text:
18 U.S.C. 983; 19 U.S.C. 66, 1592, 1593a, 1618, 1624; 22 U.S.C. 401; 31 U.S.C. 5321.
Subpart F also issued under 19 U.S.C. 1595a, 1605, 1614.
This part contains provisions relating to petitions for relief from fines, forfeitures, and certain penalties incurred, and petitions for the restoration of proceeds from sale of seized and forfeited property. This part does not relate to petitions on claims for liquidated damages or penalties which are guaranteed by the conditions of the International Carrier Bond (
(1) A description of the property involved (if a seizure);
(2) The date and place of the violation or seizure;
(3) The facts and circumstances relied upon by the petitioner to justify remission or mitigation; and
(4) If a seizure case, proof of a petitionable interest in the seized property.
Upon receipt of a petition for relief filed pursuant to the provisions of section 618 of the Tariff Act of 1930, as amended (19 U.S.C. 1618), or section 5321(c) of title 31, United States Code (31 U.S.C. 5321(c)), involving fines, penalties, and forfeitures which are outside of his or her delegated authority, the Fines, Penalties, and Forfeitures Officer will refer that petition to the Chief, Penalties Branch, Regulations and Rulings, Office of International Trade, CBP Headquarters, who is empowered to remit or mitigate on such terms and conditions as, under law and in view of the circumstances, he or she deems appropriate.
The advice of the Director, Border Security and Trade Compliance Division, Regulations and Rulings, Office of International Trade, CBP Headquarters, or his designee, may be sought in any case (except as provided in this section), without regard to delegated authority to act on a petition or
If a petition for relief relates to a violation of sections 592, 593A or 641, Tariff Act of 1930, as amended (19 U.S.C. 1592, 19 U.S.C. 1593a, or 19 U.S.C. 1641), the petitioner will be provided with a written statement setting forth the decision on the matter and the findings of fact and conclusions of law upon which the decision is based.
A decision to mitigate a penalty or to remit a forfeiture upon condition that a stated amount is paid will be effective for not more than 60 days from the date of notice to the petitioner of such decision unless the decision itself prescribes a different effective period. If payment of the stated amount or arrangements for such payment are not made, or a supplemental petition is not filed in accordance with regulation, the full penalty or claim for forfeiture will be deemed applicable and will be enforced by promptly referring the matter, after required collection action, if appropriate, to the appropriate Office of the Chief Counsel for preparation for referral to the Department of Justice unless other action has been directed by the Commissioner of Customs.
Any seizure subject to forfeiture may be remitted or mitigated pursuant to the provisions of 19 U.S.C. 1618 or 31 U.S.C. 5321, as applicable. Any person who accepts a remission or mitigation decision will not be considered to have substantially prevailed in a civil forfeiture proceeding for purposes of collection of any fees, costs or interest from the Government.
Offers in compromise submitted pursuant to the provisions of section 617 of the Tariff Act of 1930, as amended (19 U.S.C. 1617) must expressly state that they are being submitted in accordance with the provisions of that section. The amount of the offer must be deposited with Customs in accordance with the provisions of § 161.5 of this chapter.
An offer in compromise will be considered accepted only when the offeror is so notified in writing. As a condition to accepting an offer in compromise, the offeror may be required to enter into any collateral agreement or to post any security which is deemed necessary for the protection of the interest of the United States.
The general provisions of subpart A of this part on filing and content of petitions for relief apply to petitions for restoration of proceeds of sale except insofar as modified by this subpart.
A petition for the restoration of proceeds of sale under section 613, Tariff Act of 1930, as amended (19 U.S.C. 1613) must be filed within 3 months after the date of the sale.
In addition to such other evidence as may be required under the provisions of subpart A of this part, the petition for restoration of proceeds of sale under section 613, Tariff Act of 1930, as amended (19 U.S.C. 1613), must show the interest of the petitioner in the property. The petition must be supported by satisfactory proof that the petitioner did not know of the seizure prior to the declaration or decree of forfeiture and was in such circumstances as prevented him from knowing of it.
If forfeited property which is the subject of a claim under section 613, Tariff Act of 1930, as amended (19 U.S.C. 1613) has been authorized for official use, retention or delivery will be regarded as the sale thereof for the purposes of section 613. The appropriation available to the receiving agency for the purchase, hire, operation, maintenance and repair of property of the kind so received is available for the granting of relief to the claimant and for the satisfaction of liens for freight, charges and contributions in general average that may have been filed.
(i) Commercially engages in the catching, taking, or harvesting of fish
(ii) Commercially prepares fish or fish products other than by gutting, decapitating, gilling, skinning, shucking, icing, freezing, or brine chilling; or
(iii) Commercially supplies, stores, refrigerates, or transports fish, fish products, or materials directly related to fishing or the preparation of fish to or from a fishing, fish processing, or fish tender vessel or fish processing facility.
(B) One gram of a mixture of substance containing a detectable amount of—
(E) 500 micrograms of a mixture of substance containing a detectable amount of lysergic acid diethylamide (LSD);
(F) One ounce of a mixture of substance containing a detectable amount of marihuana; or
(G) One gram of methamphetamine, its salts, isomers, and salts of its isomers, or one gram of a mixture of substances containing a detectable
(A) Evidence such as drug scales, drug distribution paraphernalia, drug records, drug packaging material, method of drug packaging, drug "cutting" agents and other equipment, that indicates an intent to process, package or distribute a controlled substance;
(B) Information from reliable sources indicating possession of a controlled substance with intent to distribute;
(C) The arrest and/or conviction record of the person or persons in actual or constructive possession of the controlled substance for offenses under Federal, State or local law that indicates an intent to distribute a controlled substance;
(D) The controlled substance is related to large amounts of cash or any amount of prerecorded government funds;
(E) The controlled substance is possessed under circumstances that indicate such a controlled substance is a sample intended for distribution in anticipation of a transaction involving large quantities, or is part of a larger delivery; or
(F) Statements by the possessor, or otherwise attributable to the possessor, including statements of conspirators, that indicate possession with intent to distribute.
(i) The petitioner has a valid, good faith interest in the seized property as owner or otherwise;
(ii) The petitioner reasonably attempted to ascertain the use of the property in a normal and customary manner; and
(iii) The petitioner did not know or consent to the illegal use of the property or, in the event that the petitioner knew or should have known of the illegal use, the petitioner did what reasonably could be expected to prevent the violation.
(2) In addition, the petitioner may submit evidence to establish that he has statutory rights or defenses such that he would prevail in a judicial proceeding on the issue of forfeiture.
(1) A complete description of the property, including identification numbers, if any, and the date and place of the violation and seizure;
(2) A description of the petitioner's interest in the property, supported by the documentation, bills of sale, contracts, mortgages, or other satisfactory documentary evidence; and
(3) A statement of the facts and circumstances relied upon by the petitioner to justify expedited return of the seized property, supported by satisfactory evidence.
(1) If Customs determines that the factors listed in § 171.52(c) have been established, it shall terminate the administrative proceedings and release the property from seizure, or in the case of a commercial fishing industry vessel for which a summons has been issued, but not yet answered, dismiss the summons. The property shall not be returned if it is evidence of a violation of law.
(2) If Customs determines that the factors listed in § 171.52(c) have not been established, it shall proceed with the administrative forfeiture.
If the petitioner is not satisfied with a decision of the deciding official on an original petition for relief, a supplemental petition may be filed with the Fines, Penalties, and Forfeitures Officer having jurisdiction in the port where the violation occurred. Such supplemental petition must be filed within 60 days from the date of notice to the petitioner of the decision from which further relief is requested or within 60 days following an administrative or judicial decision with respect to the entries involved in a penalty case which reduces the loss of duties upon which the mitigated penalty amount was based (whichever is later) unless another time to file such a supplemental petition is prescribed in the decision. The filing of a supplemental petition may be subject to the conditions prescribed in § 171.64 of this part. A supplemental petition may be filed whether or not the mitigated penalty or forfeiture remission amount designated in the decision on the original petition is paid.
The deciding Customs official always reserves the right to require a waiver of the statute of limitations executed by the claimants to the property or charged party or parties as a condition precedent before accepting a supplemental petition in any case in which less than one year remains before the statute will be available as a defense to all or part of that case.
Liabilities incurred under section 497, Tariff Act of 1930 (19 U.S.C. 1497), shall be mitigated or remitted in accordance with the following guidelines (see also part 148, Customs Regulations):
a. Communications with the violator are impaired because of language barrier, mental condition, or physical ailment;
b. Violator cooperates with Customs officers after discovery of the violation by providing additional information which facilitates conclusion of the case;
c. Violator is an inexperienced traveler;
d. There is contributory Customs error (for example, violator demonstrates he was given incorrect advice by a Customs officer).
a. Documentary or other evidence discovered establishes violator's intent;
b. Informant provides information which tends to establish violator's intent and leads to discovery of the violation after the violator has been given an opportunity to properly declare;
c. Violator is an experienced traveler;
d. Undeclared articles are concealed to evade U.S. law;
e. There is behavior, including extreme lack of cooperation, verbal or physical abuse, or attempted escape, which tends to demonstrate a lack of respect for law and authority.
a. When an individual who has been cleared through Customs without discovery of any undeclared article returns to the examination area and declares that article, the deciding officer may, within his discretion, remit the liabilities upon payment of One Times the Duty.
b. An individual who declares articles some time later (hours, days, weeks, etc.) may be treated similarly.
a. When the offense is a second or subsequent violation, the deciding officer may, within his discretion, remit the liabilities upon payment of Between Six and Eight Times the Duty (but not less than $250), or the domestic value, whichever is lower.
b. When the offense is a second or subsequent violation, and there are aggravating factors present, generally there shall either be a denial of relief or mitigation to No Less Than Eight Times the Duty or the domestic value, whichever is lower.
c. When there is evidence of an ongoing scheme to defraud the revenue involving multiple entries without declaration of articles subject to declaration, the deciding officer shall act in accordance with the preceding paragraph.
a. For violations which are first offense, and involve articles entitled to the benefit of GSP or Chapter 98, HTSUS, the liabilities shall be remitted upon payment of One Times the Duty which would have been due if the articles had not been entitled to the benefit.
b. For violations which are first offense, and involve absolutely duty-free articles, the liabilities shall be remitted upon payment of Between One and Five Percent of the Domestic Value, but not less than $50 (or the domestic value, whichever is less) nor more than $1,000.
a. When aggravating factors such as those outlined above are present, the deciding officer may, in his discretion, remit the liabilities for conditionally free articles upon the payment of Between One and Two Times the Duty (but not less than $100), or the domestic value, whichever is lower.
b. For absolutely free articles, the deciding officer may remit the liabilities upon payment of Between Five and Ten Percent of the Domestic Value, but not less than $100.
The fact that undeclared duty-free articles are imported for commercial purposes may be considered an aggravating factor under section II.3. of these guidelines.
1. These guidelines provide a framework and procedure by which violations of 19 U.S.C. 1497 are to be analyzed. They are not mandatory in the sense that they must be absolutely applied. Customs officers varying from these guidelines must provide reasons for doing so in the case record.
2. Customs officers shall document mitigating and aggravating factors found in each case in the case file. There must be a basis shown for mitigated amounts.
3. It is intended that mitigating and aggravating factors shall be considered together and used to offset each other where appropriate.
4. The rate of duty to be used in calculating the mitigated penalty shall be the appropriate rate from Chapters 1-97, HTSUS, and not the flat rate from Chapter 98, HTSUS.
5. "Duty" means Customs duties and any internal revenue taxes which would have attached upon importation (see section 101.1(i), Customs Regulations). Therefore, multiples will also be applied to internal revenue taxes which would have been due.
6. Customs officers may, within their discretion, consider other factors not here delineated as aggravating or mitigating and apply the guidelines accordingly. These additional factors must also be documented in the case file.
7. These guidelines are not authority for admitting into the commerce of the United States articles which are conditionally or absolutely prohibited from entry.
8. The presence of one or more extraordinary aggravating factors, including but not limited to those set forth in section I.6. of these guidelines, may within the discretion of the deciding officer be a basis for denial of relief.
9. If the violator is being prosecuted criminally, the civil (19 U.S.C. 1497) liability generally is administratively settled only after completion of the prosecution or with the express approval of the appropriate U.S. attorney. Criminal prosecution of the violator, however, is insufficient grounds to delay indefinitely determination of the civil liability. The Fines, Penalties, and Forfeitures Officer should contact the Chief Counsel representative in the field to determine the best course of action to follow with respect to the civil liability. Chief Counsel representative will consult with the U.S. attorney and the Penalties Branch at Customs Headquarters. Because of time delay problems, all
A monetary penalty incurred under section 592 of the Tariff Act of 1930, as amended (19 U.S.C. 1592; hereinafter referred to as section 592) may be remitted or mitigated under section 618 of the Tariff Act of 1930, as amended (19 U.S.C. 1618), if it is determined that there are mitigating circumstances to justify remission or mitigation. The guidelines below will be used by the Customs Service in arriving at a just and reasonable assessment and
Without regard to whether the United States is or may be deprived of all or a portion of any lawful duty, tax or fee thereby, a violation of section 592 occurs when a person, through fraud, gross negligence, or negligence, enters, introduces, or attempts to enter or introduce any merchandise into the commerce of the United States by means of any document, electronic transmission of data or information, written or oral statement, or act that is material and false, or any omission that is material; or when a person aids or abets any other person in the entry, introduction, or attempted entry or introduction of merchandise by such means. It should be noted that the language "entry, introduction, or attempted entry or introduction" encompasses placing merchandise in-bond (e.g., filing an immediate transportation application). There is no violation if the falsity or omission is due solely to clerical error or mistake of fact, unless the error or mistake is part of a pattern of negligent conduct. Also, the unintentional repetition by an electronic system of an initial clerical error generally will not constitute a pattern of negligent conduct. Nevertheless, if Customs has drawn the party's attention to the unintentional repetition by an electronic system of an initial clerical error, subsequent failure to correct the error could constitute a violation of section 592. Also, the unintentional repetition of a clerical mistake over a significant period of time or involving many entries could indicate a pattern of negligent conduct and a failure to exercise reasonable care.
A document, statement, act, or omission is material if it has the natural tendency to influence or is capable of influencing agency action including, but not limited to a Customs action regarding: (1) Determination of the classification, appraisement, or admissibility of merchandise (e.g., whether merchandise is prohibited or restricted); (2) determination of an importer's liability for duty (including marking, antidumping, and/or countervailing duty); (3) collection and reporting of accurate trade statistics; (4) determination as to the source, origin, or quality of merchandise; (5) determination of whether an unfair trade practice has been committed under the anti-dumping or countervailing duty laws or a similar statute; (6) determination of whether an unfair act has been committed involving patent, trademark, or copyright infringement; or (7) the determination of whether any other unfair trade practice has been committed in violation of federal law. The "but for" test of materiality is inapplicable under section 592.
The three degrees of culpability under section 592 for the purposes of administrative proceedings are:
The following factors will be considered in mitigation of the proposed or assessed penalty claim or the amount of the administrative penalty decision, provided that the case record sufficiently establishes their existence. The list is not all-inclusive.
Certain factors may be determined to be aggravating factors in calculating the amount of the proposed or assessed penalty claim or the amount of the administrative penalty decision. The presence of one or more aggravating factors may not be used to raise the level of culpability attributable to the alleged violations, but may be utilized to offset the presence of mitigating factors. The following factors will be considered "aggravating factors," provided that the case record sufficiently establishes their existence. The list is not exclusive.
(1) Obstructing an investigation or audit,
(2) Withholding evidence,
(3) Providing misleading information concerning the violation,
(4) Prior substantive violations of section 592 for which a final administrative finding of culpability has been made,
(5) Textile imports that have been the subject of illegal transshipment (
(6) Evidence of a motive to evade a prohibition or restriction on the admissibility of the merchandise (e.g., evading a quota restriction),
(7) Failure to comply with a lawful demand for records or a Customs summons.
Parties who wish to submit a civil offer in compromise pursuant to 19 U.S.C. 1617 (also known as a "settlement offer") in connection with any section 592 claim or potential section 592 claim should follow the procedures outlined in § 161.5 of the Customs Regulations (19 CFR 161.5). Settlement offers do not involve "mitigation" of a claim or potential claim, but rather "compromise" an action or potential action where Customs evaluation of potential litigation risks, or the alleged violator's financial position, justifies such a disposition. In any case where a portion of the offered amount represents a tender of unpaid duties, taxes and fees, Customs letter of acceptance may identify the portion representing any such duty, tax and fee. The offered amount should be deposited at the Customs field office responsible for handling the section 592 claim or potential section 592 claim. The offered amount will be held in a suspense account pending acceptance or rejection of the offer in compromise. In the event the offer is rejected, the concerned Customs field office will promptly initiate a refund of the money deposited in the suspense account to the offeror.
Section 592(d) demands for actual losses of duty ordinarily are issued in connection with a penalty action, or as a separate demand without an associated penalty action. In either case, information must be present establishing a violation of section 592(a). In those cases where the appropriate Customs field officer determines that issuance of a penalty under section 592 is not warranted (notwithstanding the presence of information establishing a violation of section 592(a)), but that circumstances do warrant issuance of a demand for payment of an actual loss of duty pursuant to section 592(d), the Customs field officer shall follow the procedures set forth in section 162.79b of the Customs Regulations (19 CFR 162.79b). Except in cases where less than one year remains before the statute of limitations may be raised as a defense, information copies of all section 592(d) demands should be sent to all concerned sureties and the importer of record if such party is not an alleged violator. Also, except in cases where less than one year remains before the statute of limitations may be raised as a defense, Customs will endeavor to issue all section 592(d) demands to concerned sureties and non-violator importers of record only after default by principals.
If a customs broker commits a section 592 violation and the violation involves fraud, or the broker commits a grossly negligent or negligent violation and shares in the benefits of the violation to an extent over and above customary brokerage fees, the customs broker will be subject to these guidelines. However, if the customs broker commits either a grossly negligent or negligent violation of section 592 (without sharing in the benefits of the violation as described above), the concerned Customs field officer may proceed against the customs broker pursuant to the remedies provided under 19 U.S.C. 1641.
Violations of laws administered by other federal agencies (such as the Food and Drug Administration, Consumer Product Safety Commission, Office of Foreign Assets Control, Department of Agriculture, Fish and Wildlife Service) should be referred to the appropriate agency for its recommendation. Such recommendation, if promptly tendered, will be given due consideration, and may be followed provided the recommendation would not result in a disposition inconsistent with these guidelines.
In compliance with the mandate of the Small Business Regulatory Enforcement Fairness Act of 1996, under appropriate circumstances, the issuance of a penalty under section 592 may be waived for businesses qualifying as small business entities.
Procedures established for small business entities regarding violations of 19 U.S.C. 1592 were published as Treasury Decision 97-46 in the
The Trade and Tariff Act of 1984 promulgated numerous changes to the current statute relating to Customs brokers. The following document attempts to define that conduct which is to be proscribed and to suggest penalty amounts to be assessed for such violations. It also chronicles procedures to be followed in assessment and mitigation of penalties.
Assessment of a monetary penalty is an alternative sanction to revocation or suspension of the broker's license or permit.
A. When a penalty against a broker is contemplated, the "appropriate Customs officer", (
B. The written notice shall inform the violator that he has 30 days to respond as to why a penalty should not be issued. See 19 CFR 111.92.
C. If no response is received from the violator, or, if after receipt of the response, it is determined that the penalty should be issued as stated in the prepenalty notice, a notice of penalty CF-5955A shall be issued formally assessing a monetary penalty against the broker.
D. The Fines, Penalties, and Forfeitures Officer may reduce the amount of the contemplated penalty or cancel its issuance altogether if, after review of the violator's submission in response to the prepenalty notice, he is satisfied that the acts which are the basis for the penalty did not occur as charged or occurred in a manner that would permit a reduction in the contemplated penalty.
E. After issuance of a penalty notice, the petitioning provisions of part 171 of the Customs Regulations are in effect.
F. If the broker does not comply with a final mitigation decision within 60 days, the matter shall be referred to the Department of Justice for commencement of judicial action.
A. No person may conduct Customs business, other than solely on behalf of that person, without a broker's license.
B. Penalty amount:
1. The maximum penalty for any one incident of conducting Customs business without a license is $10,000.
2. Total aggregate penalties for violation of this or any other section of the broker penalty statute is $30,000. As a general rule, $10,000 will be the maximum assessment for a violation solely involving conducting Customs business without a license, without regard to the frequency of violations. In particularly aggravated circumstances, this rule shall be suspended.
C. Customs business includes:
1. Classification and valuation.
2. Payment of duties, taxes or other charges.
3. Drawback or refund of duties.
4. Filing of entries or other documents relating to issues covered by 1-3.
D. Customs business does not include:
1. Marine transactions.
2. In-bond movement or transportation of merchandise.
3. Foreign Trade Zone admissions. See C.S.D. 84-23.
E. Penalty amounts to be imposed for transacting Customs business without a license are as follows:
1. No penalty action when importation is conducted on behalf of a family member. For
2. No penalty action against an individual who has a power of attorney to act as an unpaid agent on a non-commercial shipment. See 19 CFR 141.33.
3. A $250 penalty for:
a. First violation when transaction is non-commercial but is conducted on behalf of any business entity, or
b. First violation where the importation is commercial in nature (
4. A $1,000 penalty for repeat violation involving:
a. Commercial importation.
b. Non-commercial importation made on behalf of a business entity.
c. Non-commercial importation for which compensation is received by the violator.
5. A $10,000 penalty when:
a. Violator falsely holds himself out as being a licensed Customs broker.
b. A continuing course of conduct can be shown (determined by frequency of violations or number of entries involved) which would indicate that the violator is entering merchandise for others on a regular commercial basis, e.g., if the violator has incurred numerous penalties under subsections (3) and (4) above, but the smaller penalties have had no deterrent effect, the $10,000 penalty under this subsection should be assessed in an action separate from those smaller penalties.
F. Mitigation—No mitigation will be afforded for any violation involving conducting Customs business without a license unless the violator can show an inability to pay such penalty.
G. IMPORTANT: As a general rule, a separate penalty should not be imposed for each unlawful Customs business transaction if numerous transactions occur contemporaneously. For example:
1. If an unlicensed individual files six commercial entries at one time, that should be treated as one violation. It should not be treated as six violations because the entries were presented contemporaneously.
2. If Customs discovers that an individual has conducted Customs business without a license on numerous occasions, but such individual acted without knowledge of the prohibition on such conduct, those numerous transactions should be treated as one violation for purposes of imposition of any penalty.
I. Intent to violate the law is not an element of this violation. Reference to "intentionally transacts Customs business" in subsection 1641(b)(6) relates to the intentional transaction of the business itself, not to any intentional attempt to violate the terms of the statute.
A. If the license would not have been issued but for the false statement, the proper sanction would be suspension or revocation of the license. If the false or misleading statement would not have absolutely resulted in the denial, revocation or suspension of a license, then penalty sanctions are proper.
B. Material facts include but are not limited to:
1. Facts as to identity.
2. Facts as to citizenship status of an individual.
3. Facts as to moral character of an individual which relate to his fitness to conduct Customs business.
4. The organization of any corporation, association or partnership.
5. The status of the license of a license holder who is a corporate officer or partner.
C. Penalty Amount—$5,000 for each false statement, to a maximum of $30,000.
D. Examples of situations where revocation of the license is appropriate.
1. An applicant states that he is 21 years old (as required by 19 CFR 111.11) and he is not. But for the false statement, the applicant could not meet the age requirement for a license.
2. An applicant provides an alias in the application which is a material false statement as to identity.
E. Mitigation guidelines.
1. Violation due to clerical error (clerical error as defined by 19 U.S.C. 1520(c)(1)), mitigated without payment.
2. Violation due to negligence.
a. This is defined as more than clerical error, but not an intentional violation. Examples include:
i. Failing to list a new corporate office because corporate records have not been kept current.
ii. Listing an incorrect address for a reference because applicant has failed to update his records.
b. Mitigate to $500 for each $5,000 penalty assessed.
c. This category excludes cases of harmless error,
3. Intentional violations—Revocation of a license which has been granted is the preferred sanction. If no license has been granted, no mitigation.
A. As a general rule, license revocation is the standard sanction for these violations. If the conviction occurs subsequent to the filing of an application, monetary penalties may be assessed according to the following criteria.
B. Unlawful conduct must relate to:
1. Importation or exportation of merchandise.
2. Conduct of Customs business (this shall include violations relating to taxes and duties and documents required to be filed with regard to such taxes and duties).
3. Relevant convictions would include:
a. 18 U.S.C. 1001—making a false statement to Customs or any other agency with regard to any relevant transaction.
b. 18 U.S.C. 545—unlawful importation of merchandise.
c. 18 U.S.C. 542—unlawful importation by means of a fraudulent act or omission.
d. 22 U.S.C. 2778—illegal exportation of munitions.
C. Monetary penalties may not be imposed in connection with convictions relating to conduct described in subsection 1641(d)(1)(B)(iii) including larceny, theft, robbery, extortion, counterfeiting, fraudulent concealment or conversion, embezzlement or misappropriation of funds. Either suspension or revocation is the appropriate penalty for these infractions.
D. Penalty amounts.
1. $15,000 for a misdemeanor conviction.
2. $30,000 for a felony conviction.
E. Mitigation.
1. For a misdemeanor conviction, mitigation to a lesser amount is permitted if the conviction related to Customs business and the domestic value of the merchandise involved is less than $15,000. In such case, mitigation to an amount equal to the domestic value of the merchandise is appropriate.
2. For other misdemeanor convictions, no relief.
3. Felony convictions, no relief.
A. Penalties under this section may be imposed in addition to any penalty provided for under the law enforced by Customs.
B. Additional penalties under this section shall also be imposed against any broker where the other statute violated only moves against property, or the violator has demonstrated a continuing course of illegal conduct or evidence exists which indicates repeated violations of other statutes or regulations.
C. Conducting Customs business without a permit penalties should be assessed under this section.
1. The penalty notice should also cite 19 CFR 111.19 as the regulation violated. A party operating without a permit is required to apply for one under the above-noted regulation.
2. Assessment amount—$1,000 per transaction conducted without a permit.
3. Mitigation.
a. Negligence, mitigate to $250-$500 per transaction depending on the presence of mitigating factors (lack of knowledge of permit requirement).
b. Intentional, grant no relief.
c. No mitigation if permit revoked by operation of law.
4. Generally, a separate penalty should not be assessed for each non-permitted transaction if numerous transactions occurred contemporaneously. For example, if a broker files 30 entries the day after a permit expires, the 30 filings should be treated as one violation, not 30 separate violations.
D. Penalties for failure to exercise due diligence in payment, refund or deposit of monies received from clients in connection with clients' Customs business also should be assessed under this section. This includes failure to pay over to a client, or file a written statement to a client accounting for, funds received.
1. The penalty notice should also cite 19 CFR 111.29 as the regulation violated.
2. Assessment amount—an amount equal to the value of any monies up to a maximum of $30,000, to be deposited with Customs or refunded or accounted for to a client.
3. No mitigation shall be afforded until the monies are properly paid to Customs or refunded or accounted for to the clients.
4. If any claims for liquidated damages result against the client's bond from the failure to pay monies to Customs, no mitigation from the penalty shall be granted until the
5. After monies are paid or accounted for and/or liquidated damages claims are settled as stated in 3. and 4. above, mitigation may be afforded. If the violator is found to be negligent, the penalty may be mitigated to an amount between 25 and 50 percent of the assessed amount, but no lower than $250. No mitigation from an intentional violation.
E. Penalties for failure to retain powers of attorney from clients to act in their names.
1. The penalty notice should also cite 19 CFR 141.46 as the regulation violated.
2. Assessment amount—$1,000 for each power of attorney not on file.
3. Mitigation—for a first offense, mitigate to an amount between $250 and $500 unless extraordinary mitigating factors are present, in which case full mitigation should be afforded. An extraordinary mitigating factor would be a fire, theft or other destruction of records beyond broker control. Subsequent offenses—no mitigation unless extraordinary mitigating factors are present.
4. Penalty should be mitigated in full if it can be established that a valid power of attorney had been issued to the broker, but it was misplaced or destroyed through clerical error or mistake.
F. If the other statute violated moves only against property, the violator shall incur a monetary penalty equal to the domestic value of such property or $30,000, whichever is less.
G. Use of a broker's importation bond to aid an importer who has had his immediate delivery privileges revoked.
1. The broker has aided his client in avoiding the immediate delivery sanctions. The penalty notice should cite 19 CFR 142.25(c) as the regulation violated. Before assessment of this penalty, the broker should be shown to have known or been negligent in not knowing of the client's sanction.
2. A penalty equal to the value of the merchandise, not to exceed $30,000, should be assessed.
3. Mitigation—The penalty shall be mitigated to an amount between 25 and 50 percent of that assessed for a first violation where negligence is shown. Any knowing violation or a subsequent negligent violation (not necessarily involving the same client) will result in no mitigation.
H. If the other statute violated provides for a personal penalty, the violator shall incur an additional monetary penalty under this section equal to such personal penalty or $30,000, whichever is less.
I. Penalties assessed under this provision are not limited to violations just involving Customs business as defined in the statute.
J. Mitigation guidelines.
1. If the other law violated moves only against property, mitigate the penalty using guidelines in effect for the other statute violated. For example, if the broker is responsible for a 401 seizure of merchandise valued at $45,000, he incurs a penalty of $30,000. The guidelines for remission of the 401 forfeiture are applicable to mitigation of the broker penalty. Thus, if the forfeiture is remitted upon payment of 5 percent of the merchandise's value, the penalty will be mitigated upon payment of a like amount.
2. If the other law violated provides for a personal penalty, mitigate the broker penalty using guidelines in effect for the other statute violated.
A. If the law violated by another moves only against property, a monetary penalty equal to the domestic value of such property or $30,000 whichever is less, may be imposed against the broker who counsels, commands or knowingly aids and abets such violation.
B. If the law violated provides for only a personal penalty against the actual violator, a penalty may be imposed against the broker in an amount equal to that assessed against the violator, but in no case can the penalty exceed $30,000.
C. If the broker is assessed a penalty under the statute violated by the other person, he may be assessed a penalty under this section in addition to any other penalties.
D. Examples of violations of this subsection:
1. A broker counsels a client that certain gemstones are absolutely free of duty and
2. A client imports $15,000 worth of merchandise by vessel. The merchandise is unladen at the wharf but Customs has not appraised or released it. Customs informs the broker that the shipment must be held for an intensive examination. The broker informs the client that the merchandise can be moved and delivered to the consignee. The broker assures his client that he will handle all the necessary paperwork. The merchandise is moved from the wharf. The broker is subject to a $15,000 penalty for counseling and inducing his client to violate the provisions of title 19, United States Code, section 1448 and title 19, United States Code, section 1595a(b).
E. Mitigation—Follow guidelines applicable to the other penalty or forfeiture statute involved.
A. A broker has 30 days to seek approval of the Secretary for such employment. If he seeks the approval within such time, no penalty will be assessed.
B. A $5,000 penalty for knowingly employing any convicted felon and failing to make application with the Secretary approving such employment within 30 days of the date of discovery of the felony conviction.
C. A $25,000 penalty for knowingly employing any convicted felon without seeking approval for employment.
D. A $30,000 penalty for knowingly employing any convicted felon and continuing to employ same after approval has been denied (generally revocation or suspension of the license would be appropriate under this circumstance).
1. If he seeks approval of the Secretary within 30 days after discovery of the existence of the conviction, no penalty will be assessed.
2. If he seeks approval at some time after 30 days from the date of discovery, a $5,000 penalty would lie.
3. If he does not seek approval until after Customs becomes aware of the violation, a $25,000 penalty would lie.
4. If he seeks approval, but is denied, and continues to employ the convicted felon, a $30,000 penalty would lie.
F. Customs discovery of a felony conviction. If Customs discovers the felony conviction and there is no indication that the employer is aware of same, Customs may inform the employer of such conviction. Discretion should be used in divulging this information.
G. Mitigation will only be permitted from the $5,000 penalty as follows:
1. If the application for approval is submitted within 60 days, but after 30 days, mitigate to $2,000.
2. If there is no application beyond the 60-day period, no mitigation shall be granted. Continued employment will result in further penalties as described above in sections E.3 and E.4.
A. An unsubstantiated accusation by a client is inadequate basis to assess any penalty under this section of law.
B. A $30,000 penalty should be imposed for any violation of this section.
C. Mitigation—Inasmuch as evidence of intent must be shown before a penalty can be imposed, no mitigation should be permitted if a violation is found to lie. A petition for mitigation could be entertained only on the issue of whether such violation did, in fact, occur.
B. A $10,000 penalty may be imposed pursuant to section 1641(b)(6) because the revocation by operation of law results in the broker conducting Customs business without a license. No penalty liability would be incurred specifically under section 1641(b)(5).
C. Mitigation—Grant no mitigation from any penalty incurred by a broker for conducting Customs business without a license as a result of revocation of that license by operation of law.
B. Penalties may be imposed for violation of the provisions of 1641(d)(1)(C), violation of other laws enforced by Customs. Guidelines for imposition of penalties for conducting Customs business without a permit should be followed.
C. Mitigation—No mitigation should be permitted from any penalty imposed for failure to have a permit when the permit lapses by operation of law.
A. Standards of responsible supervision and control shall be issued by the Commissioner of Customs. Statutory authority to set such standards is provided by section 1641(f).
All penalties assessed for violation of 1641(b)(4) shall also cite section 1641(d)(1)(C) as the statute violated in all notices issued to the alleged violator.
B. The following penalty amounts shall be assessed against brokers who fail to exercise responsible supervision and control over business conducted at district level.
1. A penalty of $1,000 against any broker who:
a. Continuously makes the same errors on a particular type of entry;
b. Fails to properly instruct employees about Customs business, thereby resulting in the filing of incorrect entries or the mishandling of transactions relating to Customs business;
c. Knowingly allows his entry bond to be used to effect release of merchandise in districts where he does not have a license or permit (this is imposed in addition to any penalty for conducting Customs business without a license);
d. Fails to comply with regulations or procedures but does not commit violations that would warrant any higher penalty amount as described below.
2. A penalty of $5,000 against any broker who, when requested, is unable to produce documents relating to specific Customs business which are material to that business (e.g., if the business regards an entry he should have the invoice, packing list, etc.). This requirement excludes documents not required to be kept by a broker.
3. A penalty of $5,000 against any broker who is unable to satisfy the deciding Customs official that he has a working knowledge of any operation material to his ability to render valuable service to others in the conduct of Customs business.
Examples include:
a. A working knowledge of all automated systems in use in the district;
b. A knowledge of the cash flow procedures in each district of operation;
c. Retention of copies of all surety bonds in proper form and in sufficient dollar amount;
d. Knowledge of filing systems and document record storage in each district;
e. Continuous monitoring to ensure timely payment of all obligations including duties, taxes and refunds.
4. A penalty of $5,000 against any broker who fails to exercise responsible supervision and control over the Customs business that it conducts as defined in section XI.C. of this appendix.
5. A penalty of $10,000 against any broker who is found to have failed to maintain satisfactory accounting records or records of documents filed with Customs on any matter.
C. The following factors shall be indicative of a lack of supervision or lack of working knowledge of Customs procedures (the list is not conclusive):
1. A high rate of entry rejections when compared with other brokers in the permitted district.
2. A high rate of late filing liquidated damages cases when compared with other brokers in the permitted district.
3. In the case of entry summaries filed in the broker's name, a high number of missing document cases when compared with other brokers in the permitted district.
4. An inordinate number of entries for which free entry is claimed, but no documentation supporting such claim is submitted, resulting in liquidation of the entries as dutiable.
5. Inability to assist or failure to cooperate with an audit, including failure to provide all records and any other necessary information pertaining to a broker's Customs business to assist auditors.
6. Failure to settle (including petitioning) liquidated damages claims in a timely manner.
7. Evidence to indicate that timely duty refunds to clients are not made or accounted for and adequate records of same are not kept (usually will result in penalty assessed in accordance with section B.5. above).
8. Employing a licensed individual for a minimal number of days each 120- or 180-day period (see sections 1641(b)(5) and 1641(c)(3) so as to avoid violation of the statute.
a. For purposes of imposition of penalties under this subsection, a minimal number of days shall be 10 working days for each 120-
b. It shall be presumed that temporary employment of such a licensed individual is undertaken solely to avoid revocation of a license or permit. Such minimal employment shall be
D. Mitigation.
1. $1,000 penalties shall not be mitigated unless the broker can show that extraordinary mitigating factors are present.
2. $5,000 penalties for failure to produce documents may be mitigated to an amount between $2,000 and $3,500 if the documents are produced but not in a timely fashion. No mitigation shall be afforded if the documents are not produced, unless the broker can satisfactorily demonstrate that such failure to produce was caused by circumstances beyond the control of the broker or his client (e.g., a rupture of relations with the party responsible for generating the documents). Full mitigation shall be afforded in the case of destruction of records by events beyond a broker's control, such as theft, flood, fire or other acts of God.
3. $5,000 penalty for failure to have a working knowledge of any operation for which a broker is licensed to do business may be mitigated to a lesser amount upon a showing by the broker that steps have been taken to improve instruction and supervision of employees and an improvement in the knowledge of his operation occurs.
4. $5,000 penalty for failure to exercise responsible supervision and control may be mitigated to a lesser amount if the broker immediately corrects the problem which was the basis for the assessment and sufficiently monitors the situation to avoid recurrence.
5. $10,000 penalty for failure to maintain satisfactory accounting records will only be subject to mitigation in full if the broker can prove that satisfactory accounting records and documents records are being kept. Mitigation in a lesser degree may be afforded upon a showing by the broker that a
6. Penalty equal to the value of monies not properly paid or accounted for.
a. If the broker shows that the monies were paid or accounted for and requisite notifications were made, albeit in an untimely fashion not to exceed 30 days after any due date, the penalty may be mitigated upon payment of 25 percent of the assessed amount, but no less than $250.
b. If the monies were paid and notifications made more than 30 days after any due date, the penalty may be mitigated upon payment of 50 percent of the assessed amount, but not less than $1,000.
c. If there is no proof of proper payment of duties, refunds, etc., no mitigation shall be granted.
A. A broker shall be penalized a maximum of $30,000 for any violation or violations of the statute in any one penalty notice.
B. If a broker is penalized to the maximum the statute will allow and continues to commit the same violation or violations, revocation or suspension of his license would be the appropriate sanction. Barring such revocation or suspension action, he may again be penalized to the maximum the statute will allow.
C. From any one audit, the maximum aggregate penalty for all violations discovered is $30,000.
Whenever multiple penalties arising from a particular fact situation or pattern are contemplated against brokers or individuals operating in different districts, the cases may be consolidated in one district. Approval for consolidation must be sought from the Trade Policy and Programs, Office of International Trade.
A monetary penalty incurred under section 593A, Tariff Act of 1930, as amended (19 U.S.C. 1593a; hereinafter referred to as section 593A), may be remitted or mitigated under section 618, Tariff Act of 1930, as amended (19 U.S.C. 1618; hereinafter referred to as section 618), if it is determined that there exist such mitigating circumstances as to justify remission or mitigation. The guidelines below will be used by Customs in arriving at a just and reasonable assessment and disposition of liabilities arising under section 593A within the stated limitations. It is intended that these guidelines will be applied by Customs officers in prepenalty proceedings, in determining the monetary penalty assessed in the penalty notice, and in arriving at a final penalty disposition. The assessed or mitigated penalty amount set forth in Customs administrative disposition determined in accordance with these guidelines does not limit the penalty amount which the Government may seek in bringing a civil enforcement action pursuant to 19 U.S.C. 1593a(i).
A violation of section 593A occurs when a person, through fraud or negligence, seeks, induces, or affects, or attempts to seek, induce, or affect, the payment or credit to that person or others of any drawback claim by means of any document, written or oral statement, or electronically transmitted data or information, or act which is material and false, or any omission which is material, or aids or abets any other person in the foregoing violation. There is no violation if the falsity is due solely to clerical error or mistake of fact unless the error or mistake is part of a pattern of negligent conduct. Also, the mere nonintentional repetition by an electronic system of an initial clerical error will not constitute a pattern of negligent conduct. Nevertheless, if Customs has drawn the person's attention to the nonintentional repetition by an electronic system of an initial clerical error, subsequent failure to correct the error could constitute a violation of section 593A.
There are two degrees of culpability under section 593A: negligence and fraud.
(i) In the case of fraud, an amount equal to the actual or potential revenue of which the United States is or may be deprived as a result of overpayment of the claim; or
(ii) If the violation resulted from negligence, an amount equal to the interest computed on the basis of the prevailing rate of interest applied under 26 U.S.C. 6621 on the amount of actual revenue of which the United States is or may be deprived during the period that begins on the date of overpayment of the claim and ends on the date on which the person concerned tenders the amount of the overpayment.
Notwithstanding section 514, Tariff Act of 1930, as amended (19 U.S.C. 1514), if the United States has been deprived of lawful duties and taxes resulting from a violation of section 593A, Customs will require that such duties and taxes be restored whether or not a monetary penalty is assessed.
(a) Obstructing an investigation or audit.
(b) Withholding evidence.
(c) Providing misleading information concerning the violation.
(d) Prior substantive violations of section 593A for which a final administrative finding of culpability has been made.
(e) Failure to comply with a Customs summons or lawful demand for records.
(i) State that the person has violated section 593A;
(ii) Explain the nature of the violation; and
(iii) Warn the person that future violations of section 593A may result in the imposition of monetary penalties and that repetitive violations may result in removal of certification under the drawback compliance program until the person takes corrective action that is satisfactory to Customs.
(i) An amount not to exceed 20 percent of the loss of revenue for the first repetitive violation that occurs within three years from the date of the violation of which it is repetitive;
(ii) An amount not to exceed 50 percent of the loss of revenue for the second repetitive violation that occurs within three years from the date of the first of two violations of which it is repetitive ; and
(iii) An amount not to exceed 100 percent of the loss of revenue for the third and each subsequent repetitive violation that occurs within three years from the date of the first of three or more violations of which it is repetitive.
In compliance with the mandate of the Small Business Regulatory Enforcement Fairness Act of 1996, under appropriate circumstances, the issuance of a penalty under section 593A may be waived for businesses qualifying as small business entities. Procedures that were established for small business entities regarding violations of 19 U.S.C. 1592 in Treasury Decision 97-46 published in the


text:
The US has gone feckin nuts if this is true.
The family of a 7-year-old New York boy is suing police and the city for $250 million, saying cops handcuffed and interrogated the boy for ten hours after a scuffle over lunch money at school.
Wilson Reyes, a student at Public School 114 in the Bronx reportedly got into a fight with a fellow student in December after he was accused of taking $5 of lunch money that had fallen on the ground in front of him. Responding to a complaint of assault and robbery, the police were called and took the boy to the local police precinct where officers allegedly handcuffed and interrogated him for ten hours, according to the lawsuit.
"Imagine how I felt seeing my son in handcuffs," Wilson's mother, Frances Mendez, told the New York Post. "It was horrible. I couldn't believe what I was seeing," she said.
The claim, filed by family attorney Jack Yankowitz, accuses the NYPD, among other things, of false imprisonment, physical, verbal, emotional and psychological abuse, and deprivation of Reyes' constitutional rights.
Robbery charges against the boy were later dropped, and the NYPD, though it disputes the accusations in the suit, is investigating the incident.
7-Year-Old Handcuffed Over $5, Says Suit | ABC News Blogs - Yahoo!

subset: commoncrawl


text:
Talk to the Can: an audio device for laptops and cellphones
Listen and talk through this nostalgic tin can phone. Harness Can over IP technology to converse via Skype, Google Talk, & cellphones
Talk to the Can: an audio device for laptops and cellphones
Listen and talk through this nostalgic tin can phone. Harness Can over IP technology to converse via Skype, Google Talk, & cellphones
The Story
A tin can phone that plugs into your computer, cellphone or tablet- and works! Yes, you can actually talk to people with it- we keep calling our friends. Click on one of the options to the right to pre-order a Can- they should ship in July!
Ah, the simpler times: times where the only phone to manage was connected to the end of a piece of twine stretched from your secret tree-fort clubhouse directly to the kitchen to request more snacks. If only communication was still so simple. In this age of digital technology, we've found the best way to reconnect is with can-over-IP technology through a device we refer to as 'The Can.'
The Can harkens back to the golden years of simplicity while providing users some modern affordances. The string gives way to the power of the USB cable, providing endless entertainment for both sides of the conversation. The Can is particularly effective for video chats with important business clients and other mission critical video conference applications.
Great for privacy, the Can keeps others from hearing your conversation; you must press the can to your ear in order to hear your friends' voices. The microphone won't pick up a lot of background noise either; you can talk directly into the Can to transmit your voice clearly. A sustainably harvested tin can and cutting edge electronics mingle to create this timeless work of digital fodder.
So join the Club of the Can, and enjoy the fruits of this unique form of communication. With the purchase of a Can you automatically become a member of the Can Club. Membership has a number of advantages, but the first 100 members to purchase 1 or more Cans are automatically invited to our Can launch party at Can Club HQ in San Francisco.
The Details
The Can comes in a number of different configuration for different applications.
The Can Club Kid: for the on-the-go user, the Mini Can is a somewhat diminutive can (a runt, if you will) that fits conveniently into your bag or purse. With a standard TRS connector for direct connection to popular cellphones, the Mini Can is perfect for that added spice for important video chats with friends and colleagues via your cellphone.
The Can Club Community Edition: The bold original, good for a quick chat or a romantic video conference, this Can is the people's Can. A high speed USB port allows this can to connect with any Mac or PC. A quality speaker and microphone provide the highest quality digital audio ever produced by a can phone.
The Can Club Commander: Too important to wait around all night by the Can? The Commander not only connects to Macs or PCs via a convenient USB connection but also provides notification of missed chats. A subtle glowing notifies Commanders of missed calls, thus keeping you abreast of the fast moving digital world.
The Can Club Trump Edition: Tin cans really aren't your bag, but palatial places carved from marble and gilded with gold leaf are your thing? Well, we have the Can for you. The Trump Edition is a matched set of 24k gold plated cans with matching cases, engraved with a message of your choosing. Impress your CEO friends by phoning them with this Can from your G4 jet high above the ocean on your way to your private island in the South Pacific.
The Commander and Mini posing for the camera
Does it actually work?
Yes! Both cans shown in the video are working prototypes, and the first revision of the controlling USB circuit board is done. So rest assured- the science is done, we just need the sales!
Where do the cans come from?
In short, we really like the taste of canned cream corn. The cans mostly come from our love of this mid-western ambrosia.
Isn't it annoying to switch between your hand and your mouth?
No. Don't you want to have any fun? Anyway, you don't have to use it that way- if you turn the Can Community up loud enough, you can hear the person on the other side without switching. Just a useful hint.
Who's the guy in the video and pictures?
Beauford Shackleton is his name. He's Monkey Wrench Design's shop foreman and chief safety officer. Born in rural Arkansas, Beaudford says the Can brings back fond memories of his "rearin" every time he uses it. While Beauford generally doesn't approve of having "graven images" made of himself, he's made an exception for this. Beauford loves the Can Mini and claims (without basis) that it extends his cellphone battery and increases his CB's range in the hills.
Where is this going to be made?
Long before words like outsourcing and offshore CM were a part of the English language, there were cans. Cans were made in America along with string and were intended to feed and entertain children. We aim to continue this long lineage of American-made can-based entertainment by manufacturing The Can in San Francisco.
Why the big funding goal?
In short, making things in the U.S. is expensive, and making things in San Francisco is even more expensive. We want to manufacture locally so that we can control the quality of the Can and easily dial in each component as we design for manufacturing. That means rather than sending emails, we pay visits to our manufacturers -- if we don't make it in our own shop! Without the $30k goal we can't pay for the tooling and vendors, nor keep Beauford happy with plenty of Bud while he assembles your Can.
Why is this a product?
Why is a cold beer better on a hot day? There are things in this universe that can't be explained with science or reason. Some things are just what they are and that's it. The Can Phone is one of these things. For some reason people have been very entertained by the prototype Cans. We hope to make the world a better place by giving other people the joy we experience when conversing through The Can.
Have any Hollywood celebrities been seen using the can?
Does anyone in the press care about this?
Actually yes. See these articles:
Funding period
- (45 days)


text:
Ibanez TSA30 Tube Screamer 30W 1x12 Tube Guitar Combo Amp
Sku #H81994000001000
Tube Combo Guitar Amplifiers
- Write a Review
45 day price guarantee, 45 day return policy, 100% secure shopping
Preamp distortion, power amp distortion, Tube Screamer distortion, it's all in there.
The Ibanez Tube Screamer 30W tube guitar amp is here, we aren't sure why Ibanez didn't do it years ago. The Tube Screamer overdrive pedal is considered mandatory by a whole generation of guitarists, and now it's built right into the circuitry of their new series of a tube driven amplifiers. Perfectly matched with Celestion speakers, this TSA can do it all. It will produce a rich, clear tone, or drop ˜em down into overdrive and the tube saturation will delight the toughest of the old school tone snobs.
You can beef up the Tube Screamer vibe with the 6db of gain provided by the boost switch. Ibanez Tube Screamer amps can create natural clean sounds, fat crunch tones and warm smooth overdrive tones with the modified Tube Screamer circuit built right into the amp. The new TSA30 30W Tube Amp features a full 3 band EQ and separate Volume and Gain controls for distortion at any level.
- Tube Screamer controls: Level, Gain and Tone
- Amp controls: Gain, Bass, Middle, Treble and Volume
- Footswitchable Tube Screamer
- Footswitchable 6db boost
- Genuine Tube Screamer circuit built into the front end
- 1 - 12" Celestion speaker
- 2 - 12AX7 preamp tubes
- 2 - 6L6 power tubes
Start screaming today, call or click to order.


text:
I am trying to track down the first published solution to the following problem:
What curves within the unit disc in the plane and endpoints on the unit circle, minimize their length (within the ball) while dividing the area of the ball into two regions of a given ratio?
The solution is, of course, circular arcs orthogonal to the unit circle.
The only complete solution and proof that I've been able to find is embedded in a much stronger theorem within "Stability for Hypersurfaces of Constant Mean Curvature with Free Boundary" by A. Ros and E. Vergasta, Geometriae Dedicata, volume 56, 1995. But I suspect that there is an earlier proof for this specific case.
If anyone can point me in the right direction, I would very much appreciate it.
Edited for clarity of problem.


text:
2 entries
Articles Published on February 5, 2014
Members of the U.S. postal service protest against the privatization of mail through Staples. This would leave thousands of US mail branch employees unemployed, and U.S. mail in the hands of non-union Staples employees. What is being asked is for Staples to hire the USPS Union employees as either managers of the Staples postal branches, to manage and train the Staples employees, or to be hired to work inside the Staples postal branches.


text:
Cloud Services
Intelligent Transport Systems as defined by Directive 2010/40
In DownloadFriday, 20 July 2012 13:57
Intelligent Transport Systems (ITS) can significantly contribute to a cleaner, safer and more efficient transport system. A new legal framework ( Directive 2010/40/EU) was adopted on 7 July 2010 to accelerate the deployment of these innovative transport technologies across Europe. This Directive is an important instrument for the coordinated implementation of ITS in Europe. It aims to establish interoperable and seamless ITS services while leaving Member States the freedom to decide which systems to invest in.


text:
Hi WordPress Ward Members!
It's time for our Ward Social Link-up Party this month!
Each 4th Saturday you can post a link to your own blog post that you want to share with other bloggers. The link can be on ANY topic as long as it is "anything virtuous, lovely, or of good report or praiseworthy." [Articles of Faith #13]
Please comment below with one link to your blog post this month. Then read at least one other person's link and comment on their blog.
Please only post links that follow our blog standards.
Do you know a good Mormon WordPress blogger? Please send them this way!
Have you done the recent month's "Blog Teaching"?
Happy Blogging!


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Difference between revisions of "Eagle Crag"
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|Line 108:
Revision as of 12:12, 2 February 2012
Park 100 m or so before the chalet and do not block the road. Walk to the residents parking area of the chalet, just before the wooden bridge/deck, go left into the bushes, you will find a small trail leading past a boulder. The path goes up a bit before heading right. To get to Eagle Crag climbs, leave the trail and head up through the grass and bushes.
Crag Photo
Route List
|Take It Easy
|18; 20; 11
|FA: Grant Murray and Mike Cartwright (1994)
|1. 18 (40m; 13D) Scramble up a slab to a ledge. Walk across to the left-hand side of the ledge and you will find the first bolt tucked away in some gnarly rock, just after the smooth face ends. Climb straight up to a large ledge. Continue straight up the steep, narrow slab bounded on the left by a right-facing corner and on the right by vegetated rock. At the top, just below a small overhang, make a couple of moves to the right and then step down to a 1-bolt belay on a large boulder. Just to the right is a large ledge at the base of the overhanging Red Wall.
2. 20 (25m; 15D) From the stance, clip the last bolt of the previous pitch and then climb up diagonally left to a position under the small overhang. Pull through on small holds then continue more easily up the face, past a tree to the anchors. This is an exposed pitch with excellent climbing.
3. 11 (25m; 6D) Climb up the buttress keeping the arête on your right. Towards the top, tend left to reach the anchors. This pitch takes you to the top of the crag, but most people don't bother and ab off after the second pitch.
|Riding Fences
|FA: Mike Cartwright and Grant Murray (1994)
|This route starts a few metres right of 'Take It Easy'. Scramble up the slab to the ledge. Walk towards the right-hand side of the ledge. The first bolt is (currently) partly hidden by the leaves of a tree that brushes against the rock face. Climb the steep pocketed face then continue more easily tending right towards the top. Scramble up onto the ledge and descend as for the last ab of 'Take It Easy'.
The Red Wall
At the top of the first pitch of 'Take It Easy' there is a large ledge comfortable at the base of the huge, right-facing corner. Anyone attempting these lines should be very capable of soloing up to the ledge. The over-hanging wall forming the left-hand side of the corner is known as the Red Wall. It has two bolted lines that are now open projects.
|Open Project - Grant's Red Wall Project (aka Mass Extinction)
|Bolted by Grant Murray
|The line of bolts up the left-hand side of the steep Red Wall. 30 metres of steep climbing on crimps and flakes, take a stick clip! Probably 32/33 ish.
|Open Project Rat's Red Wall Project
|Bolted by Mike Cartwright.
|The line of bolts up the right-hand side of the steep Red Wall. Rock looks quite bad on this one.
|A Steyn On Our Reputation
|FA: Jacques Raubenheimer ; Alex Steyn; Laurent Marais (1995)
|This route lies about 30m to the right of 'Take It Easy' and just to the right of the huge right-facing corner that incorporates the Red Wall. Scramble up a somewhat vegetated section for about 5m to reach the ledge at the bottom of the face proper and start in a left-facing corner below the huge right-facing corner mentioned above – this is the last part of the descent from 'Take It Easy'.
For this route and the next one, Jacques R comments that it makes more sense to swop the top (fourth) pitches of both routes, although they are described here as they were opened
|A Steyn-less Route
|FA: Jacques Raubenheimer and Hennie van Zyl (1999)
|This route shares the same first pitch as 'A Steyn on Our Reputation'.
1. 16 (25m) Climb the corner, passing some ab chains on the left, about 6m up. Continue up to the large ledge at the base of the Red Wall projects and belay at some more chains.
2. 18 (30m) Climb the open book / crack to the right of the Red Wall projects. Continue up to the tree below the roof. Gear is sparse.
3. 17 (25m) Climb up from the tree into the chimney to place a #3 Rock and a small Friend behind a large chockstone. Extend these with a long sling - they are the only protection for the traverse. Downclimb to just above the tree then traverse out from under the big roof with your feet on the slight rounding on the face. Once clear of the roof, continue up the crack with bomber pro until you get to the ledge and tree.
4. 12 (25m) Climb straight up the face to the top.
Descend as for the previous route.
|Hennie Boekwurm
|FA: Jacques Raubenheimer and Hennie van Zyl (1999)
|This route takes the first pitch of 'A Steyn on Our Reputation' and follows the first 2 – 3m of the second pitch of 'A Steynless Route' before breaking left behind the huge pillar on which 'Take It Easy' is located. The object is to traverse through behind the pillar and then up the other side. Don't bother with this one unless you like led-out, uncomfortable chimneys.
1. 16 (25m) Climb the corner, passing some ab chains on the left, about 6m up. Continue up to the large ledge at the base of the Red Wall projects and belay at some more chains.
2. 18 (20m) From the chains move left to the big crack/open book. Climb the crack for 2 – 3m and as soon as the angle eases there is a point where you can traverse left and through the gap between the pillar and the face. Climb up slightly until you get to a good block at a tree.
3. 13 (30m) Chimney up until you get to the top. Belay from a tree. There is not much protection except for a sling around a tree just past half way.
4. 9 (10m : 9) Scramble up onto the pillar.
To descend, use the chains on 'Take It Easy' or walk off to the right and then down the Eagle's Head gully. The next route is located on the good-looking steep yellow walls up and right of the chalet, about 50m right of the big arching, right-facing corner (Red Wall).
|Dark Desert Highway
|FA: Mike Cartwright (1994)
|One of Everest's best lines on some gorgeous golden rock! If standing by the Arendskop chalet, you can see a nice yellow wall with a bulging brown upper part. This climb takes the middle of this, passing a roof at half-height. It's a bit of a bush-wack to get to the face..Start up the boulders then move left onto the face. The second pitch is still an open project.
|Open Project - Running For the Door Project
|28; 28, ?
|Bolted by Mike Cartwright
|Start about 20m to the right of 'Dark Desert Highway'. Seems to feature a demon dead-point dyno to a gnarly little pinch on the first pitch - open project.


text:
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1 min read


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Amy Willerton
We begin the week with another British beauty as our HotPic. Folks, meet Miss Amy Willerton.
It seems as if Amy has always been in the spotlight, having been crowned Miss Bristol when she was only 17 years old. From then on, she competed in pageants around the world and also volunteered for many charities. On top of being socially-conscious, she's also an amazingly beautiful girl and works as a model and TV personality. This is one star we don't see burning out.
Become a fan of hers on Instagram, Facebook, Twitter and her own official website.


text:
Ranchers Insurance
Get in touch.
We build clean, simple websites that make your brand look great. If that's what you need, get in touch!
Let's Talk.
Located in Logan, Utah & serving businesses of all sizes - large & small.
24 S. Main St.
Logan, UT 84321
"We LOVE Kite Media!! Our business, Anderson Garage Doors, has grown tremendously since they took over our SEO services. They have great ideas and are always willing to help us with any problems or concerns. Garrett and Adam are always available to talk to us and we really appreciate how they look after our business. We never have to worry about anything. We highly recommend Kite Media!"
- Jim & Kristy Anderson, Anderson Garage Doors
"Amazing service! Incredible to work with. These guys know their stuff! Been doing business with Garrett and his crew for several years. Always been very pleased with their efforts! Hope to do business with them for many years to come!"
- Bryce Rounds, St. George Insurance
"Working with Kite Media for our SEO & PPC has been a great experience. They were immediately able to come in and improve several of our keywords in the rankings. They were able to adjust a lot of the keyword bids and reduced our cost-per-click on some words significantly while keeping us high in the search results. They have been able to fine-tune our account since day one to try and get us the best results possible. Organic visits to our website have been trending upwards since they took over! I highly recommend their services!"
- Jordan Connor, Kubex Fitness
"Garrett, Dusty, Colten, and the Kite team are very responsive. Having experienced other less than par web development companies, it has been a breath of fresh air working with the Kite team. They keep the sites and PPC up to date for our multiple companies. Thanks, Kite team."
- Brian Bartholomew, Bartholomew Enterprises


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Your browser does not support iframes.
When: Aug. 27
Where: Maysville CC
What: The Braves golf team placed 10th out of 23 schools in the Mason County Invitational. Cody Kellam led the Braves who placed ninth overall in the tournament.
When: Aug. 24
Where: Eagle Creek Country Club
What: The Braves golf team lost by one stroke to the Colonels. Tim Livingood and Cody Kellam were co-medalist, shooting a 39, four over par on the front nine at Eagle Creek County Club.
When: Aug. 28
Where: Heritage Hills CC
What: Sarah Kellam and Macy Wright were the only two golfers for Grant County High School at the Bullitt East Invitational. Kellam shot an 81 and was tied for 18th place. Wright shot a 99 and tied for 55th place. There were a 101 golfers at the tournament.
When: Aug. 27
Where: Centerville (Ohio) High School
What: The Braves cross country team opened the season in Centerville, Ohio with a night race. The boys placed 10th out of 18 schools and the girls placed 12th out of 14 schools.
When: Aug. 27
Where: Holmes High School
What: The Williamstown cross country team ran their first race of the season at the Licking River Run in Covington.
Results: Chris Brann 21:43.84, Katie Butler 29:04.00,Belle Ridder 31:56.00, Jacob Roundtree 23:50.00, Justin Perkins 25:24.00.
Judge Steve Bates' team won the Grant County Sheriff's Shop With A Cop Golf Scramble Aug. 18 at Eagle Creek Country Club. The event raised $5,000 for underprivileged children to shop with troopers during the Christmas Holidays.
Grant County High School sophomore Derek Sutherland was named the player of the week for week one. He had 12 tackles and two pass break-ups. The award is sponsored by Carolyn Thomas Thompson, State Farm Insurance.
On Aug. 20, a keeper camp was held at the Grant County Park in Crittenden.
Grant County Lady Braves Mackenzie Tucker and her assistants, Sierra Schmitt and Braves Jordan Kearns facilitated the event.
The event was free to anyone in the Grant County Youth Soccer League. During the event, participants were divided into three age groups, U8, U10 and U13. Each group rotated to stations that were set up by Tucker and crew.
The Williamstown Lady Demons will be hosting the All-A Classic Sept. 3 at Williamstown High School.
The Lady Demons open up the volleyball tournament playing Gallatin County at 10 a.m. in the high school gym.
Other teams in the tournament include Walton-Verona, Eminence, Trimble County, Owen County and Carroll County.
"We are going to have to play at our full potential," coach Wes Staff said. "Gallatin hung in with us and if we can beat them and get past Walton-Verona, we have a good chance of winning the tournament."
After falling to 0-3 on the season with a 5-0 loss to Scott County Aug. 25 at Grant County Middle School, Braves soccer coach David Schmitt has the team working on the fundamentals of soccer.
Schmitt said the team looked like they were making progress after a 1-0 loss to Harrison County on Aug. 23, but with the loss to the Cardinals, it was more like a step backwards.
"Hopefully, we will get that turned around with a couple of wins this week and gain some intensity and confidence," he said.
Copyright © 2019
The Grant County News is your source for local news, sports, events, and information in Dry Ridge, KY and the surrounding area.


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Traditional Irish Music
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KALAMAZOO, Mich., Oct. 4, 2012 /PRNewswire/ -- Stryker Corporation announced today that it has launched a revolutionary computer assisted surgery system, Stryker ADAPT™ for the Gamma3™ Locking Nail System.
Gamma3 nails are used to treat hip fractures, which are breaks in the upper end of the femur (the thighbone). There are approximately 300,000 hip fractures a year in the United States, and they are most commonly caused by falls or from direct impact to the side of the hip.1
The Gamma3 Locking Nail System consists of a cephalomedullary nail, a lag screw and a distal locking screw. The cephalomedullary nail is placed into the canal of the femur, and then the lag screw is placed through the nail and into the neck and head of the femur. The lag screw and nail together help unite the fracture, allowing it to become more stable to help promote proper healing.
Studies have shown that proper positioning of the lag screw in the femoral head is an important aspect of achieving positive patient outcomes. Failure of a cephalomedullary nail may occur if the lag screw has not been properly placed within the femoral head. A "cut out" of the lag screw in the femoral head is one potential result, which may necessitate a revision surgery.2
During conventional hip fracture surgery, surgeons use mechanical instruments and x-ray images to place the nail and lag screw. Stryker ADAPT is a computer assisted surgery system designed to assist surgeons in lag screw positioning by using Stryker's proprietary Adaptive Positioning Technology. The system automatically identifies the Gamma3 Locking Nail relative to the patient's anatomy and provides computer guidance to assist the surgeon with implant alignment, lag screw length and lag screw positioning.3
"We are pleased to offer the ADAPT/Gamma3 technology which assists surgeons to more accurately position the lag screw, with no significant difference in procedure time,"3 said Jim Bruty, Senior Director of Marketing, Stryker Navigation. "In addition, the number of x-ray images taken during the procedure can be reduced, which could potentially reduce the radiation exposure for the patient and the operating room staff."3
Stryker ADAPT for Gamma3 has been proven to assist surgeons in more accurately positioning the lag screw, regardless of their level of clinical experience.3 "Optimal lag screw placement has been identified as the primary factor in prevention of lag screw cut out," said Dr. James Maxey, orthopaedic surgeon in Peoria, IL. "The combination of clinical research, trauma engineering and elegant positioning technology allows novice and expert surgeons to accurately place the lag screw. The Stryker ADAPT system is a great innovation and advance in hip fracture repair."
"The Gamma System of implants and instruments has a 20-year history of continuous innovation to help surgeons achieve positive patient outcomes for hip fracture care," said Ken Gavlick, Senior Director of Hip Fracture Marketing, Stryker Trauma & Extremities.
Stryker ADAPT was designed specifically for use with Stryker's Gamma3 Locking Nail System and does not work with any other device. To learn more about Stryker ADAPT for Gamma3, please visit www.stryker.com/navigation.
- Wolters Kluwer Health UpToDate Website:Hip Fractures in Adults. Authors: Kevin E. Burroughs, MD and Katherine M. Walker, MD.
- The value of the tip-apex distance in predicting failure of fixation of peritrochanteric fractures of the hip. MR Baumgaertner, SL Curtin, DM Lindskog and JM Keggi. J. Bone Joint Surg. Am. 77:1058-1064, 1995.
- Internal Report. Stryker Osteosynthesis. Improved lag screw positioning in the treatment of proximal femur fractures using a novel computer assisted surgery method. January 2012. A series of cadaveric studies was conducted by Stryker to assess the impact of the ADAPT system on the lag screw placement during a Gamma3 surgery. In total, 45 surgeries were performed. The position of the lag screw within the femoral head and neck was assessed and analyzed using post-operative CT scans. The cadaveric studies were held at the Texas Health Research & Education Institute in Dallas (TX), USA on Sept. 9th and 10th, 2010 and at the Academy for Medical Training and Simulation, Luzern, Switzerland on April 4th and 5th, 2011.
About Stryker Corporation
Stryker is one of the world's leading medical technology companies and is dedicated to helping healthcare professionals perform their jobs more efficiently while enhancing patient care. The Company offers a diverse array of innovative medical technologies, including reconstructive, medical and surgical, and neurotechnology and spine products to help people lead more active and more satisfying lives. For more information about Stryker, please visit www.stryker.com.
Tamara Cutler
Vice President, Public Affairs
A surgeon must always rely on his or her own professional clinical judgment when deciding whether to use a particular product when treating a particular patient. Stryker does not dispense medical advice and recommends that surgeons be trained in the use of any particular product before using it in surgery.
The information presented is intended to demonstrate the breadth of Stryker product offerings. A surgeon must always refer to the package insert, product label and/or instructions for use before using any Stryker product. Products may not be available in all markets because product availability is subject to the regulatory and/or medical practices in individual markets. Please contact your Stryker representative if you have questions about the availability of Stryker products in your area.
SOURCE Stryker


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zh-CN:Wayland Template:Article summary start Template:Article summary text Template:Article summary heading Template:Article summary wiki Template:Article summary wiki Template:Article summary end
Wayland is a new windowing protocol for Linux. Utilization of Wayland requires changes to and re-installation of parts of your system's software. For more information on Wayland see its homepage.
Currently Wayland will only work with on a system that is utilizing KMS.
Wayland is most probably installed on your system already as it is an indirect dependency of gtk2 and gtk3. If it is not installed, you will find the wayland package in extra.
As Wayland is only a library, it is useless on its own. To use it, you need a compositor (like Weston), Weston demo applications, Qt5 with Wayland plugin, and/or GTK+ with Wayland support.
You need to install weston from community.
Now that Wayland and its requirements are installed you should be ready to test it out. Try switching to a terminal and running:
$ weston-launch
You may also try exporting the following, if having problems with hardware drivers:
$ export EGL_DRIVER=/usr/lib/egl/egl_gallium.so
It is possible to run Weston inside a running X session:
$ weston
Then at a TTY you can run the demos. To launch a terminal emulator:
$ weston-terminal
To move flowers around the screen:
$ weston-flower
To test the frame protocol (runs
$ weston-gears
To display images:
$ weston-image image1.jpg image2.jpg...
To display PDF Files:
$ weston-view doc1.pdf doc2.pdf...
GUI libraries
You need to install gtk3 from extra, which now has the Wayland backend enabled.
With GTK+ 3.0, GTK+ gained support for multiple backends at runtime and can switch between backends in the same way Qt can with lighthouse.
When both Wayland and X backends are enabled, GTK+ will default to the X11 backend, but this can be overridden by setting the
GDK_BACKEND environment variable to
Remove libcanberra if you get segmentation faults when running gtk applications. A fix for these segfaults has been committed as of 9 Nov 2012, so presumably as soon as 0.31.0 comes out, this should not be necessary anymore. The AUR contains a working git based libcanberra-gitAUR if you want to keep the functionality.
You need to install qt5-base and the wayland plugin - qt5-qtwayland-gitAUR.
To run a Qt5 app with the Wayland plugin, set QT_QPA_PLATFORM=wayland-egl.
The Clutter toolkit has a Wayland backend that allows it to run as a Wayland client. The backend is in the master branch of the main repo and can be activated by passing
--with-flavour=wayland to the configure script.
Benjamin Franzke is working on a port of SDL to Wayland, it's available in his sdl-wayland repo on freedesktop.org. Further development upon Benjamins work was done by Andre Heider in his wayland branch of libsdl.
EFL has complete Wayland support. Please see here for details.
Window managers and desktop shells
There is early work to make it possible to run KWin (KDE's window manager) on Wayland.
GNOME is currently ported to Wayland and will be available in a future version. For details look into the GNOME Wiki.


text:
OSHKOSH, Wis.--(BUSINESS WIRE)--Jan. 15, 2013--
Oshkosh Corporation (NYSE: OSK) will hold its 2013 annual shareholders'
meeting at 8:00 a.m. CST on Tuesday, January 29, 2013, at the EAA
Aviation Center in Oshkosh, Wis.
The meeting, highlighted by remarks from Charles L. Szews, Oshkosh
Corporation chief executive officer, will be simultaneously available
via webcast. To access the webcast, go to www.oshkoshcorporation.com
at least 15 minutes prior to the event. Informational slides used at the
meeting will be available on the Company's website in conjunction with
the webcast.
About Oshkosh Corporation
Oshkosh Corporation is a leading designer, manufacturer and marketer of
a broad range of specialty access equipment, commercial, fire &
emergency and military vehicles and vehicle bodies. Oshkosh Corporation
manufactures, distributes and services products under the brands of
Oshkosh®, JLG®, Pierce®, McNeilus®,
Medtec®, Jerr-Dan®, Oshkosh Specialty Vehicles,
Frontline™, CON-E-CO®, London® and IMT®.
Oshkosh products are valued worldwide in businesses where high quality,
superior performance, rugged reliability and long-term value are
paramount. For more information, visit www.oshkoshcorporation.com.
®, ™ All brand names referred to in this news release are
trademarks of Oshkosh Corporation or its subsidiary companies.
Source: Oshkosh Corporation
Oshkosh CorporationFinancial:Patrick DavidsonVice
President of Investor Relations920.966.5939orMedia:John
DaggettVice President of Communications920.233.9247


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Sunday Sweets For My Dad
We all know dads' tastes are just as diverse as, well, non-dads, so when it came time to choose today's Sweets I decided to hone in on one specific dad: mine.
So, here 'tis: Father's Day Sweets for my dad, Jim Yates. But the rest of you can feel free to look, too. :)
Hey, Dad, remember that time the neighbor's little boy snuck in to our house, grabbed your guitar, and dragged it down the sidewalk? Ah, good times.
And remember how you'd take me for rides on your motorcycle? The turns always scared me, but I loved having my very own kid-sized helmet, and the thrill of climbing into the seat behind you, hanging on for dear life, and thinking maybe my parents weren't quite so embarrassing, after all.
Our truck was DEFINITELY not this cool.
And for the record: that tie + that shirt = perfect.
(Bet you were expecting a goat cake, huh?)
(I like to think my geeky lineage came full circle when John and I brought you and Mom to Dragon*Con last year - thus starting a yearly tradition, perhaps?)
Sub'd by Stacey R., made by nice icing
Hey, two out of three ain't bad, right?
(Oh, and see you at Dragon*Con.)


text:
Like Aversion?
I read that on Tuesday Madonna was booed by the crowd after she showed up two and a half hours late to her own concert.
So to properly honor the pop star, I've decided to post today's wreck two and half hours late, at which point you can all boo it.
Just kidding. What kind of jerk makes makes people wait two and a half hours for the entertainment they paid a lot of money for??
(By the way, you all owe me a lot of money.)
Oh, and in the original photo, Willem Dafoe-in-drag is staring at his giant nipple.
I cropped that out.
You're welcome.
Thanks to Christine M. for the material hurl.