Miscellaneous International Trade Notices

1. FMC Requests Additional Information from Parties to Port Fee Services Agreement

2. FMCSA Rejects Petition for Preemption of Certain California Motor Carrier Laws

The Federal Motor Carrier Safety Administration has issued a notice announcing the rejection of a petition by a group of motor carriers for preemption of California laws and regulations requiring employers to provide employees with meal and rest breaks. The petition does not satisfy the threshold requirement for preemption under 49 USC 31141(c) because the provisions at issue are not "laws and regulations on commercial motor vehicle safety," but rather laws and regulations applied generally to California employers. (FMCSA notice, FR Pub 12/24/08, available at http://edocket.access.gpo.gov/2008/pdf/E8-30646.pdf.)

3. APHIS Restores Surrey County, England to List of Regions Free of FMD, Etc.

The Animal and Plant Health Inspection Service has issued a final rule, effective January 8, 2009, amending the regulations governing the importation of certain animals, meat, and other animal products into the U.S. by restoring Surrey County, England, to the list of regions of the world that are considered free of rinderpest and foot-and- mouth disease (FMD), and to the list of regions of the world considered free of rinderpest and FMD but subject to additional importation restrictions because of those regions' proximity to or trading relationships with FMD-affected regions. (Final rule, D/N APHIS-2007-0124, FR Pub 12/24/08, available at http://edocket.access.gpo.gov/2008/pdf/E8-30724.pdf.)

4. President Assigns Reporting Function under the JADE Act to Secretary of State

The President has issued a memorandum assigning the Secretary of State the reporting function under the Tom Lantos Block Burmese Junta's Anti-Democratic Efforts (JADE) Act of 2008. (Memorandum, dated 12/23/08, available at http://www.whitehouse.gov/news/releases/2008/12/20081223-10.html.)

5. DHS Designates Malta as a Visa Waiver Program Country

The Department of Homeland Security has issued a news release announcing that it will designate Malta as a Visa Waiver Program (VWP) country on December 30, 2008. As a result, Maltese nationals will be able to travel visa-free to the U.S. effective Dec. 30th. (DHS press release, dated 12/22/08, available at http://www.dhs.gov/xnews/releases/pr_1230029562483.shtm.)

6. AES Compliance Seminar, AESPcLink Training in Atlanta

The Census Bureau has posted information to its Web site regarding the February 3 - 4, 2009 AES Compliance Seminar and AESPcLink Training that will be held in Atlanta, GA. (AES Compliance Seminar flyer available at http://www.census.gov/foreign-trade/aes/meetingsandpresentations/exportcompliance-atlanta-02032009.pdf.)

7. FDA Warns Consumers About Tainted Weight Loss Pills

The Food and Drug Administration has issued a news release alerting consumers nationwide not to purchase or consume more than 25 different products marketed for weight loss because they contain undeclared, active pharmaceutical ingredients that may put consumers' health at risk. (FDA press release, dated 12/22/08, available at http://www.fda.gov/bbs/topics/NEWS/2008/NEW01933.html.)

8. APHIS Submits Proposed Rule on Plant Imports to OMB for Review

The Animal and Plant Health Inspection Serviced submitted, on December 19, 2008, its proposed rule entitled "Importation of Plants for Planting; Establishing a New Category of Plants for Planting Not Authorized for Importation Pending Risk Assessment" to the Office of Management and Budget for review. (Rule available at http://www.reginfo.gov/public/do/eAgendaViewRule?ruleID=289520.)

9. DOE Submits Proposed Rule on Lamp Energy Efficiency Standards to OMB for Review

The Department of Energy submitted, on December 19, 2008, its proposed rule entitled "Energy Efficiency Standards for Fluorescent and Incandescent Reflector Lamps" to the Office of Management and Budget for review. (Rule available at http://www.reginfo.gov/public/do/eAgendaViewRule?ruleID=292822.)

10. OFAC Removes 4 Individuals from SDN List

The Office of Foreign Assets Control has issued a notice announcing that it is removing four individuals from the Specially Designated Nationals (SDN) List. (OFAC notice, dated 12/22/08, available at http://www.treas.gov/offices/enforcement/ofac/actions/20081222.shtml.)

11. CPSC Lists Voluntary Recalls

The CPSC has published notice of the following voluntary recalls:

(CPSC recalls available at http://www.cpsc.gov/cpscpub/prerel/prereldec08.html.)

12. FSIS Updates Export Requirements and Plant Lists

The Food Safety and Inspection Service has posted updated export requirements for the following countries: Indonesia (beef, poultry) and Korea(beef, poultry, pork, etc.). FSIS has also updated lists of U.S. plants approved to export meats to Mexico and pork to Russia.

13. Canada to Hold Appeal Hearing on Classification of Rotating Climbers

According to the Canada Gazette the Canadian International Trade Tribunal will hold a public hearing to consider the appeal in the case Dynamo Industries Inc. v. President of the Canada Border Services Agency on whether certain rotating climbers/children's merry-go-rounds consisting of a rotating platform bounded by vertical and horizontal ropes are properly classified under tariff item No. 9506.99.90. (Notice available at http://canadagazette.gc.ca/partI/2008/20081220/html/commis-e.htmlf129.)

14. Canada Dumping, Subsidizing Decision on Thermoelectric Containers

According to the Canada Gazette, the Canadian International Trade Tribunal found that the dumping and subsidizing of thermoelectric containers originating in or exported from China had caused injury to the domestic industry. (Notice available at http://canadagazette.gc.ca/partI/2008/20081220/html/commis-e.htmlf129.)