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Sunday, December 18, 2011

Pierluisi Urges Online Retailers Who Do Not Ship Products to Puerto Rico to Revise Their Policies

WASHINGTON, DC - Resident Commissioner Pedro Pierluisi urged 15 U.S. companies that sell products over the Internet to confirm that they do not ship to products to Puerto Rico and, if that is the case, to explain the basis for their policy.

According to an analysis conducted by the Resident Commissioner’s office, about 80% of the top 100 e-retailers in the country do currently ship their products to Puerto Rico. However, companies such as Overstock.com, Microsoft, Dell, Staples, Sears, Sony, FTD Group, Kohl’s, Hewlett-Packard, Avon Products, Buy.com, Nutrisystem, ShopNBC.com (Valuevision Media Inc.), Nike, and Yoox appear to have shipping policies that exclude Puerto Rico in whole or in part.

“My office has reviewed the shipping policy contained on your company’s website, and it appears that your company ships its products to all 50 states, including Hawaii and Alaska, but does not ship its products to consumers residing in the U.S. territory of Puerto Rico. . . . I hope you will consider revising your company’s policy,” the Resident Commissioner wrote in letters sent to the respective companies.

Pierluisi noted in his letters that Puerto Rico is home to 3.7 million American citizens, many of whom are potential consumers of these companies’ products.

“The Island is within the U.S. customs zone and the U.S. immigration zone. Federal law, including all relevant trade and consumer protection law, applies in Puerto Rico. Those laws are enforced by the United States District Court for the District of Puerto Rico, which is one of 94 federal judicial districts and which forms part of the United States Courts for the First Circuit,” wrote Pierluisi.

“The U.S. Postal Service provides the same range of services in Puerto Rico as it does in the 50 states. Federal Express and UPS both serve Puerto Rico by air, and several companies deliver products from the mainland U.S. to Puerto Rico by ship,” he added.

In light of these factors, the Resident Commissioner said, it is difficult to comprehend why the companies’ shipping policy should treat residents of Puerto Rico differently than their fellow American citizens in the 50 states, or why such a policy makes good business sense.