Customs Modernization Bill Contains Several Thune Provisions

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Customs Modernization Bill Contains Several Thune Provisions

  “I’m glad we were able to break the logjam in the Senate and move this update of our nation’s customs laws one step closer to the president’s desk.”

 

John_Thune,_official_portrait,_111th_CongressWASHINGTON, D.C.—U.S. Sen. John Thune (R-S.D.), member of the Senate Finance Committee, which has jurisdiction over tax and trade legislation, issued the following statement on the Senate’s passage of H.R. 644, the customs modernization bill, which updates customs laws and strengthens enforcement of trade laws:

 

“I’m glad we were able to break the logjam in the Senate and move this update of our nation’s customs laws one step closer to the president’s desk,” said Thune. “As the Senate moves forward on bipartisan legislation to renew trade promotion authority, we must also ensure that our trading partners play by the rules. This legislation strengthens our laws to make sure that unfair trade practices which have harmed American agriculture producers, such as honey producers, are better identified and eliminated, ensuring that free and fair trade is the norm.”

 

South Dakota is the third largest honey producing state in the nation, producing 15 million pounds of honey each year. Richard Adee, owner and operator of Adee Honey Farms in Bruce, South Dakota, was encouraged by the Senate’s action on the customs bill and applauded Thune’s effort:

 

“The honey industry, nationwide, is very grateful for Senator Thune’s action to help save the beekeeping industry from the illegal transshipping of Chinese honey on which duties are owed, through third world countries with no duties,” said Adee. “Also we certainly appreciate his amendment prohibiting CBP from deducting interest on import duties owed to beekeepers. This again, not only helps South Dakota beekeepers who were injured by dumped imports but beekeepers nationwide. Senator Thune’s action is not only appreciated by beekeepers but also by growers of crops dependent on a healthy, viable bee industry for their pollination needs.”

 

The following Thune provisions were included in H.R. 644:

 

  1. Provisions to Reduce Trade Barriers for Low-Value Items: This legislation includes two provisions authored by Senator Thune to improve customs procedures for small sellers, such as small business owners using the Internet to sell abroad. Specifically, a Thune provision was included in the bill to reduce current trade barriers and allow for more low-value items to be imported into the United States duty-free with fewer unnecessary administrative requirements. The $200 de minimis exemption for imports has not been updated in over 20 years. Thune’s provision—taken from his legislation, S. 489, with Sen. Ron Wyden (D-Ore.)—would raise the exemption level to $800.

    The bill also includes a Thune provision, added to the bill during Finance Committee consideration, to express a Sense of Congress encouraging the U.S. trade representative to work with our trading partners to ensure they are also raising their de minimis limits for U.S. goods.

  1. Provisions to Ensure Fair Treatment of Domestic Honey Producers: This legislation also includes two provisions that will benefit South Dakota’s honey producers. The first provision, championed by Thune, will provide additional tools to U.S. Customs and Border Patrol (CBP) to better enforce existing trade laws against Chinese honey that is transshipped through third countries, thus evading applicable duties. The problem of transshipment of Chinese honey, sometimes referred to as “honey laundering,” was discussed in detail at a Finance Trade Subcommittee hearing in the 112th Congress that Senator Thune co-chaired as ranking member of the subcommittee.

Additionally, the bill includes a Thune provision, adopted during Finance Committee consideration, requiring CBP to distribute all interest payments collected under the Byrd Amendment to affected domestic producers, such as honey producers. The law, which applies to products imported before September 30, 2007, requires that certain import duties, including all interest, be distributed to the domestic industries found to have been injured by the imports under existing trade remedy laws. CBP has made a determination, contrary to the plain language of the law, that certain interest payments are not due to the impacted U.S. producers, thus greatly reducing the payments to these producers. The Thune provision will correct this CBP misinterpretation of law, ensuring that South Dakota’s honey producers – and other affected producers – receive the relief to which they are entitled.

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Press Release: South Dakota Supreme Court Unanimously Rules the Attorney General Has Followed South Dakota’s Disclosure Law on the Benda Death Investigation

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(In a release just issued by the Attorney Generals office, the AG was ruled correct in what was released in the matter of Richard Benda’s death, and reporter Bob Mercer, who sought the records, had the court rule unanimously against him. – Editor PP)

South Dakota Supreme Court Unanimously Rules the Attorney General Has Followed South Dakota’s Disclosure Law on the Benda Death Investigation

Marty JackleyPIERRE, S.D. – Attorney General Marty Jackley announces that the South Dakota Supreme Court unanimously ruled that the Attorney General has followed South Dakota’s disclosure law relating to the Richard Benda death investigation conducted by local, state, and federal authorities.

“The South Dakota Supreme Court, the Trial Judge, and the Chief Hearing Examiner, have all ruled the Attorney General has followed South Dakota’s disclosure law relating to the death investigation of Richard Benda. I am pleased that the Court has applied the rule of law, and recognized the balancing of open transparency with the privacy interests of the family members faced with a tragic situation. Although the Attorney General is allowed to receive court costs as the prevailing party, I have determined to not seek costs from the plaintiff in the interest of avoiding any potential effect it may have on open government transparency under these unique circumstances,” said Jackley.

The Supreme Court concluded that “When the Legislature enacted the South Dakota Public Records Act in 2009, it broadened the presumption of openness in regard to public records”. However, the Court went on to opine that confidential criminal justice information is specifically made confidential by state law, and recognized that “the evidence establishes that the Attorney General took into account the public’s interest in Benda’s death and weighed that against the personal privacy interests of the Benda family.”

“After today’s decision, the final remaining action is for me to publicly address my disappointment in how the federal government has handled this matter. I have expressed my concerns to the Department of Justice regarding its conduct and the appearance of political motivation associated with the handling, timing and publicity regarding the investigation from Washington. The actions of the Department of Justice’s Public Integrity Section were unfair to local federal investigators who worked in cooperation with state and local authorities to properly investigate this matter. I will certainly work with the new administration at the Department of Justice to assist them in properly addressing these concerns,” said Jackley.

On October 3, 2014, Attorney General Jackley advised US Attorney General Holder regarding his concerns associated with the Department of Justice’s handling of the investigation into the EB-5 Visa Program in South Dakota. The Attorney General specifically requested a review into the investigation that was conducted by the Public Integrity Section of the Department of Justice and a determination of whether politics had inappropriately driven decisions associated with this matter.   The Attorney General clearly stated that his “concerns neither pertained to nor are they directed toward any actions of the local federal authorities.” Attorney General Jackley provided General Holder with specific information pertaining to his concerns, including:   the Department of Justice’s aggressive tactics including but not

limited to openly serving subpoenas on cooperative witnesses at their place of employment; failing to attend previously arranged joint meetings with the South Dakota US Attorney’s Office, DCI Agents and the Governor’s Office of Economic Development private attorneys; and potential direct violations of the Rules of Professional Conduct governing attorneys practicing in South Dakota.

On February 3, 2015, having received no response, Attorney General Jackley renewed his request that these significant matters be reviewed and addressed in a timely fashion. To date, no response has been forthcoming. Attorney General Jackley’s correspondence to US Attorney General Holder is included as attachments to this release.

Benda Letters

 

 

It sounds like an Onida Ethanol Plant’s attempt to build on existing rail spur sparked some lively political theater.

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It sounds like an election forum sponsored by the people constructing an ethanol plant got lively in Onida recently:

After a heated exchange between Walt Wendland of Ring-neck Energy and Feed LLC of Mason City, Iowa, and Adam Altman, the persistent Aberdeen attorney going down a list of questions on a yellow legal pad, that drew them within a foot or so of each other, Wendland turned to the crowd: “Anyone want him to continue?”

“NO! NO!,” came loud answers from several in the crowd. Wendland then told Altman he hadn’t been asked to take part in the forum, which was organized by Ring-neck to answer concerns about the plant.

“I didn’t say you could speak,” Wendland told Altman. Applause broke out from half or more of the crowd, it appeared.

Read it all here in the Capital Journal.

Since it was a private forum sponsored by the people building the plant, they didn’t have to let the opponents speak. They didn’t need to let even them in the door.

But it does sound like it made for some great political theater.

Paula Hawks referred to as one of NARAL-SD’s favorite pro-choice candidates

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Is abortion going to be a defining issue in the next US House Race?

Anticipated to be announcing a run against South Dakota’s Congresswoman Kristi Noem, Democratic State Rep Paula Hawks was specifically held out in September 2014 as one of NARAL’s favorite pro-choice candidates:

Compare that to Congresswoman Kristi Noem, who has advocated for the pain-capable unborn child act:

…and voted for it yesterday.

First a major difference on a state income tax, now the abortion issue. This could shape up to be a  classic conservative Republican versus an extremist liberal Democrat race when Hawks announces, as is anticipated in June or July.

Bosworth allies robocalling again tonight? This time for cash?

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I had a note from one of our faithful readers tonight claiming he got a call for cash from some of the Boz people. He noted:

Just got another call from them, this time asking for money. You know they are heathen bastards, as they are taking the Lord’s name in vain for their political cause. 
Did anyone get a call, and it’s on tape?  If so, e-mail me here.

Otherwise, if you got it – tell us about your call in the comment section.

Updated: Obamacare forcing rates up on ACA plans for the Blues 42%

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Some No written confirmation and few details as of yet, but I’m hearing from very trusted sources that Blue Cross Blue Shield is going to be implementing a staggering 42% rate increase in South Dakota directly as a result of Obamacare!

Stay tuned for more on this!

UPDATE – I had a call from someone involved somewhat with Wellmark, and received some more details. This is not across the board on all individual plans. This applies specifically to plans under the ACA that are sold through the federal exchange in South Dakota.

This means specifically the Obamacare plans are taking a huge jump, which actually comprise less than 4% of the plans sold in the state.

State Officials Warn of Potential Unscrupulous Contractors in Wake of Delmont Tornado Disaster

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State Officials Warn of Potential Unscrupulous Contractors in Wake of Delmont Tornado Disaster

 

Marty JackleyPIERRE – Attorney General Marty Jackley and the South Dakota Department of Public Safety urge Delmont tornado victims to proceed with caution when moving into the recovery phase of this disaster. Residents will understandably be eager to have new construction or the necessary work done to their damaged property. However, state and local officials are urging consumers to take the necessary steps to evaluate a bidder before contracting for a job. Consumers who need repair work done quickly following a natural disaster are often targets of unscrupulous business practices.

 

“While the vast number of contractors follow legitimate business practices, there are a handful that will seek to take an unfair advantage of this tragic situation,” said Jackley. “Many victims are quite vulnerable in the recovery stage, and we encourage them to take time to evaluate and secure the right contractor to avoid becoming a victim of a scam.”

 

 

“In these types of disasters, those impacted residents are dealing with many issues and trying to cope with repairing their homes,” said Public Safety Secretary Trevor Jones. “We know these are momentous decisions. We urge them to take their time, do their research and hire a legitimate contractor.”

 

Here are a few suggestions when choosing professional contractors:

 

 

  • Take the time to evaluate the bidder before contracting the job.
  • Homeowners should look for a reliable contractor with a proven track record who readily offers credentials
  • Ask for reference Legitimate contractors should be more than willing to provide a list of satisfied customers to verify their work.
  • Ask for a written estimate and a written contract
  • Ask for sales tax license.
  • Keep a copy of the final, signed contract Read this contact carefully before signing. This contract will usually be binding once you have both agreed to it. The contract should state that any changes in the project should include a Change Order signed by both and put guarantees in writing. Any guarantees made by the contractor should be written into the contract.
  • Obtain a local building permit, if required.
  • Make final payments only after the work is complete Do not sign completion papers or make the final payment until the work is completed to your satisfaction.
  • Pay by check. Avoid on-the-spot cash payments. The safest route is to write a check to the contracting company.
  • Avoid door-to-door contracting offers. Many transient contractors will not be available if problems occur months after the work has been completed.

Tornado victims are also encouraged to shop around for materials that might be used during this time of recovery. South Dakota does not have price gouging statutes to protect consumers. Consumer will have to use their own due diligence to research and compare pricing of building products. If you have questions regarding price gouging or transient contractors contact the Attorney General’s Consumer Protection Division at 1-800-300-1986 or at [email protected].