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- The Court of International Trade Rejects Customs' Prior Rulings on Retail Sets in Reusable Containers
- April 11, 2012 | Author: Karolien M. Vandenberghe
- Law Firm: Thorp Reed & Armstrong, LLP - Philadelphia Office
Cosmetic Sets Return to the Essentials. The Court of International Trade Rejects Customs' Prior Rulings on Retail Sets in Reusable Containers. Estée Lauder, Inc. v. United States, No. 07-00217 (Ct. Int'l Trade, Jan. 3, 2012).
A recent opinion of The United States Court of International Trade clarified the rules related to the classification of articles imported as a "set" and took issue with an eight-year interpretation of the "set" rule by Customs, holding that the Agency's interpretation was not in accordance with the plain letter of the law. The issue was raised when Estée Lauder challenged the classification of an article marketed for retail sale as a "Blockbuster" cosmetic set. The set contained several cosmetics (lipstick, gloss, nail polish, and blush) together with application tools (pencils, brushes, and applicator), imported in a zippered case which was capable of reuse. In classifying a set, the law directs that Customs apply the rate of duty to the entire set that is applicable to the article (or sub-set group of articles) within the set that imparts the set's "essential character."
At the administrative level, Customs took the position that the "sets" rule did not apply to the "Blockbuster" cosmetic set and that each of the articles was to be separately classified. In litigation, Customs added the alternative argument that if the article was to be classified as a "set," the "essential character" of the set was the carrying case, which, by no coincidence, carried the highest rate of duty (20% ad valorem). Estée Lauder took the fairly straightforward position that the "sets" rule did apply and that the essential character of the article was imparted by the cosmetics which were allowed duty-free entry.
According to the Explanatory Notes (EN) to the HTSUS, which act as an interpretive aid, goods put up in sets for retail sale consist of articles put up together to meet a "particular need or carry out a specific activity."
The Government argued that the Estée Lauder position was incorrect for two reasons. First, it argued that the cosmetic products and the container were not "mutually complementary" and "were not adapted to be used together" as, in its view, was required to be shown. The cosmetic case had no loops or compartments to hold the items, or a built-in mirror for the purpose of applying make-up. Second, the government argued that a container of a set had to be specifically designed to hold the items of the set and that, in this case, the case was too large for the items of the set. The government pointed to Customs' prior rulings with regard to retail sets in containers, and further argued that, by reason of its interpretation of the HTSUS and the EN in prior cases, its continued application here accorded the decision what is known as "Skidmore treatment." Skidmore v. Swift & Co. 323 U.S. 134 (1944), cited by, and applied to Customs decisions in United States v. Mead Corp., 533 U.S. 218, 228 (2001). The Skidmore decision holds that the weight accorded to an administrative judgment in a particular case will depend upon the thoroughness evident in its consideration, the validity of its reasoning, its consistency with earlier and later pronouncements, and all those factors that give it power to persuade.
The Court held in favor of Estée Lauder. The Court held that the article was to be classified as a set and that the essential character of the set was the make-up, not the carrying case. While the Court agreed with Customs that goods in retail sets "must be so related as to be clearly intended for use together or in conjunction with one another for a single purpose or activity," it held that the facts that the case was not specifically adapted to its contents and that it was larger than the cosmetics it contained were not determinative of its classification as retail set, declining to follow Customs' prior rulings under Skidmore.
The Court first agreed with Customs' interpretation that goods in sets must be put together to meet a particular need or specific activity. The Estée Lauder cosmetic set met the definition of "retail set" provided for in GRI 3(b) and the EN. The retail set rule of GRI 3(b), which applies to "goods put up in sets for retail sale," recognizes that imported retail sets are packaged and sold as units while containing multiple components. The EN to GRI 3(b) explain that the term "goods put up in sets for retail sale" shall mean goods that: a) consist of at least two different articles that are, prima facie, classifiable in different headings; b) consist of products or articles put up together to meet a particular need or carry out a specific activity; and c) are put up in a manner suitable for sale directly to users without repacking." Only the second condition was disputed before the Court. In this part of the judgment, the Court considered that Customs' Informed Compliance Publication (ICP), on the Classification of Sets (2004), was convincing. The ICP stated that goods that are put together to meet a particular need or specific activity, "must be so related as to be clearly intended for use together or in conjunction with one another for a single purpose or activity." The Court decided that the Estée Lauder cosmetic case consisted of "products or articles put up together to meet a particular need or carry out a specific activity," i.e., applying make-up.
Second, the "essential character rule" of GRI 3(b) had to be applied in order to determine under which single heading the retail set had to be classified. According to the EN, the factor that determines essential character will vary depending on the goods. It may, for example, be determined by the nature of the material or component, its bulk, quantity, weight or value, or by the role of a constituent material in relation to the use of the goods. In this case, the Court decided that that the essential character of the cosmetic set derived from the make-up components of the set.
Third, the Court rejected Customs' interpretation that container and contents are "mutually complementary" and that a container's size is "not appreciably larger than its contents" in order to decide that it is part of a set made out of "goods that are put together to meet a particular need or carry out a particular activity." The Court considered Customs' position to be fundamentally flawed with regard to containers of retail sets and, based on its analysis of the GRI 3 (b), the EN, and Customs' prior rulings, the Court declined to follow Customs' position. The Court pointed out that Customs had erroneously added a requirement for composite goods, the requirement of mutual complementariness, to retail sets in reusable containers. To the extent that Customs' ICP stated that a container must be "specifically designed to hold" and "intended to be used together," the Court decided that these requirements had no statutory basis. With regard to the ICP's requirement that a container must not be appreciably larger than that required to hold or carry the accompanying articles, the Court ruled that that any size restriction lacked a rational basis in the language of the statute or the EN. The Court concluded that the only requirement that could apply to a container of a set was the requirement of being put together to "meet a particular need or carry out a particular activity."
Since the Court found that the eye make-up, and not the brushes, applicators or the case, gave the set its essential character, it decided that the proper classification for the entire set was under the duty-free provision of subheading 3304.20.000 covering eye make-up preparations. The facts that the case was not specifically adapted to its contents and that the case was larger than the cosmetics it contained were not determinative for its classification as retail set.
An appeal was filed on March 8.


text: ridemotox4 Posted June 29, 2009 I had a pretty weird accident on Saturday morning. Here's the story I was on my pitbike, and I was doubling into a whoops section at a track in New York. I hit the second set of doubles and my front end cut to the right, making me about to eat complete crap. So, me being the blonde that I am, I put my right leg out to save me from hitting the little kid next to me. Bad move! I both heard and felt my knee pop. I bee lined for the camper, and toppled off the bike, and pulled my gear off. my right knee was swollen on the inside of it and then the outside. Funny thing is - I can walk on it, I can bend it a little bit, but I can't bend it past a 90 degree angle. I can't straighten it completely either. It feels extremely weak, like things are pulling and pushing against each other and grinding on each other. We went to the ER on the way home, they said they think my knee cap may have dislocated and then popped back in, and I should be fine. It seems to be getting worse :/ The pain is the greatest when I try to bend it past a 90. Any idea? Thank you Dr. Mark Share this post Link to post Share on other sites

subset: commoncrawl


text:
NIKKI - Tanker
What is the ship's current position? Where is the ship located? NIKKI current position is 51.26164 N / 4.36005 E on Dec 11, 2018 19:12 UTC.
Are you interested in the sailing schedule of the NIKKI ship?
The NIKKI's port of calls and sailing schedule for the past months are listed below as detected by our live AIS ship tracking system. Currently the vessel NIKKI is on her next destination to MARSHALLDOK and the estimated time of arrival (ETA) is around Dec 9, 06:40. VesselFinder also gathers and keeps detailed information about ship movement history (e.g ship track) for the past 7 days (max).
More detailed historical ship movement AIS records are available on request.
Port Calls
|Last Port Call
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NIKKI current position and history of port calls are received by AIS. Technical specifications, tonnages and management details are derived from VesselFinder database. The data is for informational purposes only and VesselFinder is not responsible for the accuracy and reliability of NIKKI data.
Embed a map and track this ship in real time
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Phoenix-based wide-format printer and cutter manufacturer Mutoh America announces the hiring of Andrew Lewellen as its new MarCom (marketing and communications) and promotions administrator.
Working underneath director of sales and marketing David Conrad, Lewellen's responsibilities will be dealer and sales support, social media, event coordination and website maintenance. Lewellen will also support the growing marketing efforts in Mutoh America by working one-on-one with industry partners.
The company says his social media, customer service and technology makes him the perfect fit for the position.
"I am excited for the opportunity to bring my customer focus experience and passion for technology to Mutoh. I plan to maintain the company's vision, while finding new ways to reach prospective buyers and building rapport with our existing customer base." says Lewellen.
He can be contacted at email@example.com.


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Bound is a 3D platformer designed for people with the desire to concentrate on the narrative side of games and experience a mature story. On the other side of the spectrum, Bound is also being prepared for hardcore gamers looking for the challenge of one big puzzle that can be only solved by a community of players working together.
The game takes place inside the mind of a woman who is revisiting her childhood memories. In the game's world, the main character is a princess who is following the orders of her mother, the Queen, to vanquish a monster that is destroying the world.
According to the game's creative director, "everything in the game is a big metaphor", and there are scenes in the game that show real life, and not the game's world.
07/06/2018 at pm1:09
A wonderfully short game to experience that feels more sensory than sensical. It is an abstract experience with strange landscapes to venture through with all the fluid motions of a modern ballerina, which the mocap for this game translated well in presenting all these neat little ticks and extraneous motions that add personality to the player's character. Despite its linear experience, the story is anything but as it unfolds through fragmented memories and metaphors that the player has to put together for what ends up being still an incomplete picture. It's unique, made all the better for its short playtime, I think.


text:
Influencer Marketing Blueprint - PDF
Influencer marketing can be defined as the practice of marketing products or services through people who have the ability to influence consumers. It involves identifying and building relationships with influential individuals who can sway your customers' purchase decisions.In this ebook, you will learn about:What is Influencer Marketing? How Influencer Marketing Can Benefit Your BusinessTrends in Influencer MarketingWhy Isn't Everyone Using Influencer Marketing? Tools to Find Great...
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Note: You must have Adobe Reader or Acrobat Installed to see this Preview


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i have this phone and i have a problem every time i try to download an app from android market there comes a msg in notification area that downloading unsuccessful.
is there any solution?
agrashi, 14 Oct 2010hello, please help me i lock my phone with google account and i forget my passwords now its r... moregoogle account name then NULL!
i somewhere red that se ceo made a statement surprise is coming.is it about froyo on x10?
hamid, 14 Oct 2010hi i buy this phone and its prefect
By the way SE Product Blog has shown a video of 2.1 in action...
wheres that SE 5inch qwerty. man SE has taken a nap for to long. if somebody knoes something about this than please write down.
eijat, 14 Oct 2010Roar : so i need to download that application right.is it google maps suitable for xperia x10 ... moreIt should be in the application menu already. It's labeled "Maps". It will automatically download the maps of wherever you are, when you activate it...
Roar..., 14 Oct 2010I use Google Maps only for my GPS functions...Roar : so i need to download that application right.is it google maps suitable for xperia x10 gps?and how about kuala lumpur or malaysia maps?? is have it?i will try and give the feedback soon..thankz yaa..
eijat, 14 Oct 2010hi anyone..i a new in android and also in xperia x10... i have bought a new xperia x10..it's h... moreI use Google Maps only for my GPS functions...
hi anyone..i a new in android and also in xperia x10... i have bought a new xperia x10..it's have very nice design.. and my question is what is the best application for gps for this phone?i try to use a wisepilot application..is this a application for gps?but its not working..i stay at kuala lumpur..can anyone help me regarding this problem??
[deleted post]Ryan... The xperia is an outdated phone judging by today's standards but that is"thanks" to the manufacturer who has failed to provide proper support for their high-end device. This handset will achieve it's true potencial with the future upgrades. And i would not mind my Galaxy having xperia's design and camera... Then my Galaxy would be perfect.
[deleted post]I have pick it up in those countries I have visited...
[deleted post]hi mate!! #245 how is it going, take care, bye:)
Phoenix, 14 Oct 2010no it wont get MT and nothing is clear about 16m color yetSince X10 is capable to show 16M color, SE should consider this. If SE will not be able yet to include this feature in OS 2.1 upgrade, SE should include this in UXP upgrade to roll out early next year. SE must remember that X10 user like me had spent a lot of money to buy X10. I am very happy with my X10 even without MT and even without the 16M colors because the screen res is already absolutely beautiful but who does not want 16M colors anyway on a phone?
Anonymous, 14 Oct 2010That is what I call being in the darkness and start loving it but when the light appear, you n... moreno one said that 1.6 is better than 2.1 or 2.2 as i recall, we all know that 2.1 and 2.2 is much better than 1.6 so please dont start another arguement buddy, if some thinks that 1.6 is enough for him that doesnt mean he's in darkness! some people dont need the best of everything. tell the truth and leave them to themselves. every one khows that 2.2 is much cooler and faster, he's not foolling people
hello, please help me i lock my phone with google account and i forget my passwords now its request me to enter my google account, i cant access any thing. Please help me if anyone one knows what to do?
gww, 14 Oct 2010HI bro.. I'm back.. I've bought the X10.. And i love it... ^^ Lucky i listen to your advise.. ... moreyou're absolutely welcome mate, i'm glad you like it, enjoy it :)
xXx, 13 Oct 2010Hi, most of the phones were released in the same time X10 hit the shelves don't have second... moreno it wont get MT and nothing is clear about 16m color yet
Roar..., 14 Oct 2010As I am using X10 for over two months now, I don't think the Android 1.6 is that bad, it's jus... moreThat is what I call being in the darkness and start loving it but when the light appear, you noticed that you were lost.
Between 1.6 and 2.1 they is a huge different. In 2.0 comes with multitouch, pinch zoom, 16M colors, HD Video which is far better than 1.6 still even with the upcoming 2.1 on x10 what so funny only HD Video will be available.
Again 2.2 is rolling on most high end devices. Which is far much better than 2.1 like 5 or 2 times faster 2.1with more featurings like adobe flash 10.
And Gingerbread will be release next week but you still talking about 1.6 I see, you took so long in the darkness that you cannot see far than 1.6 what a shame.
SE user need android 2.2 not even 2.1 and forget about 1.6 OKAY?
gww, 14 Oct 2010I got the black version.. ^^ I like the white colour de.. But i scare it will turn yellowish..... moreI have the Luster White. On my previous phone W850 Golden White color, I had it for three years, and it never turned yellowish. It stay the same in it's life span...


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Secret Places
Judges select the top images in Berkshire Magazine's photo contest
Berkshire Magazine presents the winning images in the first Secret Places in the Berkshires photo contest. Entries were reviewed by a panel of judges: Christina Rahr Lane, former picture editor at Orion Magazine and currently independent picture editor and visual consultant; Kim Hubbard, former senior photo editor for National Geographic and Audubon and currently curator at Stanmeyer Gallery and Shaker Dam Coffeehouse; and Anastasia Stanmeyer, editor of Berkshire Magazine.
The three winning photos are here, along with all nine honorable mentions. They will also be on exhibit at Stanmeyer Gallery, with an opening reception on Saturday, January 5, 2-4 p.m. Part of the entry proceeds will be donated to Pleasant Valley Wildlife Sanctuary.
1st Place, Dana Goedewaagen, End of Summer
2nd Place, Ben Mancino, Silva Nebula
3rd Place, Jay Rhind, Umpachene Falls
Honorable Mentions below.
(Click on the image to enlarge it and to see the photographer's name and photo title.)


text: I long for the days when I could plug my tablet into the computer and transfer files in any quantity (including directories) as I pleased. My Asus tablet File Manager insists that I be on wifi and limits file transfer in ways that interfere with work pretty badly. Can anyone tell me how to overcome the file manager and get control? Any help would be greatly appreciated. This is super inconvenient. I've done a lot of googling and gotten nowhere.


text:
Inclusiveness for whom? The relevance of creating a demand for ICT based adult learning
Sara Williams, Neil Selwyn & Stephen Gorard, School of Social Sciences, Cardiff University, Wales.
Paper presented at SCUTREA, 30th Annual Conference, 3-5 July 2000, University of Nottingham
For the last decade the UK governments drive to establish a Learning Society has been centred upon notions of inclusion. Thus it is acknowledged that the creation of a Learning Society depends upon widening and not just increasing participation in lifelong learning. Academic and policy-makers are in general agreement about who is currently excluded from participation, and therefore who the policies of inclusion should be aimed at. These policies have tended to be concerned with removing the barriers that prevent these specific groups of the population from participating in learning. Moreover, in this quest to facilitate easier access to lifelong learning for all, policy makers are increasingly turning to Information and Communications Technology (ICT). It is envisaged that by providing a flexible alternative to more traditional forms of education and training, ICT can provide a means of overcoming existing barriers to participation, particularly barriers of time, space and pace (Essom and Thomson 1999). We have argued elsewhere that, to a large extent, these hopes are unfounded at present, with inequalities of access to ICT reinforcing rather than ameliorating these existing barriers (Selwyn & Gorard 1999, Gorard & Selwyn 1999). In this paper we move on to consider a potentially more significant flaw in this approach stemming from the demand, rather than the supply side of the equation.
Using early findings from two studies carried out in Cardiff (one funded by the Spencer Foundation and one by the ESRC),
this paper will express the concern that ICT is being treated, both by the government and some educators, as a magic button for the answer to the problems of social inclusion in lifelong learning. However, our emerging evidence suggests that this is not the case, as such an approach ignores the role of demand. The paper will therefore examine the problems inherent in any initiative that attempts to widen participation in adult learning by instituting changes on the supply side alone.
The supply side of ICT based adult learning - whats on offer?
There are a number of different programmes designed to provide technology based learning to all sectors of society, including the University for Industry (UfI) and its learndirect brand-name, the Peoples Network of libraries, the National Grid for Learning, and various digital and virtual colleges. Most recently, organisations such as the BBC and NIACE have been active in staging campaigns to promote both the use of ICT and adult learning and it has been announced that up to 1000 ICT Learning Centres will be opened across the country by 2001. Against this UK-wide policy-scape, in Wales the Digital College (or Coleg Digidol) is also being introduced as a technologically based centre for adult learning which emphasises extending learning opportunities through digital television broadcasts and the Internet. Like other similar initiatives, widening participation is one of its chief aims:
Anyone interested in learning new skills vocational or non-vocational would be able to benefit and exciting and effective access procedures would be put in place to attract and support traditionally non-participating groups such as the young unemployed and adult returners. (Digital College 1998, p.15)
It is monitoring the development of the Digital College, and its success in widening participation, that is at the heart of our on-going project. Our research is concerned with examining not only the demand for the digital college, but also the techniques employed by the digital college in order to attract non-participants. We will turn to this research at a later point in the discussion. First, however we need to consider why the demand side of the equation is so important.
The need to bring demand back into the adult learning equation
In addition to being ICT based providers of learning opportunities, initiatives such as the Digital College and UfI have something else in common they are all supply led initiatives. In this way they have all been established on the assumption that providing easy access to learning opportunities away from the confines of traditional educational institutions would open up learning resources to all sectors of society; effectively leading to greater social inclusion. However, recent work suggests that the role of technical barriers to participation in adult learning is far more complex than this approach would suggest (Gorard et al. 1999a, 1999b). Above all, this approach neglects another key barrier which also prevents people from engaging with learning opportunities dispositional (or motivational) barriers. If the problem is based upon people not wanting to participate then it is difficult to envisage how these supply led schemes are going to be successful in terms of widening participation. If particular individuals are not well disposed towards the notion of learning then removing other more tangible barriers such as cost and so on will have very limited effect (Gorard & Selwyn 1999). As barriers of any kind are, by definition, more effective against the less motivated, it is not clear how merely making changes on the supply side will tackle this significant barrier. It can be strongly argued, therefore, that in order for these schemes to succeed, it is not enough to simply supply new and innovative learning opportunities, there must also be a demand for them.
It is significant that in a recent debate on the Information Age at the National Assembly for Wales, one assembly member commented that providing the equipment and facilities to all members of society was the easy bit. Putting the necessary infrastructure into place and ensuring that everyone in the population has access to the necessary facilities, despite being in itself a tall order, is arguably a minor obstacle in comparison to the major challenge of stimulating demand and motivation. In a similar vein, with specific regard to the University for Industry, Robertson (1998, p.10) argued:
Government interventions of an institutional nature have not made much impression hitherto on the intractable problem of demand side resistance to training in the UK. The terrain is littered with the burned-out remnants of doomed supply-side initiatives.
Using examples from earlier supply-side interventions, Robertson contends that little has been learned from past failures and that for such initiatives to work, the problem of demand side resistance to training and education must be tackled. He further argues that [a] combination of structural and cultural inhibitors has produced in the UK a familiar pattern of limited individual motivation, provider inertia and lack of responsiveness (Robertson 1998, p.14)
Demand side resistance - the centrality of learner identity
There is a growing body of evidence suggesting that such dispositional and motivational barriers are, at present, as much of a hurdle to the establishment of a learning society as structural and institutional barriers. Recent studies into lifelong learning point to the importance of learner identities as a determinant of participation (Edwards et al. 1993, Titmus 1994, Gorard et al. 1998). With this in mind, this section of the paper will explore the possible reasons for this limited individual motivation using interview data from the recently completed Cardiff-based ESRC funded study into lifelong learning 1.
Rees et al. (2000:11) argue that decisions about whether or not to participate in post compulsory education tend to reflect deep-seated attitudes towards learning in formal settings, such as educational institutions and work places. In this respect, moves to provide ICT based learning opportunities away from these formal educational settings might prove to be beneficial. However individuals learner identities could be more complex than this centring upon notions of whether or not learning or training is relevant to them. Of course this aspect of learner identity can also be linked to early experiences of participation in education. There is evidence to suggest that an individuals relative success or failure at school has a significant effect on learner identity, with those who fail frequently coming to see learning as irrelevant (Rees et al. 1997, 2000). For example, when asked whether or not they had considered participating in any form of adult learning, one non-participant replied that he had not because:
Im not brainy I suppose .. Well I never looked to be honest.
This quotation illustrates not only that the individual had a negative learner identity, he is not brainy enough to participate, but also that he has not considered that participating in any form of post compulsory education is relevant to him, well I never looked to be honest.
Fevre et al. (1999) argue that among sections of the population there is a common tendency to devalue formal education and training. For example:
I havent got a GCE or BSc or whatever theyre called these days .. but as I say you dont have to be academic to be able to do things.
For many it is common sense and experience, rather than formal education and training, that is seen as central to carrying out ones job effectively. As such, many non-participants were at a loss to understand how participating in education could benefit them. The following is a particularly telling example of this, specifically the respondents comment that education is still a waste of time as far as Im concerned. This comment suggests that the respondent has always felt education to be an irrelevant option for him.
you asked me about getting education .. which I think would be a foolish thing for me to do really Its still a waste of time as far as Im concerned. You see them on the news like that woman of 70 or 80 getting a degree or something. What for, like? She has wasted hours .. to go and do something like that at her age is a complete waste of a couple of years of her life.
For those who do not have jobs, education and training is also frequently dismissed as irrelevant. For example one young unemployed man in his early twenties commented, basically I need work before I need college. However it is significant that the relevance of lifelong learning was also questioned by some of those still in full time continuous education. Although participating in immediate post compulsory education might be relevant in terms of helping them to secure employment upon leaving, its value after this point was frequently questioned. For example one undergraduate student, when asked whether she would continue with learning after completing her present studies responded:
Probably not .. I like studying but I dont like it that much! [laughs] Not to be doing it eternally but for the time being its fine, yeah. (emphasis added)
This final comment also lends further support to the central question of this paper that is; if people do not want to participate, whether this is because they feel that they would not benefit or because they feel that it is simply not a suitable option, how will supply-led initiatives help? In particular, how will ICT based schemes fare given the further barrier associated with the actual use of the technology itself. We have seen how individuals characterise adult learning as not for them, it remains to be seen whether the same people are convinced by the value and relevance of ICT. In the next section of this paper we shall discuss the strategies employed by one of these ICT based initiatives, the Wales Digital College, to attract and recruit learners.
The Wales Digital College Strategies for recruiting learners through ICT
The Wales Digital College is an ICT based broker and provider of learning opportunities with the aim of widening participation in adult learning through the use of exciting and effective access procedures (Digital College 1998, p.15). As participation figures are not yet available we are unable, at present, to test empirically whether or not this goal has been achieved. However we have argued elsewhere that the way in which the Digital College presents itself to potential learners is of vital importance to its success (Gorard et al. 2000). This section will therefore examine current strategies to recruit learners along with a brief analysis of the facilities currently offered by the Digital College. This will allow us to make some tentative comments regarding the likely success of their aims to widen participation.
Publicity for the Digital College has been remarkably low-key. Despite its commitment to driving demand (Digital College 1998) there has not yet been a high profile marketing campaign akin to the campaign surrounding the launch of the Ufi pilot in the North East of England (Milner et al. 1999). Of course, this may be explained, in part, by the fact that the official launch date of the Digital College has been consistently rescheduled from its original target of mid 1999. Indeed, respondents have reported a certain degree of uncertainty among the staff of the digital college itself as to when it will be fully operational, although it is generally anticipated that it will now not be before Autumn 2000. Nevertheless, to date the Digital College has utilised three main ways of raising its public profile and beginning to recruit learners: the staging of a conference in early 1999; the production of a promotional leaflet; and the launch of its on-line presence on the Internet.
The two-day Digital College Conference in January 1999 saw the launch of the public face of the Digital College. It is not without significance then that the main focus of this conference was ostensibly upon building links with the business community. Indeed, the conferences title Wales Digital College Network The Conference (emphasis added) reflects this. The conference was opened with an address by Professor Bob Fryer, chairman of NAGCELL and executive director of the UfI, who stressed that concerns to widen participation in lifelong learning should remain at the heart of the Digital College project:
We cannot be seen to merely attract the usual suspects, to do so would be deeply hypocritical. (Fryer 1999)
However even in terms of the conference itself, these concerns largely remained at the level of rhetoric. The remainder of the conference was concerned with the business of running a digital college and little further reference was made to issues of widening participation. In the numerous discussions and seminars on the practical day-to-day running of the Digital College few attempts were made to discuss how the goal of widening participation might be translated into practice. It was apparent throughout that the conference was essentially a public relations exercise in which the Digital College was chiefly concerned with marketing themselves towards business. Two other things stood out. First of all the Welsh language slant of the conference was striking, as was the strong emphasis on the importance of increasing business oriented skills throughout Wales. It is significant that the focus was upon increasing productivity and promoting economic growth in Wales, whereas arguments for widening participation in terms of promoting greater equity and social justice were neglected.
A more sustained public face of the Digital College has been provided through the Internet. Although digital broadcasting will eventually form the backbone of the Digital College, most initial development has focused upon the use of the Internet. At present, along with making telephone enquiries to the Digital College, visiting their website via the Internet is the principal way in which a potential user may engage with the Digital College. However, as yet neither of these may be particularly effective means of recruiting disaffected learners or new users. Several informants expressed their frustration when telephone enquiries proved to be far from enlightening. The receptionist was unable to answer even the most basic questions about the most basic functions and purpose of the Digital College, such as what courses it offered and how to enrol on them. It also transpires that the Digital College is currently catering for Welsh language learners alone.
The Welsh language emphasis is also evident on the Digital Colleges website, where the only resources currently available are for Welsh language. We have argued elsewhere that this emphasis on Welsh language learning could be seen as an attempt to provide content for which a ready audience, and therefore demand, is known to exist (Gorard et al. 2000). However despite the (rather limited) provision of Welsh language resources, the Digital Colleges website is primarily concerned with administrative matters. Much of the website is password protected and is presently concerned with the day to day running of the Digital College rather than stimulating demand for lifelong learning. It is significant that the two dominant features of the Digital College conference a concern with the business side of the college and with Welsh language provision is also clearly reflected on its website.
The third strategy employed by the Digital College to recruit potential users has been a promotional leafleting campaign. However in terms of stimulating demand, the appropriateness of this method is also questionable. To begin with, the leaflet has been largely dispatched to those individuals who have made initial enquiries to the Digital College, whether via a telephone call or the Internet; in other words individuals who are already switched on to the idea of participating in ICT based learning. Secondly the leaflet, which is produced in association with the NTL telecommunications company, is more concerned with promoting the technology rather than lifelong learning. It is also worth noting that photographs on the leaflet depict various individuals and families engaging with digital learning in plush homes with oak mantle fire surrounds and thousands of pounds worth of audio and visual equipment clearly on display.
In sum, it is not easy to see how the current strategies employed by the Digital College will stimulate demand. It is noteworthy then that they have recently commissioned a market research company to investigate the current demand for the facilities that it intends to offer. This of course, is a positive move as it reveals that the significance of demand for ICT based learning has at least been recognised. However this investigation into the demand for the Digital College is also framed in a very supply side way. Rather than considering how demand might be stimulated, it is concerned with tapping into the existing demand and with monitoring what the demand might be for the services that the institution intends to supply. In addition, the market research is currently concentrating on the readers of a magazine aimed at learners of the Welsh language, students at a further education college in Mid Wales and to Young Farmers groups throughout Wales. Two of these groups are already learners by definition.
One of the emerging themes from our on-going work into the Welsh Digital College is that, despite all the hyperbole surrounding the use of ICT in adult learning, the practical implementation of such programmes is proving more haphazard. The ever-changing official launch date is testimony to this and means that, as yet, we have been unable to obtain data on the users of the digital college. This will form the next stage of our research. Nevertheless, our initial observations coupled with our earlier ESRC-funded research would suggest that learner demand is unlikely to be significantly altered without a fundamental shift in individual, and indeed cultural, attitudes towards the value of learning. Thus, in light of the observations made in this paper the Digital Colleges goal of widening participation in adult learning in Wales appears, at least in the short term, to be a tall order.
Crucially, given the centrality of the problem of demand-side resistance to adult learning, if the Wales Digital College and similar initiatives are to succeed, this demand side problem must be tackled. Indeed, there are signs that the importance of creating demand is beginning to be recognised now that the initial rush of technological enthusiasm is dying down. In the Third National Report of the National Skills Task Force one of the recommendations was that the promotion and encouragement of lifelong learning should be greatly increased particularly in terms of individuals who could most benefit from learning but are reluctant to become involved. (NSTF 2000, p.7)
Nevertheless, relying on innovative means to stimulate demand as at present can only ever tackle problem in small way; it is apparent that individual learner identities run much deeper than this and the culture of non-participation needs to be tackled on a wider scale. At the moment, the introduction of ICT-based programmes would not seem capable of (or even specifically focused on) solving this problem. To expect a wide-scale technological fix to the issue of educational inclusiveness would, therefore, appear foolhardy. The establishment of a fully inclusive learning society cannot simply depend upon finding a magic button, or a technical fix but needs to be approached in a broader, more comprehensive way by policymakers and educationalists alike.
1 - The data presented in this section were collected as part of research carried out as part of the ESRCs Learning Society Programme (grant L123251041). The remainder of the paper also draws on an on-going project made possible by a grant from the Spencer Foundation (SG#199900305). The statements made and the views expressed are solely the responsibility of the authors
Digital College (1998), The University for Industry and Wales: a Partnership Challenge Cardiff, Coleg Digidol Cymru.
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Fevre, R., Gorard, S. and Rees, G. (1999), Necessary and Unnecessary Learning: the acquisition of knowledge and "skills" in and outside employment in South Wales in the 20th century in F.Coffield (ed.) The Necessity of Informal Learning, Bristol, Policy Press
Fryer, R. (1999), Practical Implications of the Learning Age in Wales, speech given to the Wales Digital College Network Conference, Cardiff, January 1999
Gorard, S. and Selwyn, N. (1999), Switching on the Learning Society? Questioning the Role of Technology in Widening Participation in Lifelong Learning, Journal of Education Policy, 14, 5, pp.523-534
Gorard, S., Rees, G., Fevre, R., and Furlong, J. (1998), Learning trajectories: Travelling towards a learning society? International Journal of Lifelong Education, 17, 6, 400-410
Gorard, S., Rees, G. and Fevre, R. (1999a), Two dimensions of time: the changing social context of lifelong learning, Studies in the Education of Adults, 31, 1, 35-48
Gorard, S., Rees, G. and Fevre, R. (1999b), Society is not built by education alone: alternative routes to a Learning Society, Research in Post-Compulsory Education, 3, 1, 25-32
Gorard, S., Selwyn, N. and Williams, S. (2000), Must Try Harder! Problems Facing Technological Solutions to Non-Participation in Adult Learning unpublished paper, Cardiff University mimeo
Milner, H., Hillman, J., Pearce, N. and Thorne, M. (1999), Piloting the University for Industry. Report of the North East Project, London, Institute of Public Policy Research
National Skills Task Force (2000), Tackling the adult skills gap: upskilling adults and the role of workplace learning Suffolk, DFEE
Rees, G., Fevre, R., Furlong, J. and Gorard, S. (1997), History, place and the learning society: Towards a sociology of lifetime learning, Journal of Education Policy, 12, 6
Rees, G., Gorard, S., Fevre, R. and Furlong, J. (2000), Participating in the Learning Society: History, place and biography in F. Coffield (ed.) The Learning Society Programme: Volume 2, Bristol, Policy Press
Robertson, D. (1998), The University for Industry: a Flagship for Demand-Led Training or another Doomed Supply-Side Intervention?, Journal of Education and Work, 11, 1, pp.5-22.
Selwyn, N. and Gorard, S. (1999), Anyway, Anyhow, Anywhere: Overcoming the Barrier of Space in Adult Education Through the Use of ICT? in Merrill, B. (Ed) The Final Frontier: Exploring Spaces in the Education of Adults Warwick, SCUTREA
Titmus, C. (1994), The scope and characteristics of educational provision for adults in Calder, J. (Ed.) Disaffection and Diversity. Overcoming barriers to adult learning, London, Falmer


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St Stephen's dithers on waiving hostel fees of disabled students
Disabled students of St Stephen's College are still waiting for clarity on whether their hostel fees will be waived, as instructed by Delhi University guidelines issued in February.delhi Updated: Mar 19, 2013 00:59 IST
Disabled students of St Stephen's College are still waiting for clarity on whether their hostel fees will be waived, as instructed by Delhi University guidelines issued in February.
The university's executive council in November 2012 passed a resolution that students with physical disabilities will be eligible for full waiver or concession in hostel fees, whether in university or college hostels. A notification was sent out to colleges on February 7.
However, in colleges such as St Stephen's, students still have no clarity on the matter. "I have already paid my hostel fees for the first part of the academic year. But I refused to pay the rest since we are eligible for the waiver," said a student on condition of anonymity.
When students raised the matter with DU's Equal Opportunity Cell (EOC), it wrote to the St Stephen's College principal. "We requested them to consider and implement the circular issued by the university," said Bipin Tiwari, Officer on Special Duty, EOC, DU.
But students say there has been no official confirmation. "There is also no clarity on whether the money we paid as hostel fees will be refunded," said another student, who did also not wish to be named.
The college has between 33 and 35 disabled students, approximately half of whom stay in the hostel. "Most disabled students are not well off," said Tiwari.
The principal and the bursar were not available for comment. However, the dean of academic affairs, Dr Sanjay Kumar, said, "We will surely implement the university's guidelines."
First Published: Mar 19, 2013 00:58 IST


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How Great Thou Art, Pack of 50 Bulletins
How Great Thou Art, Pack of 50 Bulletins
Anchor Wallace Publishers / 2015 / Other
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Stock No: WW130891
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Product Description▼▲
How Great Thou Art regular size bulletin features clouds and a cross with text from the classic hymn:
When Christ shall come with shout of acclamation
And take me home, what joy shall fill my heart!
Then *I shall bow in humble adoration,
And there proclaim, "My God, how great thou art!"
Then sings my soul, my Savior God, to thee:
How great thou art! How great thou art!
The bulletin is shown folded (8.5" x 5.5"), exactly as church members and guests will receive it. Worship bulletins arrive packaged flat 8.5" x 11" to fit into your printer or copier; shrink wrapped in packages of 50.
Bulletin Categories: Funeral
Please note: Colors are only approximate and will vary with the settings of your monitor.
Product Information▼▲
|Format: Other
Vendor: Anchor Wallace Publishers
Publication Date: 2015
|Dimensions: 8.50 X 11.00 (inches)
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According to the lawmaker, Russia has sent its materials to the JIT.
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Dutch investigators published a report in October 2015 claiming that the Malaysia Airlines aircraft appeared to have been downed using a Russia-produced Buk surface-to-air missile system. The report did not identify the exact location from where the missile was fired. The investigators also slammed Kiev for closing its eyes to apparent threats to civil aviation.


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The Single Best Strategy To Use For dance stretch band
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product description page
Before Journalism Schools : How Gilded Age Reporters Learned the Rules - (Hardcover)
About this item
Drawing on evidence from autobiographies, trade and general interest publications, career histories, and fictional accounts, the author uses the model of Communities of Practice to illustrate how journalistic "knowledge brokers" were the main means for spreading information about reporting and editing conventions across city newsrooms, which functioned as Communities of Practice or places for sharing and storing occupational knowledge. He describes the economic and social context of Gilded Age journalism, its practices, and the forces influencing them; the origins of the Communities of Practice model and other theoretical concepts that explain the development and spread of newswork rules; the jurisdictional struggle between 19th-century journalists and academics to control the dividing line between news and fiction; the knowledge brokers who wrote or spread the growing body of newswork rules; how those rules and others helped new reporters master the human interest story and interviews; how authors of newspaper fiction created imaginary city rooms that provided new reporters with Communities of Practice role models; the development of rules governing "delinquent" reportorial behavior; and how factors similar to those in the 19th century, including economic uncertainty and new technologies, have created an environment in which 21st-century journalists reconsider what stories are important, how they should be obtained, and the format to spread them. Annotation ©2018 Ringgold, Inc., Portland, OR (protoview.com)
Number of Pages: 175
Genre: Language + Art + Disciplines
Sub-Genre: Journalism, History
Series Title: Journalism in Perspective: continuities and disruptions
Format: Hardcover
Publisher: Univ of Missouri Pr
Author: Randall S. Sumpter
Language: English
Street Date: June 29, 2018
Item Number (DPCI): 248-58-1180
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MSRPReg: $35.00 Save $1.75 (5% off)
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