-party vendors, our officers are at the frontline guarding against violative individuals and entities expecting to make money by selling fake merchandise,” said LaFonda D. Sutton-Burke, Director, Field Operations-Chicago Field Office.

CBP recommends consumers recognize the red flags to look for when shopping for loved ones on Valentine’s Day this year by:

  • Purchasing goods directly from the trademark holder, original manufacturer, or from authorized retailers.
  • Educating yourself on prices of legitimate goods.  If the item is priced well below fair market value, the likelihood is higher that the merchandise being considered for purchase is counterfeit.  If a price seems too good to be true, then it probably is.
  • Staying away from web sites that do not offer customer service contact information, return policies, and legitimate phone numbers.
  • Reviewing CBP’s E-Commerce Counterfeit Awareness Guide for Consumers for more detailed information.

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.

CBP provides basic import information about admissibility requirements and the clearance process for e-commerce goods and encourages buyers to confirm that their purchases and the importation of those purchases comply with state and federal import regulations.

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.

Every year, CBP seizes millions of counterfeit goods from countries around the world as part of its mission to protect U.S. businesses and consumers. These goods include fake versions of popular products, such as smartphones and related accessories, electronics, apparel, shoes, cosmetics, and high-end luxury goods, as well as goods posing significant health and safety concerns, such as counterfeit pharmaceuticals, bicycle and motorcycle helmets, medical devices, supplements and other consumables. Sold online and in stores, counterfeit goods hurt the U.S. economy, cost Americans their jobs, threaten consumer health and safety, and fund criminal activity. Visit the National IPR Coordination Center for more information about IPR including counterfeiting and piracy.
 




USITC Institutes Section 337 Investigation of Certain Electrolyte Containing Beverages and Labeling and Packaging Thereof (II) - U.S. International Trade Commission

The U.S. International Trade Commission (Commission or USITC) voted to institute an investigation of certain electrolyte containing beverages and labeling and packaging thereof. The products at issue in the investigation are described in the Commission’s notice of investigation.

The investigation is based on a complaint filed by Sueros y Bebidas Rehidratantes S.A. de C.V. of Guadalajara, Mexico; CAB Enterprises, Inc, of Houston, Tex.; Brazos River Ventures LLC of Albany, N.Y.; and Electrolit Manufacturing USA Inc. of Albany, N.Y. on December 27, 2024, and supplemented on January 15, 2025. The complaint, as supplemented, alleges violations of section 337 the Tariff Act of 1930 in the importation into the United States and sale of certain electrolyte containing beverages and labeling and packaging thereof that infringe trademarks asserted by the complainants. The complainants request that the USITC issue a general exclusion order, or in the alternative a limited exclusion order, and cease and desist orders. 

The USITC has identified the following respondents in this investigation:

  • Empacadora Torres Mora, S. de R.L. de C.V., Monterrey, Mexico
  • Version Expotaciones, S.R.L. de C.V., Tijuana, Mexico
  • Mabed Distribuciones, S.A. de C.V., Matamoros, Mexico,
  • Salfe International Trade, S. de R.L. de C.V., Garza Garcia, Mexico
  • Exportadora de Abarrotes del Pacifico, S.A. de C.V., Torreon, Mexico
  • Centro de Distribucion de Carbon Allende, S.A. de C.V., Allende, Mexico
  • Wenceslao Colunga Ruiz, Camargo, Mexico
  • Distribuidora de Productos Heres, S.A. de C.V., Allende, Mexico

By instituting this investigation (337-TA-1435), 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.
 




USITC Makes Determination in Five-Year (Sunset) Reviews Concerning Sodium Nitrite from China and Germany - U.S. International Trade Commission

The U.S. International Trade Commission (Commission or USITC) today determined that revoking the existing antidumping and countervailing duty orders on sodium nitrite from China and the antidumping duty order on sodium nitrite from Germany 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 these products from China and Germany will remain in place. 

Chair Amy A. Karpel and Commissioners David S. Johanson and Jason E. Kearns voted in the affirmative. Commissioner Rhonda K. Schmidtlein did not participate in the vote.

Today’s action comes under the five-year (sunset) review process required by the Uruguay Round Agreements Act. See the below for background on these five-year (sunset) reviews.

The Commission’s public report on Sodium Nitrite from China and Germany (Inv. Nos. 701-TA-453 and 731-TA-1136-1137 (Third Review), USITC Publication 5582, January 2025) will contain the views of the Commission and information developed during the reviews.

The report will be available by February 28, 2025; when available, it may be accessed on the USITC website at https://www.usitc.gov/commission_publications_library

BACKGROUND

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 reviews, and information provided by the Department of Commerce.

The five-year (sunset) reviews concerning Sodium Nitrite from China and Germany were instituted on July 1, 2024.

On October 4, 2024, the Commission determined to conduct expedited five-year reviews. Chair Amy A. Karpel and Commissioners Rhonda K. Schmidtlein and Jason E. Kearns concluded that the domestic interested party group response was adequate, and the respondent interested party group response was inadequate and voted for expedited reviews. Commissioner David S. Johanson concluded that the domestic interested party group response was adequate, and the respondent interested party group response was inadequate and voted for full reviews. 

A record of the Commission’s vote to conduct expedited reviews is available on the investigations page for Sodium Nitrite from China and Germany; Inv. No.701-TA-453 and 731-TA-1136-1137 (Third Review).
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USITC Votes to Continue Investigations on Erythritol from China - U.S. International Trade Commission

The U.S. International Trade Commission (Commission or USITC) today determined that there is a reasonable indication that a U.S. industry is materially injured by reason of imports of erythritol from China that are allegedly sold in the United States at less than fair value and subsidized by the government of China.

Chair Amy A. Karpel and Commissioners David S. Johanson and Jason E. Kearns voted in the affirmative. Commissioner Rhonda K. Schmidtlein did not participate in the vote.

As a result of the Commission’s affirmative determinations, the U.S. Department of Commerce will continue its investigations of imports of erythritol from China, with its preliminary antidumping duty determination for China due on or about May 22, 2025, and its preliminary countervailing duty determination for China on March 10, 2025.

The Commission’s public report, Erythritol from China (Inv. Nos. 701-TA-751 and 731-TA-1729 (Preliminary), USITC Publication 5583, February 2025), will contain the views of the Commission and information developed during the investigations.

The report will be available by March 3, 2025; when available, it may be accessed on the USITC website at:  https://www.usitc.gov/commission_publications_library
 




Dealing with Spam Texts, Emails, and Junk Mail - Federal Trade Commission

If it’s not scammers spamming your phone with texts or filling up your inbox with emails, it’s your mailbox crammed with ads and other mail you didn’t ask for. The junk messages and mail might seem endless, but there are some ways to help scale it back.

Scammers send phishing texts and emails that look legit to trick you into giving them personal or financial information. Legit companies might send mail that you just don’t want — things like magazines, catalogs, or prescreened offers of credit and insurance. While these aren’t necessarily scams, they can pile up quickly.

To help you cut down on spam texts and emails:

  • Use filters. Check if your mobile phone has options to filter and block texts from unknown senders. Some call blocking apps can also help block unwanted messages. Many popular email providers (like Gmail or Yahoo Mail) have strong spam filters turned on by default. But if any spam gets into your inbox, mark it as spam or junk.
     
  • Unsubscribe from unwanted emails. Getting fewer unwanted emails helps you avoid clicking on links that can lead to phishing attacks.
     
  • Report unwanted messages. Unwanted messages often lead to scams. Report them. Use your phone’s “report junk” option or forward unwanted texts to 7726 (SPAM) and unwanted emails to your email provider.

To help you cut down on junk mail:

  • Register with DMAchoice.org to decide what types of mail you do and don’t want from marketers.
     
  • Opt out of getting prescreened credit and insurance offers in the mail. You can choose to opt out for five years or permanently.

Learn more about how to get fewer spam texts, emails, and junk mail. If you spot a scam, report it to the FTC at ReportFraud.ftc.gov.

 

 

 

 

 

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