Miscellaneous International Trade Notices

February 13, 2009 |Top News

The National Customs Brokers and Forwarders Association of America issued on February 11, 2009 an email notice stating that NCBFAA subject matter experts (SMEs) are working with senior managers at U.S. Customs and Border Protection to answer additional questions on the recent startup of the Importer Security Filing (ISF). In response to forwarded questions (additional questions can be sent to eid@ncbfaa.org ), NCBFAA states that (partial list):

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1. NCBFAA SMEs and CBP Managers Answer Additional Q&As on 10+2

Carriers do not have to file the AMS before the ISF can be filed.

At this time, all warning messages should be disregarded, as they are a result of protocol testing.

The requirement for the lowest level BL has created an open issue for many carriers, as some do not normally issue these numbers until later in the transaction. This issue is being addressed between the carriers and CBP.

In a recent meeting with NCBFAA, CBP outlined an expected 6-month phase in period for bond requirements prior to the January 26, 2010 deadline.

(NCBFAA 02/11/09 email available by emailing documents@brokerpower.com )

2. Senator Gregg Withdraws from Consideration of Commerce Secretary

On February 12, 2009, Senator Gregg issued a statement announcing that he has withdrawn himself from consideration as President Obama's Secretary of Commerce. Gregg withdrew his name from consideration over differences with the Obama Administration on the stimulus package and the Census. (Press release, dated 02/12/09, available at http://gregg.senate.gov/public/index.cfm?FuseAction=PressRoom.PressReleases&ContentRecord_id=6c5fa06b-802a-23ad-4f98-65d74c049a47)

3. Senate Homeland Security Committee Hears Testimony on Merging Homeland Security and National Security Councils

On February 12, 2009, the Senate Homeland Security and Governmental Affairs Committee heard arguments for and against the idea of merging the Homeland Security Council (HSC) with the National Security Council (NSC). Lieberman and Collins said they were open to a potential merger, but both expressed concerns that the interests of homeland security could be overshadowed by the interests of national security and warned that any merger would have to ensure that homeland security received appropriate attention from the President. (Press release, dated 02/12/09, available at http://hsgac.senate.gov/public/index.cfm?Fuseaction=PressReleases.Detail&PressRelease_id=016247fc-8c71-4795-abc8-14a0a05687f9&Month=2&Year=2009&Affiliation=C.)

4. Senate Commerce Committee Announces New Subcommittees

The Senate Commerce and Transportation Committee has announced new Commerce Subcommittees for the 111th Congress: Communications and Technology; Aviation Operations, Safety, and Security; Science and Space, Oceans, Atmosphere, Fisheries, and Coast Guard; Surface Transportation and Merchant Marine Infrastructure, Safety, and Security; Consumer Protection, Product Safety, and Insurance; and Competitiveness, Innovation, and Export Promotion. (Press release, dated 02/12/09, available at http://commerce.senate.gov/public/index.cfm?FuseAction=PressReleases.Detail&PressRelease_id=ce9d80b4-92c5-4020-9e69-b4a25dcfcd18&Month=2&Year=2009.)

5. House Transportation Committee Approves Oversight Plan

On February 12, 2009, the House Committee on Transportation and Infrastructure approved its oversight plan for the 111th Congress. Under the oversight plan, the Committee will "actively review the activities of government agencies and entities within its jurisdiction and the public and private interests that they affect or regulate." (Press release, dated 02/12/09, available at http://transportation.house.gov/news/PRArticle.aspx?NewsID=821.)

6. Trade Deficit Decreased in 2008

Census has issued a press release announcing that the U.S. international deficit in goods and services decreased to $677.1 billion in 2008 from $700.3 billion 2007. For December, the goods and services deficit decreased to $39.9 billion from $41.6 billion (revised) in November. (Press release, dated 02/11/09, available at http://www.census.gov/foreign-trade/Press-Release/current_press_release/press.html)

7. Freight Transportation Services Index Fell in December 2008

The Department of Transportation's Bureau of Transportation Statistics (BTS) reports that the Freight Transportation Services Index (TSI) fell 2.3 percent in December from its November level, falling for the second consecutive month. (Press release, dated 02/11/09, available at http://www.bts.gov/press_releases/2009/bts007_09/html/bts007_09.html)

8. Coast Guard Delays TWIC for American Samoa

The Coast Guard has issued a notice to inform owners and operators of facilities located on the island of American Samoa within Captain of the Port Zone Honolulu that the date by which they must implement access control procedures utilizing the Transportation Worker Identification Credential has been extended to no later than April 14, 2009. (FR Pub, dated 02/12/09, available at http://edocket.access.gpo.gov/2009/pdf/E9-3119.pdf)

9. Treasury Targets U.S. Front for Sri Lankan Terrorist Organization

The Treasury Department has designated the support network of the Sri Lanka-based designated terrorist group Liberation Tigers of Tamil Eelam (LTTE) under Executive Order 13224. The Office of Foreign Assets Control has also added LTTE to its Specially Designated Nationals list. (Treasury department press release, dated 02/11/09, available at http://www.treas.gov/press/releases/tg22.htm)

10. CBP Chicago to Host Presentation on 10+2 Interim Final Rule

CBP's Port of Chicago has issued a Pipeline stating that representatives from CBP Headquarters will be in Chicago on February 25, 2009 to provide the trade community with an opportunity to learn more about the 10+2 interim final rule. (Pipeline 09-02, dated 02/09/09, is available via email by sending a request to documents@brokerpower.com)

11. CBP Chicago Cancels Annual State of the Port Meeting

CBP's Port of Chicago has issued a Pipeline stating that it will not be hosting an annual State of the Port meeting this year since it is hosting the presentation on the 10+2 interim final rule on February 25, 2009. (Pipeline 09-03, dated 02/09/09, is available via email by sending a request to documents@brokerpower.com)

12. CBP Los Angeles Bulletin on Aircraft Diversions

CBP's Port of Los Angeles has issued a Public Bulletin informing air carriers of the procedures for notifying CBP of international aircraft diversions. (Bulletin LA09-006, dated 02/09/09, is available via email by sending a request to documents@brokerpower.com)

13. FDA and Canada Hold Regulatory Meeting on BPA

The Food and Drug Administration and Health Canada's Health Products and Food Branch hosted a meeting of representatives of U.S. and Canadian manufacturers and users of food packaging materials containing bisphenol A (BPA) to discuss what is being done to help minimize the levels of the chemical in food on January 30, 2009. The meeting was also part of FDA's efforts to assist industry in its voluntary BPA reduction efforts. (FDA, dated 02/09/09, available at http://www.fda.gov/bbs/topics/NEWS/2009/NEW01955.html)

14. Canada Brings Into Force Amendment to Military and Strategic Goods Exemption Regulations

Canada's Foreign Affairs and International Trade (DFAIT) agency states that on February 5, 2009, an amendment to the Military and Strategic Goods Exemption Regulations (Persons) was registered and brought into force. This amendment addresses an issue raised by the Standing Joint Committee for the Scrutiny of Regulations regarding the use of inconsistent terminology between the English and French versions of the regulations. (Notice, dated 02/05/09, available at http://www.international.gc.ca/controls-controles/military-militaires/exempt-reg-reg-exempt.aspx?lang=eng)

15. Canada Tables Legislative Review of the Export Development Act

Canada's DFAIT reports that on February 9, 2009, a report on the 2008 Legislative Review of the Export Development Act was tabled in Canada's parliament. The report, which includes 29 recommendations, meets a statutory obligation to review Canada's Export Development Act every 10 years. (News release, dated 02/10/09, available at http://w01.international.gc.ca/minpub/Publication.aspx?isRedirect=True&publication_id=386821&language=E&docnumber=38)

16. ICE and CBP Return Pre-Columbian Artifacts to Peruvian Government

A U.S. Immigration and Customs Enforcement press release states that its officials as well as those from CBP on February 11, 2009 returned to the Peruvian government 334 pre-Columbian artifacts that were seized in 2007 following an ICE-led investigation. (News release, dated 02/11/09, available at http://www.ice.gov/pi/nr/0902/090211laredo.htm)

17. FDA Posts Enforcement Report for February 11th

The Food and Drug Administration has posted its Enforcement Report for the week of February 11, 2009. The report contains information on actions taken in connection with agency regulatory activities. (FDA report, dated 02/11/09, available at http://www.fda.gov/bbs/topics/ENFORCE/2009/ENF01094.html)

18. Engineering/Construction Company Pleads Guilty for Bribing Nigerian Officials

According to the Justice Department, Kellogg Brown & Root LLC (KBR), a global engineering, construction and services company based in Houston, pleaded guilty on February 11, 2009 to charges related to the Foreign Corrupt Practices Act (FCPA) for its participation in a decade-long scheme to bribe Nigerian government officials to obtain engineering, procurement and construction (EPC) contracts. The EPC contracts to build liquefied natural gas (LNG) facilities on Bonny Island, Nigeria, were valued at more than $6 billion. (Justice department press release, dated 02/11/09, available at http://www.justice.gov/opa/pr/2009/February/09-crm-112.html)

19. CPSC Lists Voluntary Recalls

The Consumer Product Safety Commission has published notice of the following voluntary recalls:

Product: Reason	Company	Release
Bicycle Forks: crash hazard	Tenneco-Marzocchi s.r.l., (Italy)	09-125
Halogen Clamp Lamps: fire and burn hazard	Catalina Lighting Inc., (FL)	09-124
"Field & Stream" Dual Burner Camp Stoves	Dick's Sporting Goods (PA)	09-123
Golfer's Billiard Games	Dick's Sporting Goods Inc. (PA) and Golf Galaxy Inc. (PA)	09-122
Personal Cooking Systems and Group Cooking Systems: burn hazard	Jetboil Inc. (N.H.)	09-126

(Recalls available at http://www.cpsc.gov/cpscpub/prerel/prerelfeb09.html)

20. Revised FDA Import Alerts

The Food and Drug Administration has posted revised versions of the following Import Alerts on the detention without physical examination of:

21. FAS Posts Market and Trade Data Reports

The Foreign Agricultural Service has posted the following Market and Trade Data Feature Reports:

22. FAS Global Agriculture Information Network Reports

The Foreign Agriculture Service issued the following GAIN reports: