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Showing posts from January, 2015

Ruling of the Week 215.4: CBP as Fashion Snob

Men's ties are an odd thing. They are completely useless in terms of functionality, unless the function is collection samples of soup and occasionally operating as a choking hazard. It is high time someone took ties to the proverbial next level. It appears that the fine folks at Seasons USA, Inc. have done just that. Apparently, they import a "novelty" tie that incorporates LEDs that light up in amusing patterns of joy. Seasons requested a ruling on the classification of these ties. According to the fashionistas at Customs and Border Protection, ties and bow ties conform to some preconceived notion of acceptable dress. To me, that is just a lack of imagination and fashion adventurism. Who says a light up tie is not acceptable wherever a tie might normally be worn? At a funeral or bar mitzvah, for example. Or a Cabinet Meeting? That's only true if you are not bold enough to do it. But, Customs says a light up tie made of 100% polyester with an elastic band going aroun...

Jolly Rancher : Banking on Fruits

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Brand : Jolly Rancher Company : Hersheys Brand Analysis Count : 554 Hershey has launched its iconic confectionery brand Jolly Rancher in India recently. This interesting because in the 65 year history of the brand, India is the first market outside North America where Jolly Rancher is launched. Jolly Rancher has an iconic status in the North American market and is famous for the bold fruity flavors. In India, the brand has launched its lollipop products. The Jolly Rancher lollipops are available in three flavors - Mango, Green Apple and Water Melon. Globally , Jolly Rancher is famous for its fruity flavors. Reports say that the brand has customized the flavors to suit the Indian palate. The brand is currently running the launch campaign featuring the actress Tamanna. Although crowded, Indian confectionery market is growing at 18%. The launch of Jolly Rancher is a part of Hershey's strategy of building global brands. The company is planning to achieve $10 billion revenue by 2017.  A...

MY SHOCKING AND PAINFUL COLONOSCOPY

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It has taken me awhile to write about this subject and I also have a family medical crisis that I am dealing with, so blogging time has been difficult to fit into my schedule. I shared with the world on my Stay Healthy Fitness Facebook and Instagram that I was gearing up for my 50 club first experience at having a colonoscopy.  I took my husband a few years ago and all went fairly well, and I have also been re-assured by many that the prep is the worst part and the rest would be a breeze.  Sadly, this was not my experience. Let me share that I have a very high pain threshold, had both of my children without drugs or epidurals, and in general it takes a great deal of discomfort for me to complain.  The prep for the colonoscopy was horrible, and I nearly vomited up the Moviprep solution each time I had to drink it.  I expected that so I was prepared that this was not going to be fun, and within an hour of drinking the solution, my frequent bathroom visits began.  ...

No License, No Brokerage

United States v. Freight Forwarder International, Inc . is another recent decision I can dispose of quickly. Here's the deal. A freight forwarder that employs a licensed customs broker but does not hold a corporate license cannot legally engage in customs business. 19 USC 1641(b)(5) and 19 CFR 111.4 . In this case, the defendant paid customs duties to Customs and Border Protection on behalf of importers and invoiced the importer. That is transacting customs business. CBP sought a penalty of $10,000 and the defendant failed to respond. What follows in the reported decision is the Court of International Trade essentially ticking off the boxes showing that the United States has taken the necessary administrative and litigation steps necessary to collect a default judgment. Not surprisingly, the United States Department of Justice did just that and the Court entered a default judgment of $10,000 against the defendant.

Ruling of the Week 2015.3: NAFTA CO by Power of Attorney

First, let me acknowledge what might be very obvious to you: the Court of International Trade has been pushing out customs opinions at an impressive rate this year. I am behind on cases, which prevents me from being behind on work. I will catch up. This week's ruling (HQ H256731) answers a question that comes up all the time. The question is whether employees of an American parent company can issue NAFTA certificates of origin on behalf of a wholly-owned Canadian subsidiary. Presumably, the same answer would apply to a Mexican subsidiary. The facts here are simple and familiar. The company involved is S.C. Johnson & Sons. SCJ has a wholly-owned subsidiary in Canada that manufactures goods for export to the U.S. SCJ Canada, through its officers, acting pursuant to authority granted by the Board of Directors, has granted two employees of the Wisconsin-based parent company Powers of Attorney authorizing them to execute NAFTA Certificates of Origin on behalf of the Canadian sub. T...

Ruling of the Week 2015.2: Sharks, Jets, & Switchblade Knives

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You may not be aware of the scope of laws Customs and Border Protection is charged with enforcing. One special category of activity for CBP is the interdiction of restricted or inadmissible merchandise. One such item is the switchblade knife. Under 15 USC 1242 (the Switchblade Knife Act), it is illegal to introduce into interstate commerce any switchblade knife. If you were to do so, you would be subject to a $2,000 fine and up to five years in prison. The knives themselves are subject to forfeiture. There are certain exceptions for the carrier and for knives for the Armed Forces. It is also legal for a person with one arm to carry on his or her person a switchblade with a blade three inches or less in length. Finally, there is a complicated exception for spring action knives that have a mechanical bias toward being closed and require exertion of the hand, wrist, or arm to overcome that bias (sort of a reverse switchblade). Customs' regulations define a switchblade as: Any imported...

DIRECT TV STEALING FROM CONSUMERS

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I know my platform revolves around health and fitness and being our best self each day, but I also feel that it is important to share stories that will inform and protect others from illegal and criminal activity which in a way is taking care of ourselves through this journey of life.  My share is personal and is a consumer horror story that has happened to me and my husband.  My goal is always to reach out to help and support others going through the same scenario and at the very least provide awareness especially if you are considering becoming involved with this company.  I filed the following report today with an online dispute service: Direct TV has committed fraud and unauthorized removal of funds from our bank account. We have been loyal customers since 2009, never late on a payment, and out of contract with them since 2011.  We have been dissatisfied with their services for quite some time and over the past year have spent many hours negotiating bill reductio...

Ruling of the Week 2015.1: Boo Boo Packs

This is the first “Ruling of the Week” for 2015. I’m going to do my best to get 52 of these to you this year. “My best,” of course is not a guaranty. I am already a week behind. So sue me. Today’s ruling is HQ H253885, which is technically still a proposed ruling. It is in the Customs Bulletin and Decisions, Volume 49, dated January 1, 2015 . The merchandise involved is the “Boo Boo Pack,” which is a plush fabric animal (e.g., a teddy bear or adorable hippo) that is designed to accommodate a gel pack that can be either heated or frozen. The hot or cold animal is used to treat minor injuries in children (and probably to preserve the nerves of their parents). The animals are imported with the gel packs. This proposed ruling impacts a number of rulings on similar products with different styles of inserts. One insert was a mixture of rice and lavender and must have been intended for someone other than me. Others were combinations of water and propylene glycol. In the previous rulings, Cus...

Brand Update : Moods wants you to Play It Right

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After around three years, Moods have come out with another campaign. The new campaign themed " Play it Right" is also a sort of repositioning for the brand. In the last campaign, the brand adopted a naughty " Your Time, Your Place " positioning. The new campaign   themed around the man who is playing it right takes the focus back to the man. In one of the earlier campaign - My Man, the campaign put the focus on the women which made the campaign standout from the rest of the crowd. The " Your time, your place " was a clutter-breaking campaign with a touch of humor.  The new campaign - Play it Right is neither clutter- breaking nor humorous. The theme of a smart man getting what he wants is a much used theme and Moods have not done anything different in terms of execution.  Watch the ad here : Moods- Play it Right The brand could have brought some kind of creativity into the ads rather than depending on the old theme with a careless execution.  According to ...

Infantino in a Flash

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Infantino, LLC v. United States Parents of a certain socio-economic status want to protect their small children from real and perceived dangers including the horrible wire and plastic seats on grocery store shopping carts. You have, no doubt, seen chubby baby legs kicking their way through the square wire openings while parents meet in the produce section to commiserate over the price of soccer cleats and debate which local orthodontist has the best espresso machine in the parents' lounge. Happily, there is a solution in the form of the Funny Farmer Shop & Play 2-in-1 play mat from Infantino. This product is a play mat printed with a farm theme and having detachable toys. It also includes features that make it suitable for use in a shopping cart. Those features include a waist belt, leg flaps, pea pod shaped pillow bolster, and hook and loop closures to secure it to the otherwise offensive shopping cart seat. According to the related advertising, the Funny Farmer is perfect for...

Pril : Nurturing Relationship by Washing Dishes Together !

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Brand : Pril Company : Jyothy Laboratories Brand Analysis Count : # 553 Pril is the brand which created the dishwash liquid category in the Indian market. A brand globally owned by Henkel  was created in 1951. Sold in over 22 countries, the brand was launched in India in 1999. At that time, the brand was owned by Henkel India which was the subsidiary of Henkel AG. In 2011, Henkel India sold its brands ( in India) to Jyothy Laboratories Ltd.  Pril was the pioneer in the liquid diswash category. The Rs 10,000 crore Indian dishwash category was dominated by the dishwash bar product-form. The bar product-form had its own limitations like being soggy and messy. Pril saw a need for a hygienic upmarket alternative for the soggy dishwash bars. Pril was launched as a hygienic alternative to the dishwash bars. The brand was launched with the positioning of " tough on grease , soft on hands " platform.  The journey of the brand was never easy. Its difficult to change the habits of t...

FITNESS IS MORE THAN THE PHYSICAL

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Fitness involves more than how much weight is lost or reps in a set that can be accomplished.  Being a fit person involves discipline for each day, creates awareness, and instills conscious living. Fitness is a lifestyle and goes way beyond the physical.   Having the desire to obtain a quality life and following through on that goal really defines being healthy and fit, and when the focus remains in that direction, we set ourselves up for feeling and looking our best for life.  We put so much pressure on ourselves to squeeze into the tiniest jeans or boast the largest biceps, that we tend to forget how being fit is supposed to feel.  A fit and healthy body should be free or minimized of pain and many people do not realize just how good we are supposed to feel, and instead accept and accommodate pain on a daily basis.  A fit lifestyle includes physical exercise but not of the nature that will injure our bodies and create chronic setbacks, and eating healthy ...