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Miscellaneous International Trade Notices

According to Federal Maritime Commission sources, on November 17, 2008, the FMC filed a motion seeking to block, on a preliminary basis, certain portions of the Los Angeles and Long Beach Port's Clean Truck Program (CTP) pending a decision by the U.S. District Court for the District of Colombia on the merits of the FMC's complaint seeking a permanent injunction against aspects of FMC Agreement No. 201170-001. Motion for preliminary injunction and ancillary documents available at http://www.fmc.gov/home/FMCFilesComplaintReLALGBAgreement.asp

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1. FMC Files Motion for Preliminary Injunction Against LA/LB CTP

2. ITA Requests Comments on Cost Recovery for U.S.-EU Data Transfer

The International Trade Administration has issued a notice requesting public comments by December 16, 2008 on the proposed implementation of a cost recovery program to support the operation of the U.S.-European Union Safe Harbor Framework, which allows U.S. companies to satisfy the requirements of the EU's Directive on Data Protection when transferring personal information from the EU. ITA is proposing to establish a two-tiered fee structure in which new clients would be required to pay a $200 registration (processing) fee and existing clients who renew their certification commitment to Safe Harbor would pay $100 each year following their initial certification. (ITA notice, FR Pub 12/05/08, available at http://edocket.access.gpo.gov/2008/pdf/E8-28906.pdf)

3. OFAC Designates 21 Entities, 4 Individuals under Zimbabwe EO

The Office of Foreign Assets Control has issued a notice publishing the names of twenty-one newly-designated entities and four individuals whose property and interests in property are blocked pursuant to Executive Order 13469 of July 25, 2008, Blocking Property of Additional Persons Undermining Democratic Processes or Institutions in Zimbabwe. (FR Pub 12/03/08, available at http://edocket.access.gpo.gov/2008/pdf/E8-28642.pdf.)

4. USDA Reports on Outlook for U.S. Agricultural Trade

The U.S. Department of Agriculture has posted a report on the outlook for U.S. agricultural trade. According to the report, FY 2009 agricultural exports are forecast at $98.5 billion, down $14.5 billion from August and $17.0 billion below record 2008 sales. (Report available at http://usda.mannlib.cornell.edu/usda/current/AES/AES-12-01-2008.pdf.)

5. GAO Report on International Climate Change Programs

The Government Accountability Office has released its report entitled "International Climate Change Programs: Lessons Learned from the European Union's Emissions Trading Scheme and the Kyoto Protocol's Clean Development Mechanism." (GAO Report GAP-09-151, available at http://www.gao.gov/new.items/d09151.pdf.)

6. OMB Receives for Review EPA Proposed Rule on Greenhouse Gas Mandatory Reporting

The Office of Management and Budget received, on October 24, 2008, and is reviewing the Environmental Protection Agency's proposed rule entitled "Greenhouse Gas Mandatory Reporting Rule." (Rule available at http://www.reginfo.gov/public/do/eAgendaViewRule?ruleID=293066.)

7. OMB Receives for Review DOJ Proposed Rule on Child Safety Locks

The OMB received, on October 9, 2008, and is reviewing the Justice Department's proposed rule entitled "Implementation of the Child Safety Lock Act of 2005." (Rule available at http://www.reginfo.gov/public/do/eAgendaViewRule?ruleID=291646.)

8. USTR Statement on Taiwan's Accession to WTO Agreement on Gov't Procurement

The Office of the U.S. Trade Representative has posted a statement regarding the completion of negotiations on Taiwan's accession to the WTO Agreement on Government Procurement (GPA). (USTR press release, dated 12/01/08, available at http://www.ustr.gov/assets/Document_Library/Press_Releases/2008/December/asset_upload_file960_15238.pdf.)

9. Revised FDA Import Alerts

FDA has posted revised versions of the following Import Alerts on the detention without physical examination of:

and Guidance of Foods Containing Illegal and/or Undeclared Colors

Processed Products for Pesticides

Food Products Due to the Presence of Melamine and/or Melamine Analogs

Unapproved New Drugs Promoted in the U.S.

Shrimp

10. Canada to Begin Formal WTO Consultations on U.S. COOL

Foreign Affairs and International Trade Canada reports that the government of Canada is seeking formal consultations with the U.S. under the World Trade Organization (WTO) dispute settlement process on country-of-origin labeling (COOL) measures for certain produce, meats, etc. The decision to request consultations follows discussions and representations to the U.S. on Canada's concerns with COOL. (DFAIT news release available at http://w01.international.gc.ca/minpub/Publication.aspx?isRedirect=True&publication_id=386637&language=E&docnumber=232.)

11. Canada Statement of Reasons for Preliminary Determination on Certain Aluminum Extrusions from China

The Canada Border Services Agency has posted its statement of reasons concerning the preliminary determination of investigations into the dumping and subsidizing of certain aluminum extrusions originating in or exported from China. (CBSA notice, dated 12/02/08, available at http://www.cbsa.gc.ca/sima-lmsi/i-e/ad1379/ad1379-i08-pd-eng.html.)

12. CBSA Notice on Softwood Lumber Exports to the U.S.

The CBSA has posted a notice entitled "Softwood Lumber Exports to the United States: Applications for an Export Allocation," which advises exporters of the opportunity and procedure for making applications for softwood lumber export allocations. (CBSA notice, dated 12/02/08, available at http://www.international.gc.ca/eicb/notices/ser160-en.asp.)

13. Japan, Peru Sign Investment Agreement

Japan's Ministry of Economy, Trade and Industry reports that Japan and Peru signed an investment agreement during the recent Japan-Peru Summit Meeting.

(METI press release available at http://www.meti.go.jp/english/press/data/nBackIssue20081122_01.html.)