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Miscellaneous International Trade Notices

Shipper's NewsWire reports that the Census Bureau and the Department of Homeland Security have resolved their standoff over the rulemaking to require the electronic filing of export information. According to the article, the rule for mandatory use of the Automated Export System is expected to be published soon in the Federal Register. (SNW, dated 01/23/08, available at http://www.americanshipper.com/SNW_story.asp?news=82393.)

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1. Standoff Ends; Rule on Mandatory AES Expected to be Published "Soon"

2. Democratic Frontrunners Support Plan for Employee Port Truck Drivers

The Journal of Commerce reports that Democratic frontrunners, Hillary Clinton and Barack Obama, are urging California state officials to require that all port truck drivers be employees, a provision of the Los Angeles/Long Beach Clean Trucks Program that has been delayed. (JoC, dated 01/15/08, www.joc.com)

3. European Drug Makers Raided in Antitrust Investigation

The New York Times reports that European antitrust regulators recently raided big European drug makers as part of their investigation into whether patents and lawsuit settlements are being manipulated, resulting in fewer generic pharmaceuticals, among other things. (See ITT's Online Archives or 01/18/08 news, 08011899 2, for BP summary of the European Commission's launching of the antitrust inquiry.) (New York Times, dated 01/17/08, available at http://www.nytimes.com/2008/01/17/business/worldbusiness/17compete.html?ex=1358312400&en=1fadc74d33b1dc1e&ei=5088&partner=rssnyt&emc=rss)

4. Canada Announces Initial Phase of EDL Program for U.S. Entry

Canada's Office of Public Safety has issued a press release announcing the initial phase of its first enhanced driver's license (EDL) program, in which 500 EDLs will be offered at the designated centers to test the effectiveness of the program, and based on the results, could be extended to all Canadian citizens residing in British Columbia. EDLs are proposed as an alternative to the passport that will be required to enter the U.S. at its land and water borders no earlier than June 2009. (Press release, dated 01/21/08, available at http://www.publicsafety.gc.ca/media/nr/2008/nr20080121-eng.aspx)

5. Company Barred from Produce Op. Until Dec. 2009 for PACA Violations

The Agricultural Marketing Service has issued a press release announcing that the U.S. Department of Agriculture has cited Frank J. Gatto Inc. of Texas for violations of the Perishable Agricultural Commodities Act (PACA) for failure to make full payment promptly to 22 sellers of the agreed purchase prices which respondent purchased, received, and accepted in the course of interstate and foreign commerce during Apr.-Oct. 2006. As a result, the company cannot operate in the produce industry until Dec. 21, 2009, and then only if it obtains a PACA license. (AMS press release No. 002-08, dated 01/14/08, available at http://www.ams.usda.gov/news/002-08.htm)

6. PLI Announces Program on Database, Patent, Etc. License Agreements

The Practising Law Institute has announced an upcoming program entitled, "Advanced Licensing Agreements 2008," to provide guidelines for content, entertainment and database license agreements; master patent and technology licensing; etc. The program will take place in San Francisco on Feb. 28-29th, New York City on Mar. 27-28th, and Chicago on April 21-22nd, and will also be available by live webcast Feb. 28-29th. (Information and registration available at http://www.pli.edu/search/dtsearch.asp?request=AdvancedLicensingAgreements2008&EntityFilter=EventListing&Search=Search)

7. DEA Establishes 2008 Assessment of Annual Needs for Certain Chemicals

The Drug Enforcement Administration has issued a notice establishing the initial year 2008 Assessment of Annual Needs for certain List I chemicals in accordance with the Combat Methamphetamine Epidemic Act of 2005 (CMEA). The 2008 Assessment of Annual Needs represents those quantities of ephedrine, pseudoephedrine, and phenylpropanolamine which may be manufactured domestically and/or imported into the U.S. in 2008 to provide adequate supplies for certain needs, lawful export requirements, and the establishment and maintenance of reserve stocks. (DEA Notice, D/N DEA-306E, FR Pub 12/27/07, available at http://a257.g.akamaitech.net/7/257/2422/01jan20071800/edocket.access.gpo.gov/2007/pdf/07-6218.pdf)

8. DHS's HSAC and Subcommittee Schedule a January Review Meeting

The Department of Homeland Security's Homeland Security Advisory Council (HSAC) has issued a notice announcing that it was scheduled to meet on January 16, 2008 to review recommendations from the Secure Borders Open Doors Advisory Committee (SBODAC), an HSAC subcommittee. The SBODAC was also scheduled to hold a partially open meeting on January 16, 2008. (DHS Notice, D/N DHS-2007-0089, FR Pub 12/28/07, available at http://a257.g.akamaitech.net/7/257/2422/01jan20071800/edocket.access.gpo.gov/2007/pdf/E7-25138.pdf)

9. FDA Grants Exceptions/Alternatives to Labeling Requirements for SNS Products

The Food and Drug Administration has issued an interim final rule, effective December 28, 2007, permitting FDA Center Directors to grant exceptions or alternatives to certain regulatory labeling requirements applicable to certain products that are or will be included in the Strategic National Stockpile (SNS) in order to facilitate the safety, effectiveness, and availability of appropriate medical countermeasures in the event of a public health emergency. Comments should be submitted by March 27, 2008. (FDA interim final rule, D/N 2006N-0466, FR Pub 12/28/07, available at http://a257.g.akamaitech.net/7/257/2422/01jan20071800/edocket.access.gpo.gov/2007/pdf/E7-25165.pdf)

10. FMC Lists OTI Revocations

The Federal Maritime Commission has issued a notice announcing that it is revoking the following Ocean Transportation Intermediary (OTI) licenses:

FTZ 22 (D/N 1-2008, FR Pub 01/15/08) available at http://a257.g.akamaitech.net/7/257/2422/01jan20081800/edocket.access.gpo.gov/2008/pdf/E8-552.pdfFTZ 221 (Order No. 1538, FR Pub 01/15/08) available at http://a257.g.akamaitech.net/7/257/2422/01jan20081800/edocket.access.gpo.gov/2008/pdf/E8-555.pdfFTZ 38 (Order No. T-5-2007, FR Pub 01/14/08) available at http://a257.g.akamaitech.net/7/257/2422/01jan20081800/edocket.access.gpo.gov/2008/pdf/E8-457.pdf

12. 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 notice for specific details):

AgencyInformation CollectionComments Due/Status
CBP 1CBP Regulations for Customshouse Brokers02/15/08
CBP 2Cost Submission (CBP Form 247)02/15/08
CBP 3Declaration of Ultimate Consignee That Articles Were Exported for Temporary Scientific or Educational Purposes02/15/08
CBP 4Canadian Boat Landing Permit (Form I-68)02/15/08
CBP 5Commercial Invoice02/15/08
EPATSCA Section 8(a) Preliminary Assessment Information Rule (PAIR)02/19/08
FDAMedical Device User Fee Amendments of 2007; Foreign Small Business Qualification Certification (FDA Form 3602A)03/17/08

CBP 1 & 2 Information Collections (FR Pub 01/16/08) available at http://a257.g.akamaitech.net/7/257/2422/01jan20081800/edocket.access.gpo.gov/2008/pdf/E8-694.pdf

CBP 3 Information Collection (FR Pub 01/16/08) available at http://a257.g.akamaitech.net/7/257/2422/01jan20081800/edocket.access.gpo.gov/2008/pdf/E8-696.pdf

CBP 4 & 5 Information Collections (FR Pub 01/16/08) available at http://a257.g.akamaitech.net/7/257/2422/01jan20081800/edocket.access.gpo.gov/2008/pdf/E8-701.pdf

EPA Information Collection (FR Pub 12/21/07) available at http://a257.g.akamaitech.net/7/257/2422/01jan20071800/edocket.access.gpo.gov/2007/pdf/E7-24842.pdf

FDA Information Collection (FR Pub 01/15/08) available at http://a257.g.akamaitech.net/7/257/2422/01jan20081800/edocket.access.gpo.gov/2008/pdf/E8-569.pdf