Export Compliance Daily is a Warren News publication.

Miscellaneous International Trade Notices

On March 10, 2010, the Commissioners of the Consumer Product Safety Commission voted to approve, with several changes from the staff version, a final rule to replace its September 1, 2009 interim final rule on CPSC's interpretation of the statutory factors it considers in determining civil penalty amounts for "knowing" violations of the prohibited acts in the CPSA, FFA, and FHSA. (Webcast of 03/10/10 meeting available at http://www.cpsc.gov/webcast/previous.html)

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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. CPSC Approves Final Rule on Civil Penalty Factors

2. Export.gov Announces Baker & McKenzie Webinar Series

Export.gov is announcing that Baker & McKenzie is conducting three seminars to assist U.S. businesses with exporting their products or services. Sponsored by the U.S. Commercial Service, the cost for each is $75. Seminar topics include International Distribution Agreements (March 23), Foreign Incorporations to Support US Exports (April 20), and International Labor, Employment, and Immigration (May 18). (Notice, posted 03/10/10, available at http://www.export.gov/articles/eg_main_021370.asp)

3. APHIS Proposes to Ease Import Restrictions on Malus Apples from Japan

The Animal and Plant Health Inspection Service has issued a proposed rule to amend the regulations that allow the importation of Fuji variety apples from Japan to allow all varieties of Malus domestica apples into the U.S. under the same conditions as those for Fuji variety apples. Comments are due by May 10, 2010. (D/N APHIS-2009-0020, FR Pub 03/10/10, available at http://edocket.access.gpo.gov/2010/pdf/2010-5114.pdf)

4. BIS Issues Denial Orders, $250,000 in Penalties for Aircraft Parts to Iran

The Bureau of Industry and Security has issuedtwo orders denying certain export privileges for a period of seven years and imposing a civil penalty of $250,000 each againstAviation Services International, B.V.aka Delta Logistics, B.V. andRobert Kraaipoel, for conspiracy to export U.S.-origin items, including aircraft parts, electronic components, and polymide filmfrom the U.S. to Iran via the Netherlands, Cyprus, and the UAE without the required U.S. Government authorization.

5. DOE Final Rule Establishes Test Procedures for Metal Halide Lamp Ballasts

The Department of Energy has issued a final rule, effective April 8, 2010, establishing metal halide lamp ballast test procedures by which manufacturers will demonstrate compliance with the metal halide lamp fixture energy conservation standards mandated by the Energy Policy and Conservation Act (EPCA), as amended. The final rule also establishes a test method for measuring standby mode power consumption, explains why off mode power consumption does not apply to metal halide lamp ballasts, etc. (DOE final rule, FR Pub 03/09/10, available at http://edocket.access.gpo.gov/2010/pdf/2010-3841.pdf)

6. DHS Secy Announces Greece's Designation as a Member of Visa Waiver Program

On March 9, 2010, Department of Homeland Security Secretary Napolitano announced the designation of Greece as a member of the Visa Waiver Program - strengthening passenger information sharing and ensuring strict security standards while streamlining travel for Greek citizens visiting the U.S. (Press release, dated 03/09/10, available at http://www.dhs.gov/ynews/releases/pr_1268162593062.shtm)

7. China's Chongqing Municipality to Establish Country's First Bonded Zone

China's Ministry of Commerce reports that the State Council has approved the Chongqing municipality to set up one bonded zone, covering an area of 10 square kilometers, to be the Chinese mainland's first bonded zone. (News release, dated 03/09/10, available at http://english.mofcom.gov.cn/aarticle/newsrelease/commonnews/201003/20100306812054.html)

8. China's MOFCOM Criticizes U.S. Preliminary AD/CV Findings on Coated Paper, Etc

China's Ministry of Commerce issued a statement expressing concern over the recent U.S. Department of Commerce preliminary determinations in the antidumping and countervailing duty investigations on imports of potassium phosphate salts and coated paper from China. MOFCOM states that the increasingly frequent investigations into Chinese products are an abuse of trade remedies and China will pay close attention to the findings. (News release, dated 03/09/10, available at http://english.mofcom.gov.cn/aarticle/newsrelease/significantnews/201003/20100306810965.html)

9. OFAC Amends Cuban Assets Control Regs

The Office of Foreign Assets Control issued a notice stating that on March 9, 2010, it amended the Cuban Assets Control Regulations, 31 CFR part 515, to clarify that, pursuant to Section 619 of the Omnibus Appropriations Act, 2010, for sales of agricultural items during Fiscal Year 2010, "...the term 'payment of cash in advance' shall be interpreted as payment before the transfer of title to, and control of, the exported items to the Cuban purchaser." (Notice, dated 03/09/10, available at http://www.treas.gov/offices/enforcement/ofac/actions/20100309_33.shtml)

10. OFAC Releases Enforcement Information for March 9th

The Office of Foreign Assets Control has issued its civil penalties enforcement information for March 9, 2010. (Notice, posted 03/10/10, available at http://www.treas.gov/offices/enforcement/ofac/civpen/index.shtml)

11. State Dept Removes Nonproliferation Measures on Russia's Glavkosmos

The State Department has determined that it is in the foreign policy or national security interests of the U.S. to remove nonproliferation measures on one Russian entity, Glavkosmos, and its sub-units and successors, which were imposed on July 30, 1998. (Public Notice 6915, FR Pub 03/10/10, available at http://edocket.access.gpo.gov/2010/pdf/2010-5135.pdf)

12. WTO Posts Global Food Safety Initiative's Push for 3rd Party Certification

The World Trade Organization has circulated to its members a communication from the Global Food Safety Initiative, a ten year old private sector food safety initiative. Among other things, the group is advocating third party certification as a way to provide consistency, cost efficiency, less duplication, buying confidence and safe food for the consumer. (Notice, dated 03/09/10, available at http://docsonline.wto.org/DDFDocuments/t/g/sps/GEN1004.doc)

13. WTO Negotiating Group on Geographical Indications Agrees to New Approach

The World Trade Organization reports that the WTO group negotiating a multilateral register of geographical indications for wines and spirits has endorsed new chairperson Mwape's approach. The group's positions remain largely unchanged, but they are willing to dig deeper into how various proposals would be implemented in countries' domestic intellectual property systems. (News release, dated 03/04/10, available at http://www.wto.org/english/news_e/news10_e/trip_04mar10_e.htm)

14. WTO TRIPS Council Debates Decision on Improved Access to Medicine, Other Issues

The World Trade Organization's Council on Trade-Related Aspects of Intellectual Property Rights (TRIPS) debated various issues during their March 2, 2010 meeting, including whether a 2003 decision designed to improve access to medicines is working; issues related to patents and biodiversity; technical cooperation; and improving the way information on intellectual property is shared. (News release, dated 03/02/10, available at http://www.wto.org/english/news_e/news10_e/trip_02mar10_e.htm)

15. WTO Circulates Report on IPPC's Nov 2009 - Feb 2010 Activities

The World Trade Organization has circulateda reportby the International Plant Protection Convention Secretariat regarding its November 2009 to February 2010 activities. Among other things, it includesa list of current International Standards for Phytosanitary Measures and a list of standards being proposed for adoption. (Search WTO documents at http://www.wto.org/under March 8, 2010 for source document or request copy by emailing documents@brokerpower.com.)

16. WTO Circulates Report on OIE's Animal/Product Standard Setting Activities

The World Trade Organization has circulateda reportby the World Organization for Animal Health (OIE) on developments inits standard setting work on terrestrial animals and their products and an update on OIE activities supporting the veterinary services of OIE Members using the OIE PVS Tool for their compliance with international standards and veterinary education. (Search WTO documents at http://www.wto.org/under 03/08/10 for source document or request copy by emailing documents@brokerpower.com.)

17. CBSA Statement of Reasons for AD/CV Oil Country Tubular Goods from China Findings

The Canada Border Services Agency has posted its Statement of Reasons for its February 22, 2010 final affirmative antidumping and countervailing duty determinations regarding certain Oil Country Tubular Goods from China. (Statement of Reasons, posted 03/09/10, available at http://www.cbsa.gc.ca/sima-lmsi/i-e/ad1385/ad1385-i09-fd-eng.html)

18. CPSC Lists Voluntary Recalls

The Consumer Product Safety Commission has published notice of the following voluntary recalls:

Product: ReasonCompanyRelease
Gerber Gator Machete and Gator Machete Jr.: Laceration HazardGerber Legendary Blades (OR), a division of Fiskars Brands Inc. (WI)10-157

(CPSC recalls available at http://www.cpsc.gov/cpscpub/prerel/prerelmar10.html)

19. APHIS Animal Product PPQ Manual Updated

On March 8, 2010, APHIS updated its Plant Protection and Quarantine (PPQ) Animal Product Manual. This Manual provides the background, procedures, and regulatory actions to enforce the regulations governing the import and export of animals, animal products, and animal by-products. (Manual, updated 03/08/10, available at http://www.aphis.usda.gov/import_export/plants/manuals/ports/apm.shtml)

20. APHIS Agricultural Clearance PPQ Manual Updated

On March 8, 2010, APHIS updated the Manual for Agricultural Clearance. The manual provides CBP personnel working at airport and maritime locations with the guidelines, directions, and policy for clearing carriers and passengers/crew and controlling garbage and cargo. (Manual, updated 03/08/10, available at http://www.aphis.usda.gov/import_export/plants/manuals/ports/mac.shtml)

21. FSIS Updates List of Mexico Establishments Eligible to Export Meat & Poultry

The Food Safety and Inspection Service has issued updated (March 4, 2010) version of its list of Mexico establishments eligible to export meat and poultry to the U.S.

22. FAS Global Agriculture Information Network Reports

The Foreign Agriculture Service issued the following GAIN reports:

Vietnam - Rice Price - Weekly: 2010

Argentina - Wine Annual: 2010

Costa Rica - Domino's Pizza Closing and Opening Again in Costa Rica: HRI Food Service Sector

Iraq - Iraq Exporter Guide: Exporter Guide

Nicaragua - FY2008 Cochran Success Story: Market Development Reports

Korea - Korea's Adjustment and In-Quota Tariffs for 2010: Agricultural Situation

Korea - Livestock and Products Semi-annual: Semi-annual

Korea - Bio-Fuels Production: Bio-Fuels

Italy - Italians Sequence Corvina - Amarone Genome: Wine

Croatia - Farmers Protest Over Subsidy Cuts: Agricultural Situation

Italy - Agricultural News for Italy and the EU - February 2010: Agriculture in the News

Italy - Italy Again Complains about EU GMO Approvals: Agricultural Situation

China - Feed and Feed Additive Regulation (Draft): FAIRS Subject Report

Venezuela - Supermarket Tour: Retail Food Sector

India - Weekly Highlights and Hot Bites No. 9: Agriculture in the News

Ecuador - Grain and Feed Annual: Production, Consumption, Imports, Exports of Wheat, Corn and Rice and Policy Related Issues in Ecuador during 2010

23. Revised FDA Import Alerts

The Food and Drug Administration has posted revised versions of the following Import Alerts on the detention without physical examination of:

99-21: Food Products Containing Sulfites

99-20: Imported Food Products Due to NLEA Violations

99-19: Food Products Due to the Presence of Salmonella

99-05: Raw Agricultural Products for Pesticides

80-04: Surgeon's and Patient Examination Gloves

76-01: Surgical Instruments

66-41: Unapproved New Drugs Promoted In The U.S.

45-02: Foods Containing Illegal and/or Undeclared Colors

16-125: Refrigerated (Not Frozen) Vacuum Pak or Modified Atmosphere Packaged Raw Fish and Fishery Product

16-81: Seafood Products Due to the Presence of Salmonella

12-03: Imported Soft Cheese and Soft Ripened Cheese from France

24. Additional GSM-102 Credit Guarantees for Export Sales to Certain Countries, Regions

The Agriculture Department has announced the funding of GSM-102 Credit Guarantees for export sales to the following countries and regions:

Turkey (03/08/10)

Sub-Saharan Africa Region (03/08/10)

Southeast Asia Region (03/08/10)

South Korea (03/08/10)

South Asia Region (03/08/10)

South America Region (03/08/10)

Middle East and North Africa Region (03/08/10)

Mexico (03/08/10)

Eurasia Region(03/08/10)

China, Hong Kong (03/08/10)

Central America Region (03/08/10)

Caribbean Region(03/08/10)

25. 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

DOECertification, Compliance, and Enforcement Requirements for Consumer Products and Certain Commercial and Industrial Equipment05/10/10

(Information collection notices are hyperlinked to agency name.)