Miscellaneous International Trade Notices
The Chinese Government's Official Web Portal reports that China's State Council, the country's Cabinet, recently issued an implementation regulation for the Labor Contract Law in an effort to clarify confusion surrounding the law. (Chinese Government press release, dated 09/18/08, available at http://english.gov.cn/2008-09/18/content_1099209.htm)
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1. China Issues Regulation to Clear Labor Contract Law Confusion
2. New and Updated FDA Information Advisories on Melamine Contamination
The Food and Drug Administration has issued an advisory that seven Mr. Brown instant coffee and milk tea products are being recalled by the Taiwanese company, King Car Food Industrial Co. Ltd., due to possible contamination with melamine. King Car Food Industrial Co. used a non-dairy creamer manufactured by Shandong Duqing Inc., China, which was found to be contaminated with melamine.
The FDA has also posted an update to its advisory regarding reports from China of melamine contaminated infant formula. The FDA had contacted the companies who manufacture infant formula for distribution in the U.S. and received information from the companies that they are not importing formula or source materials from China, etc. (FDA statements on instant coffee and tea milk products dated 09/26/08, available at http://www.fda.gov/bbs/topics/NEWS/2008/NEW01891.html, and on infant formula dated 09/23/08, available at http://www.fda.gov/bbs/topics/NEWS/2008/NEW01889.html)
3. APHIS Prohibits, Restricts Importation of Certain Ash Plants
The Animal and Plant Health Inspection Service has issued an interim rule, effective September 23, 2008, amending the regulations governing the importation of nursery stock to prohibit or restrict the importation of ash (Fraxinus spp.) plants for planting, except seed, from all foreign countries except for certain areas in Canada that are not regulated areas for emerald ash borer. APHIS notes that during the fiscal years 2005 and 2006, no Fraxinus spp. plants for planting were imported from any country except Canada. Comments must be received on or before November 24, 2008. (D/N APHIS-2007-0111, FR Pub 09/23/08, available at http://edocket.access.gpo.gov/2008/pdf/E8-22194.pdf)
4. TTB Considers Waiving Excise Tax Penalties, Interest Abatement for Businesses Affected by Ike
The Alcohol and Tobacco Tax and Trade Bureau (TTB) has issued a notice announcing that it will consider waiving late filing, payment or deposit penalties and abating interest regarding excise taxes administered and enforced by TTB on a case-by-case basis for those businesses affected by Hurricane Ike. (Notice, dated 09/19/08, available at http://www.ttb.treas.gov/main_pages/hurricane-ike.shtml)
5. 2009 TTB Expo Scheduled for June 24-26, 2009
The Alcohol and Tobacco Tax and Trade Bureau (TTB) has issued a notice announcing that its second annual TTB Expo is scheduled for June 24-26, 2009 in Covington, Kentucky. (Notice available at http://www.ttb.treas.gov/conference/expo09.shtml)
6. WCO Announces Enhancement of AmeriCaribe Web Page
The World Customs Organization has issued a notice stating that the Vice-Chair of the Americas and Caribbean Region has announced the enhancement of the AmeriCaribe, the regional members' Web page. (Notice, 09/19/08, available at http://www.wcoomd.org/home_wco_topics_cboverviewboxes_cbnews_cbenhancementof_theregionalamericascaribbeanwebsitenews.htm)
7. WTO Appellate Body Hearing on EC Banana Dispute Open to Public
The World Trade Organization reports that at the request of the parties in the disputes "European Communities - Regime for the Importation, Sale and Distribution of Bananas - Second Recourse to Article 21.5 of the DSU by Ecuador" and "European Communities - Regime for the Importation, Sale and Distribution of Bananas - Recourse to Article 21.5 of the DSU by the United States," the WTO Appellate Body Division hearing the appeals has decided to open the oral hearing on October 16-17, 2008 to public observation. (News release, dated 09/22/08, available at http://www.wto.org/english/news_e/news08_e/hearing_22sept08_e.htm)
8. Canada Amends Its Import Control List for Milk Protein Substances
According to the Canada Gazette, the Import Control List (ICL) has been amended to include milk protein substances with a milk protein content of 85% or more by weight, calculated on a dry matter basis, that do not originate in a NAFTA country, Chile, Costa Rica, or Israel and that are the subject of two commitments signed by the Government of Canada on June 12, 2008. The Gazette also includes an order amending the General Import Permit No. 100 on eligible agricultural goods to add these milk protein substances. (Canada Gazette, Vol. 142, No. 19, dated 09/17/08, available at http://canadagazette.gc.ca/partII/2008/20080917/html/sor282-e.html and http://canadagazette.gc.ca/partII/2008/20080917/html/sor287-e.html)
9. OFAC Designates 5 Individuals, 2 Entities under Iraq EO
The Office of Foreign Assets Control has issued a notice publishing the names of five newly designated individuals and two newly designated entities whose property and interests in property are blocked pursuant to Executive Order 13438 of July 17, 2007, Blocking Property of Certain Persons Who Threaten Stabilization Efforts in Iraq. (FR Pub 09/23/08, available at http://edocket.access.gpo.gov/2008/pdf/E8-22199.pdf)
10. AMS Announces National Organic Standards Board Meeting
The Agricultural Marketing Service has issued a notice announcing a forthcoming meeting of the National Organic Standards Board (NOSB). The meeting will take place on November 17-19, 2008 in Washington, DC. (D/N AMS-AMS-08-0083; TM-08-12, FR Pub 09/23/08, available at http://edocket.access.gpo.gov/2008/pdf/E8-22149.pdf)
11. BIS Renews Temporary Denial Order for Balli Group, Etc. for 180 Days
The Bureau of Industry and Security has issued a press release announcing that it renewed a Temporary Denial Order (TDO) suspending the export privileges of Balli Group PLC and related companies and individuals, Blue Airways, and Mahan Airways for an additional 180 days from September 17, 2008. Evidence obtained by BIS shows that the respondent parties have violated the Export Administration Regulations (EAR) and the TDO involving re-exports to Iran of three U.S. origin aircraft and that such violations have been significant, deliberate and covert, and that there is a likelihood of future violations, etc. (BIS press release, dated 09/22/08, available at http://www.bis.doc.gov/news/2008/bis_press09222008.htm; TDO, entered 09/17/08, available at http://www.bis.doc.gov/news/2008/tdo_09222008.pdf)
12. FTC Workshop on RFID Technology Held on Sept 23rd
The Federal Trade Commission issued a September 22, 2008 notice announcing that it was scheduled to hold a half-day workshop on September 23, 2008 on Radio Frequency Identification (RFID) technology in Washington, DC. (FTC notice, dated 09/22/08, available at http://www.ftc.gov/opa/2008/09/rfidma.shtm)
13. Revised FDA Import Alerts
The FDA issued revised versions of the following Import Alerts on the detention without physical examination of (hyperlinked):
Food Products due to the Presence of Salmonella (99-19)
14. FAS' Global Agriculture Information Network Reports
The Foreign Agricultural Service issued the following GAIN reports (hyperlinked):
Canada Livestock and Products: Livestock Annual
China Agricultural Situation: China Becomes Net Importer by Value
EU-27 Market Development Reports: Harmonized Indices of Consumer Prices - July 2008
Korea Organic Products: Organic Market Update 2008
Malaysia Oilseeds and Products: Update (August)
Poland Livestock and Products: Pork Industry Continues to Suffer
China FAIRS Subject Report: Phytophthora Regulation
Bermuda FAIRS Country Report: Annual
15. EU to Request New WTO Consultations on Indian Wine, Spirits Taxes
The European Commission reports that the European Union will request World Trade Organization consultations with India on its domestic tax regime for spirits and wines. The request follows a similar WTO panel in 2007, also on India's wines and spirits duties, which was suspended when India changed some elements of its law. These new consultations will seek clarifications from India on the way tax legislation and other measures on market access for wine and spirits are applied in states such as Goa, Maharashtra and Tamil Nadu. (IP/08/1382, dated 09/22/08, available at http://europa.eu/rapid/pressReleasesAction.do?reference=IP/08/1382&format=HTML&aged=0&language=EN&guiLanguage=en)
16. EC Refers Matters on Estonia, UK Port Security to Court of Justice
The European Commission decided to refer to the Court of Justice the matter of proceedings against Estonia and the United Kingdom for failing to transpose the European legislation on enhancing port security into national law within the set time limit. (EC press release, IP/08/1346, dated 09/18/08, available at http://europa.eu/rapid/pressReleasesAction.do?reference=IP/08/1346&format=HTML&aged=0&language=EN&guiLanguage=en)