Miscellaneous International Trade Notices
The Journal of Commerce Online reports that the Secretary of Homeland Security has said that federal security officials will have "zero tolerance" for port terminal operators who violate cargo search requests. The article notes that new port security funding legislation gives DHS the authority to go after terminal operators who intentionally or mistakenly allow suspicious cargo to leave the docks. (JoC Online, dated 10/03/06, www.joc.com.)
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1. DHS to Target Terminals Violating Cargo Search Rules
2. Four Senators Announce Plans to Draft New China Currency Legislation
The Senate Finance Committee has posted to its Web site a press release announcing that Senators Grassley, Baucus, Schumer, and Graham will be crafting new, joint legislation addressing issues with China's currency during the next congressional session. The press release also states that Senators Schumer and Graham have agreed to forego a vote on their China currency bill which would have imposed a 27.5% duty on imports from China. (Press release, dated 09/28/06, available at http://finance.senate.gov/press/Gpress/2005/prg092806.pdf.)
3. FMC Orders Investigation, Hearing Concerning Possible Violations of Shipping Act
The Federal Maritime Commission (FMC) has issued an order of investigation and hearing concerning certain possible violations of the Shipping Act of 1984, as well as its regulations at 46 CFR Parts 515 and 520. According to the FMC, it appears that Parks International Shipping, Inc., Cargo Express international Shipping, Inc., and Bronx Barrels & Supplies Shipping Center, Inc. have each knowingly and willfully provided transportation services as non-vessel operating common carriers (NVOCCs) without obtaining an Ocean Transportation Intermediary (OTI) license, without providing proof of financial responsibility, and have knowingly and willfully operating as common carriers without publishing a tariff showing all of their active rates and charges. In addition, Ainsley Lewis, individually and through the above-listed three companies, appears to have provided OTI services without publishing a tariff and without providing proof of financial responsibility. (FMC D/N 06-09, served 09/19/06, available at http://www.fmc.gov/file.asp?F=D914352AAEF742E793AA036C4A996DA1%2Epdf&N=06%2D09ParksOrder%2Epdf&C=docket_activity)
4. President Extends National Emergency With Respect to Terrorism
The President has issued a notice that, effective September 21, 2006, continues for one year the national emergency with respect to persons who commit, threaten to commit, or support terrorism. (FR Pub 09/22/06, available at http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/pdf/06-8240.pdf)
5. APHIS Issues Final Rule on Imports from Canada of Pine Nursery Stock (Including Cut XMAS Trees, Logs, Etc.)
The Animal and Plant Health Inspection Service (APHIS) has issued a final rule, effective September 29, 2006, which adopts with one change the interim rule published October 20, 2004 restricting the importation of pine shoot beetle host material (pine nursery stock, cut Christmas trees, logs, etc.) into the U.S. from Canada. In the final rule, APHIS is removing the requirement for an import permit (also referred to as a written permit) for nonpropagative material except when the nonpropagative material is moving to a U.S. facility operating under a compliance agreement for specified handling or processing. APHIS notes that few shipments of cut pine Christmas trees move to such facilities, but are rather imported for retail sale. (See ITT's Online Archives or 10/29/04 news, 04102910, for BP summary of the interim rule.) (APHIS final rule, D/N 00-073-3, FR Pub 09/29/06, available at http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/pdf/E6-16079.pdf)
6. FAS Posts Various GAIN Reports to its Web Site
The USDA's Foreign Agricultural Service (FAS) has issued Global Agriculture Information Network (GAIN) Reports on the following issues:
Mexico announces a duty free sugar TRQ from the U.S. The Mexican Secretariat of Economy (SE) published in the September 12, 2006 Diario Oficial (Federal Register) a decree announcing that Mexico has granted duty-free access to sugar from the U.S. (See report for quantity restrictions, dates, etc.) (GAIN Report MX6077, dated 09/12/06, available at http://www.fas.usda.gov/scripts/gd.asp?ID=146228959)
Mexico publishes the list of authorized additives for food and beverages. On July 17, 2006, the Mexican Secretariat of Health (SSA) published the updated list of approved additives to be used as additives in food, beverages and food supplements. While GAIN Report MX6058 referred to the list of additives and colorants, this report includes the list of authorized purified substances, enzymes and synthetic flavors. (GAIN Report MX6070, dated 09/07/06, available at http://www.fas.usda.gov/scripts/gd.asp?ID=146218899)
China's rules for cotton quarantine (draft). This is an unofficial translation of China's National Standard on The Rules for Cotton Quarantine (preliminary draft for approval). (GAIN Report CH6076, dated 09/07/06, available at http://www.fas.usda.gov/scripts/gd.asp?ID=146218910)
7. BIS Denies Certain Export Privileges and Imposes Civil Penalty to Individual for Activities Involving Export without License
The Bureau of Industry and Security (BIS) has issued an Order based on a Settlement Agreement denying certain export privileges for a period of ten years from the date of entry of the Order to Thomas Campbell Butler for activities involving the export of the human pathogen Yersinia pestis to Tanzania without the required Department of Commerce license, etc. The Order also imposes a civil penalty of $37,400. (FR Pub 09/14/06, available at http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/pdf/06-7622.pdf)
8. BIS Denies Certain Export Privileges to Individual and Company for Activities Involving Unauthorized Transfer
BIS has issued two Orders denying certain export privileges for a period of ten years from the date of entry of the Orders to Mohammad Al-Mashan Group (MAMG), as well as Mr. Mohammad Al-Mashan as an individual, for activities involving the transfer of an uncooled infrared camera, an item subject to the Export Administration Regulations (EAR) and controlled on the Commerce Control List (CCL) for national security reasons, to an individual from the United Arab Emirates (UAE) in violation of a BIS license condition. (MAMG Order, FR Pub 09/22/06, available at http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/pdf/06-8067.pdf; Al-Mashan Order, FR Pub 09/22/06, available at http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/pdf/06-8066.pdf)
9. FMC Lists OTI Reissuances, Revocations and Applications
The FMC has issued three notices that either reissue ocean transportation intermediary (OTI) licenses, revoke OTI licenses, or list those applying for OTI licenses as a non-vessel-operating common carrier (NVOCC), ocean freight forwarder (FF) or NVOCC/FF OTI, as follows:
| Keene Machinery and Export (TX) |
FMC notice (reissuances, revocations & applications) (FR Pub 10/04/06) available at http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/pdf/E6-16397.pdf