Thursday, April 15, 2021

CBP Seizes Counterfeit N95 Masks

On April 7, 2021, U.S. Customs and Border Protection officers working at the Houston Seaport intercepted a shipment of counterfeit N95 masks that with an estimated Manufacturer’s Suggested Retail Price of almost $350,000.

The shipment of counterfeit masks originated in China and were destined to White Plains, N.Y.

Read more HERE.

Wednesday, April 14, 2021

Marine Physical Training Uniform Contracts Awarded

American Fashion Fitness, East Syracuse, New York (M67854-21-D-1879); Fabrox, doing business as Fit USA, Ormond Beach, Florida (M67854-21-D-1880); SND Manufacturing, Dallas, Texas (M67854-21-D-1881); and String King, Gardena, California (M67854-21-D-1882), are each awarded a firm-fixed price, indefinite-delivery/indefinite quantity, multiple award contract for the purchase of up to a combined maximum quantity of 1,800,800 physical training uniforms. The maximum dollar value for all four contracts combined is $146,240,522. American Fashion Fitness is awarded $46,805,200. Fit USA is awarded $40,882,542. SND Manufacturing is awarded $35,330,200. String King is awarded $23,222,580. Work will be performed in East Syracuse, New York; Ormond Beach, Florida; Dallas, Texas; and Gardena, California. The work is expected to be completed by April 2026. Fiscal 2020 research, development, test, and evaluation (Marine Corps) funds in the amount of $25,646 will be obligated on the first delivery orders immediately following contract awards. The requirement was competitively procured through full and open competition after exclusion of sources per Federal Acquisition Regulation 6.203 and solicited through the beta.sam.gov website with 17 offers received in response to solicitation number M67854-21-R-1804. The Marine Corps Systems Command, Quantico, Virginia, is the contracting activity.

Target Recalls Cat & Jack Baby Rompers Due to Choking Hazard

This recall involves Cat & Jack Baby Heart Ears Rompers.  The rompers were sold in sizes newborn to 24M.  They have gray knit fabric with red trim on the wrists, ankles and pockets, red hearts on the knees and the hood, red and white-striped lining inside the hood and snaps on the legs.  The product item number is printed on the white tag inside of the romper.  Rompers with the following product item numbers are included in the recall:

Product Numbers

Description

206-09-6476

Cat & Jack Baby Heart Ears Romper - Newborn

206-09-6477

Cat & Jack Baby Heart Ears Romper - 0-3 Months

206-09-6478

Cat & Jack Baby Heart Ears Romper - 3-6 Months

206-09-6479

Cat & Jack Baby Heart Ears Romper - 6-9 Months

206-09-6480

Cat & Jack Baby Heart Ears Romper - 12 Months

206-09-6481

Cat & Jack Baby Heart Ears Romper - 18 Months

206-09-6482

Cat & Jack Baby Heart Ears Romper - 24 Months

 

 
Remedy:

Consumers should immediately take the recalled rompers away from children and return them to any Target Store for a full refund.  Consumers who purchased the romper on Target.com can contact Target to receive a prepaid return label to return the romper.

Incidents/Injuries:

The firm has received 40 reports of the hearts peeling or detaching, including one report of a child choking

Sold At:

Target stores nationwide and online at Target.com from November 2020 through February 2021 for about $13.

Importer(s):

Target Corp., of Minneapolis, Minn.

Manufactured In:
Vietnam
Recall number:
21-111

More information and photos HERE

Monday, April 19, is Patriots' Day in Massachusetts and Maine

Monday, April 19, 2021, is Patriots' (plural possessive) Day in Massachusetts and Patriot's (singular possessive) Day in Maine.

"Listen, my children and you shall hear
Of the midnight ride of Paul Revere,
On the eighteenth of April, in Seventy-five."

New England's original "On the Road" man looms large in these parts -- life-sized, in fact, in bronze, in Boston's North End. There, as well, you'll find his house preserved, just as his ride is preserved in the Longfellow poem.

"You know the rest. In the books you have read,
How the British Regulars fired and fled --"

The battles that morning of April 19 in the Massachusetts towns of Concord, Lexington, and Menotomy (now Arlington) officially mark the beginning of the American War of Independence. The war formally concluded September 3, 1783, with the Treaty of Paris, although it was effectively over a few months earlier. In Massachusetts and Maine (part of Massachusetts until 1820, when, under the "Missouri Compromise" Maine, a free State was admitted to the Union, paired with Missouri, a slave State) we celebrate the beginning of our independence as Patriots'/Patriot's Day, and, in normal years, like Revere, we take to the road in a renowned twenty-six miles of road from Hopkinton to Boston.

The Boston Marathon has been run since 1897. The first modern marathon was run at the 1896 Olympics in Athens, Greece. The inspiration for the race was the (questionable) tale of Pheidippides, who after the Greeks, in late summer 490 B.C., won the Battle of Marathon, ran the 26 miles to Athens, said a single word "Victory," and dropped dead. At Marathon Greece, freedom, democracy, and Western civilization faced and defeated the forces of Oriental absolutism. It is a battle that has been fought many times. It will be fought many more times. Freedom must always be prepared to fight just to be free.

Tuesday, April 13, 2021

Your IP Matters! How to Protect Your Ingenuity and Creativity from Infringing Imports

In recognition of this year’s World Intellectual Property Day theme, “IP & SMEs: Taking your ideas to market,” U.S. Customs and Border Protection (CBP), Office of Trade, is pleased to announce the following complimentary webinar: Your IP Matters! How to Protect Your Ingenuity and Creativityfrom Infringing ImportsApril 26th, 2021, 1:00 – 2:30 p.m. (Eastern time).

For more information or to register CLICK HERE.

USITC Accepting Comments on Caribbean Basin Economic Recovery Act

On April 13, 2021, the U.S. International Trade Commission published in the Federal Register (86 FR 19283) Caribbean Basin Economic Recovery Act: Impact on U.S. Industries and Consumers and on Beneficiary Countries.

Section 215(a)(1) of the Caribbean Basin Economic Recovery Act (CBERA) (19 U.S.C. 2704(a)(1)) requires that the Commission submit biennial reports to the Congress and the President regarding the economic impact of the Act on U.S. industries and consumers, and on the economy of the beneficiary countries. Section 215(b)(1) requires that the reports include, but not be limited to, an assessment regarding:

(A) The actual effect, during the period covered by the report, of [CBERA] on the United States economy generally, as well as on those specific domestic industries which produce articles that are like, or directly competitive with, articles being imported into the United States from beneficiary countries; and

B) the probable future effect which this Act will have on the United States economy generally, as well as on such domestic industries, before the provisions of this Act terminate.

The report will cover trade with the 17 beneficiary countries: Antigua and Barbuda, Aruba, The Bahamas, Barbados, Belize, British Virgin Islands, Curac ̧ao, Dominica, Grenada, Guyana, Haiti, Jamaica, Montserrat, St. Kitts and Nevis, St. Lucia, St. Vincent and the Grenadines, and Trinidad and Tobago.

Sunday, April 11, 2021

Biden Administration Legal Team Outlines Defense in China Section 301 Case

On September 11, 2020, a lawsuit was filed challenging the legality of the Section 301 tariffs on China. It specifically challenges List 3 and List 4. Over 3,000 additional plantiffs have filed copy cat cases.

On March 12, 2021, the government filed its outline of ANTICIPATED DEFENSES

1. USTR was acting at the direction of the President in promulgating List 3 and List 4, and the President is not subject to the Administrative Procedures Act (APA).

2. Review of the President’s discretionary decisions, and USTR’s implementation of those decisions, present a non-justiciable, political question.

3. Even if the challenged actions could be considered actions of USTR, substantial deference is afforded, and the Court should not interpose because there was no clear misconstruction of a governing statute, significant procedural violation, or action outside delegated authority.

4. USTR (acting at the direction of the President) possessed the authority under Section 307 of the Trade Act to promulgate List 3 and List 4, because the burden or restriction on United States commerce of China’s acts, policies, and practices that were the subject of the Section 301 action continued to increase, including following the one-year investigation period, and because the previous actions taken in response to the Section 301 investigation proved to no longer be appropriate, as the actions were not effective in eliminating the unfair trade practices that were the subject of that investigation. In addition, Section 307 does not limit modifications to merely delaying, tapering, or terminating an action.

5. Alternatively, if the challenged actions constitute agency action, they are exempt from the APA’s informal rulemaking requirements, because they qualify for the foreign affairs function exception.

6. Even if the APA’s informal rulemaking requirements apply, USTR’s actions in promulgating List 3 and List 4 complied with all statutory requirements, and they were not arbitrary and capricious, contrary to law, or in excess of statutory authority.

More information is available at https://news.bloomberglaw.com/international-trade/biden-white-house-defends-trump-china-tariffs-in-legal-showdown.