Miscellaneous International Trade Notices
On December 7, 2009, Department of Homeland Security Secretary Napolitano and Mexican Secretary of Finance and Public Credit Carstens signed an updated and enhanced Declaration of Principles accomplishing the goals they outlined in June to create a joint U.S.-Mexico framework to improve security along the Southwest border and facilitate the flow of legitimate travel and trade. (Press release, including link to Declaration, available at http://www.dhs.gov/ynews/releases/pr_1260207066445.shtm.)
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Export Compliance Daily combines U.S. export control news, foreign border import regulation and policy developments into a single daily information service that reliably informs its trade professional readers about important current issues affecting their operations.
1. U.S. and Mexico Sign Framework Agreement to Improve Security and Trade
2. Coalition Urges President to Reinstate Mexican Trucking Program
On December 3, 2009, the Alliance to Keep U.S. Jobs (an alliance of over 150 U.S. manufacturers, businesses, and agricultural interests), sent a letter to the President asking him to reengage the Mexican government and reinstate the Mexican trucking program, which permitted qualifying Mexican trucks the ability to cross over into the U.S. (Letter, dated 12/03/09, available at https://www.apparelandfootwear.org/UserFiles/File/Letters/120309alliancetokeepjobs.pdf.)
3. CPSC to Meet Dec. 9th on Drywall Notice, Registration Cards
The Commissioners of the Consumer Product Safety Commission will hold a meeting that will be open to the public on December 9, 2009 to discuss: (i) Pending Decisional Matter on Tracking Labels for Drywall Notice of Inquiry; and (ii) a Final Rule on Registration Cards. (CPSC notice, FR Pub 12/09/09, available at http://www.federalregister.gov/OFRUpload/OFRData/2009-29192_PI.pdf)
4. FMCSA Committee to Meet to Begin Developing New HOS Proposed Rule
The Federal Motor Carrier Safety Administration announced that its Motor Carrier Safety Advisory Committee will hold a public meeting on December 7-9, 2009 in Washington, DC in order to start the process of developing a new proposed rule on hours of service requirements for commercial truck drivers. The December MCSAC meetings will be followed by three public listening sessions held between January 18 and January 29, 2010, and a Federal Register notice soliciting data and research information. (DOT release, dated 12/04/09, available at http://www.dot.gov/affairs/2009/fmcsa0509.htm)
5. Dec 17th Compliance Date for New Intermodal Equipment Providers Rule
The Federal Motor Carrier Safety Administration is reminding the trade of the December 17, 2009 compliance date for its June 2009 final rule making intermodal equipment providers (IEPs) subject to its regulations for the first time. (Notice, posted 12/07/09, available at http://www.fmcsa.dot.gov/rules-regulations/topics/IEP/index.htm)
6. Next Phase of LA's Clean Truck Program Starts January 1st, Coincides with State-Wide Changes
The next phase of the Clean Truck Program at the Port of Los Angeles takes effect January 1, 2010, when trucks equipped with engine model years 1993 and older will be banned from the Port. Additionally, trucks equipped with engine model years 1994 to 2003 also will be denied terminal access unless retrofitted with an approved diesel emission control system. The restrictions coincide with similar regulations to take effect at all ports and rail yards in California, established by the California Air Resources Board. The statewide restrictions will also ban trucks with engine model years 1993 and older, and will require retrofits on trucks equipped with engine model years 1994 to 2003. (News release, dated 12/04/09, available at http://www.portoflosangeles.org/newsroom/2009_releases/news_120409_ctp_truck_ban.asp)
7. Commerce Secretary Addresses Brazil-U.S. Business Council
During Commerce Secretary Locke's December 4, 2009 address to the Brazil-U.S. Business Council annual plenary meeting at the U.S. Chamber of Commerce, he noted that both countries would work their way through the cotton dispute that Brazil brought to the WTO; he also reiterated the U.S. commitment to a strong and dynamic relationship with Brazil. (Speech, dated 12/04/09, available at http://www.commerce.gov/NewsRoom/SecretarySpeeches/PROD01_008675)
8. Peru Ratifies FTA with China
China's People's Daily Online reports that Peru's government has ratified a free trade agreement with China, but Peru did not indicate when the agreement would go into effect. (Notice, dated 12/07/09, available at http://english.people.com.cn/90001/90776/90883/6833442.html)
9. Status of EU Energy Efficiency Measures on Tires, Energy Labeling
The European Parliament has provided an update on various energy efficiency initiatives to help the EU hit its climate change target of using 20% energy less by 2020: (i) the new tire labeling regulation was adopted on November 25, 2009 and will apply from November 1, 2012; (ii) the compromise texts on (a) the revision of the energy efficiency of buildings directive and (b) the energy labeling directive still have to be formally approved by the Council of Ministers before Parliament as a whole gives its final endorsement at the start of 2010. (Notice, dated 12/07/09, available at http://www.europarl.europa.eu/news/expert/background_page/051-65739-334-11-49-909-20091201BKG65738-30-11-2009-2009-false/default_en.htm)
10. China State Council to Review Proposed Revisions to Trademark Law
According to the Hong Kong Trade Development Council, a draft of a new China Trademark Law was recently finalized and will be submitted to the Legislative Affairs Office of the State Council for review. HKTDC states that among other things, in the new draft, applications for the registration of trademarks that are identical or similar to trademarks of identical or similar products that are in prior use by others in China shall not be approved if the applicants have contractual, business, geographical and other relationships with these other persons and should have known of the existence of the trademarks. (Notice, dated 12/02/09, available at http://www.hktdc.com/info/vp/a/ctde/en/1/1/1/1X06HY9X/China-Trade/China-Releases-Draft-of-New-Trademark-Law-for-Public-Comment.htm)
11. FWS Raises Import Inspection Fees Effective January 1, 2010
The U.S. Fish and Wildlife Service will adjust its inspection fees on January 1, 2010 as required by a FWS December 2008 final rule. Groups affected by the 2010 fee adjustment include commercial importers/exporters; noncommercial importers/exporters using non-designated ports; anyone importing or exporting live wildlife and/or protected species; and those requiring overtime services. (Notice, dated 12/02/09, available at http://www.fws.gov/le/PubBulletins/PB120209UserFeeIncrease2010.pdf)
12. ITC Notice on ASEAN Exports Investigation
The ITC has issued a Federal Register notice announcing its investigation, entitled ASEAN: Regional Trends in Economic Integration, Export Competitiveness, and Inbound Investment for Selected Industries, that will study the economic integration, export competitiveness, and inbound investment of six industries in Southeast Asia. ITC will hold a public hearing in connection with the investigation on February 3, 2010. ITC will submit its report to USTR by August 2, 2010. (See ITT's Online Archives or 12/03/09 news, 09120330, for previous BP summary of the investigation.) (FR Pub 12/07/09, available at http://edocket.access.gpo.gov/2009/pdf/E9-29025.pdf)
13. CBP Extends Port Limits for Columbus, Ohio
Customs and Border Protection has issued a final rule to include the Rickenbacker Intermodal Terminal and supporting infrastructure in the geographical limits of the port of Columbus, Ohio, effective January 6, 2010. (D/N USCBP-2008-0047; CBP Dec. 09-35, FR PUB 12/07/09, available at http://edocket.access.gpo.gov/2009/pdf/E9-29057.pdf)
14. School Supply Company to Pay Civil Penalty for CPSC Lead Paint Violations
The Consumer Product Safety Commission announced that Excelligence Learning Corp DBA Discount School Supply of California has agreed to pay a $25,000 civil penalty to resolve CPSC allegations that it violated the federal lead paint ban at different intervals between August 2000 and August 2007. (Notice, dated 12/04/09, available at http://www.cpsc.gov/cpscpub/prerel/prhtml10/10055.html)
15. USDA Invites Companies to Exhibit Products at Organic Food Fair in Germany
The USDA's Foreign Agricultural Service and B-FOR International is inviting companies to exhibit organic food and beverage products at the annual USA Pavilion at BIOFACH 2010 in Nuremburg, Germany, February 17-20, 2010. (News release, dated 12/02/09, available at http://www.fas.usda.gov/scriptsw/PressRelease/pressrel_dout.asp?Entry=valid&PrNum=0309-09)
16. BIS Sends Defense Sales Offset Agreements Final Rule to OMB for Approval
The Bureau of Industry and Security has sent to the Office of Management and Budget a final rule to require U.S. firms entering into contracts for the sale of defense articles or defense services to foreign countries or foreign firms, to furnish information regarding such contracts if it is subject to offset agreements exceeding $5,000,000 in value. (Rule, received 12/01/09, available at http://www.reginfo.gov/public/do/eAgendaViewRule?pubId=200904&RIN=0694-AE40)
17. OMB Approves EPA Final Rule to Ban Imports of HCFC Pre-Charged Appliances
OMB has approved an Environmental Protection Agency final rule that would ban the import of HCFC pre-charged appliances after the domestic phaseout of the import and production of certain bulk substances. (Rule, completed 12/03/09, available at http://www.reginfo.gov/public/do/eAgendaViewRule?pubId=200904&RIN=2060-AN58)
18. OMB Approves EPA Final Rule on Certain Hazmat Exports, Etc.
OMB has approved an EPA final rule on requirements for transboundary shipments of wastes, export shipments of spent lead-acid batteries, and submitting exception reports for export shipments of hazardous wastes and imports of hazardous wastes. (Rule, completed 11/27/09, available at http://www.reginfo.gov/public/do/eAgendaViewRule?pubId=200904&RIN=2050-AE93)
19. USDA Files PACA Action Against Company for Failing to Pay for Produce
The Department of Agriculture has filed an administrative action against O'Lippi & Co. Inc., operating in San Francisco, CA. The action alleges that the company violated the Perishable Agricultural Commodities Act by failing to make full payment promptly to nine sellers of produce purchased, received, and accepted in the course of interstate and foreign commerce during the period of September 2008 through February 2009. (News release, dated 12/02/09, available at http://www.ams.usda.gov/AMSv1.0/ams.fetchTemplateData.do?template=TemplateU&navID=&page=Newsroom&resultType=Details&dDocName=STELPRDC5081231&dID=123575&wf=false&description=USDAFilesActionAgainstOlippi%26Co.Inc.%2CSanFrancisco%2CCaliforn)
20. TTB Announces 2011 TTB Expo
The Alcohol, Tobacco, Tax and Trade Bureau is announcing that its next TTB Expo will be held in late spring or early summer 2011 in the Greater Cincinnati area. Future Expos will be held every other year after that. (Notice, posted 12/03/09, available at http://www.ttb.gov/expo09/index.html)
21. FSIS Updates List of Canada Establishments Eligible to Export Meat & Poultry
The Food Safety and Inspection Service has issued an updated (December 3, 2009) version of its list of Canada establishments eligible to export meat and poultry to the U.S. (List, dated 12/03/09, available at http://www.fsis.usda.gov/PDF/Canada_establishments.pdf)
22. CBSA to Release 2010 Version of Automated Export Declaration Software
The Canada Border Services Agency posted a Customs Notice to inform exporters that the 2010 version of the Canadian Automated Export Declaration (CAED) software will be released on December 17, 2009. (Notice, dated 12/03/09, available at http://www.cbsa.gc.ca/publications/cn-ad/cn09-023-eng.html)
23. CBSA Posts Preliminary AD/CV Determinations of Certain Oil Country Tubular Goods from China
The Canada Border Services Agency posted in the December 5, 2009 edition of the Canada Gazette its preliminary determinations of dumping and subsidizing regarding certain oil country tubular goods originating in or exported from China. (Notice, dated 11/23/09, available at http://canadagazette.gc.ca/rp-pr/p1/2009/2009-12-05/html/commis-eng.htmlf102)
24. Revised FDA Import Alert
The Food and Drug Administration has posted revised versions of the following Import Alert on the detention without physical examination of:
Processed Seafood and Analogue Seafood (Surimi) Products for Listeria Monocytogenes
25. FAS Global Agriculture Information Network Reports
The Foreign Agriculture Service issued the following GAIN reports:
Russian Federation Grain and Feed December Update: Grain and Feed
India Lock-Up Report: Cotton Quarterly Update - December 2009
China National Dairy Standard: FAIRS Subject Report
Vietnam Lock-Up Report: November 2009
Vietnam Trade Report - Monthly Exports: November 2009
26. Canadian Int'l Trade Tribunal Determinations and Findings
The Canadian International Trade Tribunal posted the following determinations and findings in the December 5, 2009 edition of the Canada Gazette:
Communications, photographic, mapping, printing and publication services -Determination
Construction services - Determination
Custodial operations and related services - Inquiry
Mattress innerspring units - Finding
Oil country tubular goods - Commencement of inquiry
Scientific instruments - Inquiry
Transportation, travel and relocation services Determination
27. Agency Seeks Comments on Information Collections
Various U.S. government agencies are seeking comments on the following information collections for which they have requested or intend to request Office of Management and Budget approval or extension of approval (see notices for specific details):
Agency Information Collection Comments Due
| USDA | Application for Return of Exported Product | 01/04/10 |
| CBP1 | Guarantee of Payment (Form I-510) | 01/06/10 |
| CBP2 | Delivery Ticket (Form 6043) | 01/06/10 |
| CBP3 | Arrival and Departure Record, Nonimmigrant Visa Waiver; Arrival/Departure, Electronic System for Travel Authorization (ESTA) (Form I-94 and I-94W) | 02/05/10 |
(Information collection notices are hyperlinked to agency name.)