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Greetings!
This month's import/export news highlights include: BIS Update 2009 and CBP Trade Symposium Dates Announced; GAO Reports on Export Controls and Textile Transshipments; Export Enforcement Actions; Proposed Rule Amendments (Nuclear Materials); CVD/AD Investigations Initiated; CBP Proposed Tariff Classification Changes for Photosenitive Sensors; and PRC Actions with respect to Content-Filtering Software and Customs Enforcement of IP Measures. As always, we would appreciate any comments or suggestions you may have to improve this newsletter either by email to info@globaltradeexpertise or via our feedback survey link in our left column.Thank you for reading! Jennifer Kessinger & Tammie Goldstein Krauskopf globaltradeexpertise
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BIS Posts Interest Form for BIS Update 2009 Conference Interest Form Must be Completed by July 17, 2009
On June 29, 2009, the Bureau of Industry and Security (BIS) posted details on its Update 2009 Conference to be held from September 30 - October 2, 2009 in Washington, D.C.
Interested parties must follow a two-step process to attend this year's conference. First, you must submit the online "Interest Form" between June 25 and July 17, 2009. If there are more potential participants than there is space available, BIS will grant registration through a random selection from the entire list of respondents, regardless of when received during the period. Those selected will be notified and given registration instructions in late July. They must register and submit payment by a designated date indicated in the instructions or their spot will be forfeited and given to someone on the wait list.
Those not selected will be notified that they have been placed on a wait list. More detailed program information will be posted in the coming weeks.
Registration transfers within companies or organizations may be permitted with prior approval from BIS. Registration transfers will not be permitted between different organizations or companies. Registrations may not be resold.
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Illinois Company Has Export Privileges Suspended Export Privileges Suspended for over 2 years
On June 18, 2009, the Bureau of Industry and Security (BIS) issued a notice in Federal Register detailing the sentencing of TAK Components, Inc. (TAK), an Illinois firm that was convicted of 16 counts of the International Emergency Economic Powers Act (IEEPA) violations in October, 2007.
TAK exported from the U.S. to Iran, via the United Arab Emirates, replacement and service parts and equipment for agricultural machinery without the requisite authorization from the Department of Treasury's Office of Foreign Assets Control (OFAC).
TAK was sentenced to one year probation for each count, to run concurrently, was ordered to pay a special assessment of $6,400, and forfeited $181,000 obtained from the illegal transactions. TAK's export privileges will be suspended until October 11, 2012.
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Exporter Sentenced for Export of Aircraft Parts to Iran 35 Months Imprisonment with 3 Years of Supervised Release
On June 11, 2009, the U.S. Department of Justice (DOJ) issued a press release announcing the sentencing of Traian Bujduveanu (Bujduveanu) for his participation in conspiracy to illegally export military and dual use aircraft parts to Iran.
Bujduveanu was sentenced in a U.S. Southern District of Florida Court to 35 months imprisonment, followed by 3 years of supervised release. Bujduveanu plead guilty in April, 2009 to conspiracy to export and export of aircraft parts from the U.S. to Iran, in violation of the Iran Embargo, the International Emergency Economic Powers Act (IEEPA), and the Arms Export Control Act (AECA).
Bujduveanu, a Romanian national and a naturalized U.S. citizen, admitted that he and his Orion Aviation corporation in Plantation, FL, sold aircraft parts to Hassan Keshari and Kesh Air International, who used a freight forwarder in Dubai, UAE, to forward the parts to Iran. Some of the parts exported were designed exclusively for fighter jets and military helicopters, and all are used in the Iranian military fleet.
All parts exported were designated by the U.S. Department of State as defense articles on the U.S. Munitions List, thus requiring export authorization from the Directorate of Defense Trade Controls with the Department of State. Neither Bujduveanu nor his co-defendants had such authorization.
Bujduveanu received from Keshari e-mails detailing specific aircraft part orders for buyers in Iran, and would ship the parts to a company in Dubai using false shipping documents. The parts would then be forwarded to the purchasers in Iran.
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GAO Issues Reports Critical of U.S. Export Controls Reports Recommend a Fundamental Reexamination of U.S. Export Controls & Details Covert Actions by GAO to Test the System
On June 4, 2009, the Government Accounting Office (GAO) issued two reports following Testimony before the Subcommittee on Oversight and Investigations, Committee on Energy and Commerce of the U.S. House of Representatives.
In a report entitled, "Export Controls: Fundamental Reexamination of System Is Needed to Help Protect Critical Technologies," Anne-Marie Lasowski, the Director Acquisition and Sourcing Management, explained the work GAO has conducted on export controls in past years and stated that over the years, the GAO has identified interagency coordination challenges, inefficiencies in the export control system, and a lack of systematic assessments conducted by State and Commerce Departments. In conclusion, the GAO calls for the executive and legislative branches to conduct a fundamental reexamination of the current export control programs and processes.
In a report entitled, "Military and Dual-Use Technology: Covert Testing Shows Continuing Vulnerabilities of Domestic Sales for Illegal Export," Gregory D. Kutz, the GAO's Managing Director Forensic Audits and Special Investigations, testified regarding undercover tests conducted by the GAO to attempt to (1) purchase sensitive dual-use and military items from manufacturers and distributors in the United States and illegally export such items from the U.S. In its covert testing, the GAO purchased items such as gyro chips, night vision monoculars, accelerometers, electrical components used in IEDs, and secure military-grade radios used by U.S. Special Operations personnel. The covert testing was conducted between May 2008 and June 2009 and in at least two instances, the GAO was able to illegally export two items without detection.
In this report, the GAO concluded:
A comprehensive network of controls and enforcement is necessary to ensure sensitive technology does not make it into the hands of unauthorized individuals. However, the lack of legal restrictions over domestic sales of these items, combined with the difficulties associated with inspecting packages and individuals leaving the United States, results in a weak control environment that does not effectively prevent terrorists and agents of foreign governments from obtaining these sensitive items. The key to preventing the illegal export of these sensitive items used in nuclear, IED, and military applications is to stop the attempts to obtain the items at the source, because once sensitive items make it into the hands of terrorists or foreign government agents, the shipment and transport out of the United States is unlikely to be detected.
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CBP Announces Dates for Trade Symposium 2009
On June 29, 2009, U.S. Customs and Border Protection (CBP) announced the dates for the CBP Trade Symposium 2009, which will be held from December 8 - 10, 2009 at the Walter E. Washington Convention Center in Washington, D.C.
CBP will provide further information regarding registration procedures and symposium details in early fall.
A block of rooms for Trade Symposium attendees at the Grand Hyatt at the price of $214 per night including internet has been reserved. Details will be posted on CBP.gov when this room block is open for reservations.
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GAO Testifies to Congress on CBP Efforts to Address Textile Transshipment Recommending Improvements with regard to In-Bond Shipments and Focus on Revenue Collection
On June 18, 2009, the Government Accounting Office (GAO) issued a report of its testimony before the Subcommittee on Rural Development, Entrepreneurship, and Trade, Committee on Small Business of the U.S. House of Representatives entitled, "International Trade - Observations on U.S. Government Efforts to Address Textile Transshipment."
In the report, the GAO summarized its key findings from prior reports on (1) U.S. government efforts to enforce laws related to imports of textiles and other goods, including transshipment, and (2) the revenue implications of these efforts, as well as discuss the recommendations GAO has made to improve those efforts. In its prior reports on the matter, the GAO identified three key challenges confronting CBP relating to: (1) the timeliness of finalizing reports and follow up by CBP's Textile Production Verification Team; (2) improvements needed to support information from overseas Customs Attache offices and enforcement personnel; and (3) improvements needed to the in-bond program that allows importers to circumvent trade rules, including those applying to textile imports. The GAO found that CBP responded and made improvements to the first two challenges, but:
Despite prior audit recommendations, important management weaknesses persisted in CBP's tracking of in-bond cargo, with the result that CBP still does not know whether in-bond cargo shipments of greatest security or revenue interest are in fact entered into U.S. commerce or exported as required. In particular, CBP continued to have high numbers of open in-bond transactions with uncertain disposition. In addition to needed improvements on specific programs, we also found that CBP had to find a way to better balance security and important trade functions such as revenue collection. Although CBP's priority mission relates to homeland security, it collected more than $34 billion in fiscal year 2008, making it the second largest revenue generator for the federal government. Because of the high concentration of duties collected on textiles and apparel--four percent of U.S. imports generate approximately 40 percent of U.S. duties collected--any efforts to focus on revenue functions would likely generate improved oversight of textile and apparel imports.
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CV/AD Investigation Initiated on Chinese Prestressed Concrete Steel Wire Strand and Steel Grading
On June 3, 2009, the U.S. International Trade Commission (Commission) issued a notice in the Federal Register announcing its decision to initiate a countervailing and antidumping duty (CV/AD) investigation of prestressed concrete steel wire strand under 7312.10.30 of the Harmonized Tariff Schedule of the United States (HTSUS).
The investigations are in response to a petition filed by American Spring Wire Corp of Bedford Heights, OH; Insteel Wire Products Co. of Mt. Airy, NC; and Sumiden Wire Products Corp. of Dickson, TN. The Commission must reach its decision in this CD/AD investigation by July 13, 2009.
Also, on June 19, 2009, the Commissioin announced a CV/AD investigation of imports of certain steel grating products from China classified under HTSUS 7308.90.7000.
The products covered by this investigation include certain steel grading, consisting of two or more pieces of steel, including load-bearing pieces and cross pieces, joined by any assembly process. From 2006 to 2008, imports of steel grating products from China increased by 538.44% to an estimated $90.7 million in 2008.
In this instance, the Commission is scheduled to make its preliminary injury determination on or about July 13, 2009. The fact sheet detailing the alleged violation can be found here.
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CBP Proposes Revocation of Tariff Classification of Photosensitive Sensors Comments must be received by CBP on or before July 26, 2009
On June 2, 2009, the U.S. Customs and Border Protection (CBP) published a notice of proposed revocation of two ruling letters and treatment relating to the tariff classification of photosensitive sensors.
In New York Ruling Letters ("NYRL") K86469 (dated June 21, 2004) and I87325 (dated October 25, 2002), CBP classified certain photosensitive sensors in heading 8541, HTSUS, specifically subheading 8541.40.80, HTSUS, as: "[p]hotosensitive semiconductor devices: Other: Optical coupled isolators," duty-free. It is now CBP's position that the photosensitive sensors are classified in heading 8543, HTSUS, specifically under subheading 8543.70.96, HTSUS, which provides for ''[e]lectrical machines and apparatus, having individual functions, not specified or included elsewhere in this chapter; parts thereof: Other machines and apparatus: Other: Other: Other. . .," dutiable at 2.6% ad valorem.
Pursuant to 19 U.S.C. §1625(c)(1), CBP intends to revoke NY K86469, and NY I87325, and revoke or modify any other ruling not specifically identified in order to reflect the proper classification of the merchandise pursuant to the analysis set forth in proposed Headquarters Ruling (HQ) HQ H044701. Additionally, pursuant to 19 U.S.C. §1625(c)(2), CBP intends to revoke any treatment previously accorded by CBP to substantially identical transactions.
Before taking this action, CBP will give consideration to any written comments timely received.
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PRC Revises Customs Enforcement of Intellectual Property Measures Revised Measures Go Into Effect on July 1, 2009
In March 2009, the PRC revised its Implementing Measures for Customs Protection of Intellectual Property, which enable intellectual property (IP) owners to settle disputes with consignors and consignees after the seizure but before the penalty decision in a case is issued. Because the resolution of IP infringement cases by Chinese customs can take months and even years and infringers are rarely willing to disclose the source of the goods, it is expected that the new settlement provisions will provide a helpful tool to IP rights holders to obtain information on the true identity of the sellers and buyers of the goods.
The new rules allow IP holders to withdraw an IP rights enforcement complaint only when the owners submit to customs a copy of the settlement agreement and an application for the withdrawal of the complaint. Upon receipt of the settlement agreement, Chinese Customs will be able to terminate its investigation except in cases where a criminal offense is suspected.
The new regulations adopt China's General Administration of Customs (GAC) and the Ministry of Public Security (MPS) rules that require transfer of suspected criminal cases to Chinese police (PSB). As stated by both China's Supreme People's Court and Supreme People's Procuratorate, counterfeiting may be deemed a criminal offense where the case value in question exceeds RMB50,000, or about $7,300.
The updated regulations impose a 10-day deadline for the GAC to issue a decision on whether an application of customs recordal will be renewed, and permits the GAC to cancel recordals in cases whether an IP rights holder has failed to update its recordal in a timely fashion.
Under the new notificaton provisions, Chinese Customs are no longer required to first notify the IP owner upon detecting a shipment suspected to infringe IP rights, and instead will have discretion to approach the consignor or consignee of the goods for proof that IP was used with the owner's permission.
The new regulations also require Chinese Customs to obtain the IP rights holder's permission prior to auctioning off the infringing goods.
Finally, the new regulations adopt the GAC's May 2006 provisions that permit the trademark owners experiencing high levels of infringement to provide to customs a renewable guarantee, calculated as the total costs of warehousing and handling fees paid for customs in the prior year, set at a minimum of RMB200,000, instead of paying a customs bonds in every case.
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China Indefinitely Postpones A Gov't Mandate Requiring Content-Filtering Software Mandate Would Apply to All Computers Produced and Sold in China
On May 15, 2009, the U.S. Department of Justice announced that Paul Kotsakos of Biloxi, Mississippi, was sentenced to nine months in prison and ordered to pay restitution in the amount of $10,403 and $3,000 fines for customs fraud.
In January, Kotsakos pleaded guilty to a 16-count indictment, charging him with conspiracy to commit customs violations and wire fraud. Kotsakos operated an import company PK Promotions, Inc., in Biloxi. The company provided promotional items to casinos, restaurants, sports teams, and wholesalers, and imported items, including bags, beads, cups, and shirts from China.
According to the indictment, Kotsakos submitted fraudulent invoices to U.S. Customs and arranged to give parts false HTS classifications. In furtherance of the conspiracy, Kotsakos e-mailed the foreign manufacturers to request that they prepare fraudulent invoices reflecting a lower price for goods sold or different classification of the goods. By requesting falsified invoices and wrong classifications for the imports, Kotsakos sought to avoid paying the full amount of duty on imported goods.
After his release, Kotsakos will have to serve three years of supervised release.
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Nuclear Regulatory Commission Proposes to Amend Trade in Nuclear Material Trade Regulations Comments due by September 8, 2009
On June 23, 2009, the U.S. Nuclear Regulatory Commission (NRC) issued a proposed rule in the Federal Register to amend its regulations that govern the import and export of nuclear equipment and materials.
Among other changes, the new rule would allow Category 1 and 2 quantities of materials listed in the Commission's regulations to be imported under a general license, and would also revise the definition of "radioactive waste."
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Mattel Agrees to Pay $2.3M Fine for Allegedly Excessive Amounts of Lead in Toys
On June 12, 2009, the U.S. Consumer Product Safety Commission (CPSC) issued a notice in Federal Register announcing that Mattel, Inc. (Mattel) and its wholly-owned subsidiary Fisher-Price, Inc. (Fisher-Price) have agreed to settle with CPSC the alleged violations of the Commission's Ban of Lead-Containing Paint and Certain Consumer Products Bearing Lead Containing Paint (Lead Regulations).
CPSC alleged that Mattel and Fisher-Price imported from China to the U.S. thousands of units of various toys between July 2006 and August 2007. The subject toys were subject to CPSC's Lead Regulations, and, upon testing, were found to contain lead in excess of federal standards.
As part of the settlement agreement, Mattel and Fisher-Price have agreed to pay a $2.3 million fine.
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Who's Hiring? A Summary of Current Trade Job Opportunities
As a service to the international trade community, Global Trade Expertise compiles links to trade job opportunities from many different sources. New trade job listings are posted frequently on our website.
To sort the job opportunities by region, fields, or levels, click on the appropriate category or tag in the right column on our Trade Jobs webpage. |
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Calendar of Events Upcoming Trade Events & Seminars
Our website has a comprehensive listing of import and export conferences held throughout the country, as well as Customs training, EAR training, ITAR training, and other training. Below is a small sampling of what's available in June:
How to Develop An Export Management and Compliance Program - BIS & International Business Institute Austin Community College July 21 - 22, 2009 - Austin, TX - $375/$400 ITAR Compliance - American Conference Institute (ACI) July 15 - 16, 2009 - Washington, DC - $1895
ITAR Compliance and Audits - Federal Publications Seminars July 23 - 24, 2009 - Hilton Head Island, SC - $995
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Thanks again for your interest in our newsletter!
Sincerely,
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Jennifer Kessinger & Tammie Krauskopf
Attorneys & Consultants
jk@globaltradeexpertise.com
Tel. 925.876.1381 (Jennifer Kessinger)
tk@globaltradeexpertise.com Tel. 708.707.4087 (Tammie Krauskopf)
www.globaltradeexpertise.com
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