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Miscellaneous International Trade Notices

Note that Daily Update on Capitol Hill Trade Actions does not appear in today's issue of International Trade Today. Publication of this feature will resume as new information becomes available.

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Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.

1. Surface Trade with Canada, Mexico Fell 33.1% in April from '08

The Bureau of Transportation Statistics at the Department of Transportation announced that trade using surface transportation (by truck, rail and pipeline) between the U.S. and Canada and Mexico was 33.1 percent lower in April 2009 than in April 2008, dropping to $49.7 billion. April was the fourth consecutive month with a yearly decline of greater than 27 percent. (Notice, available at http://www.bts.gov/press_releases/2009/bts032_09/html/bts032_09.html)

2. President Issues Proclamation to Implement July 1 GSP Changes, Make Technical Corrections

President Obama has issued Proclamation 8394 in order to implement the July 1, 2009 changes to the Harmonized Tariff Schedule due to the 2008 GSP Annual Review. The Proclamation also makes technical corrections to the HTS necessary to provide the intended tariff treatment under the Miscellaneous Trade and Technical Corrections Act of 2004, the USCFTA, and the USOFTA. (The annexes containing these changes will be posted to the same FR link soon.) (FR Pub 07/02/09, available at http://edocket.access.gpo.gov/2009/pdf/E9-15907.pdf)

3. USTR Decides Against Initiating Section 301 IPR Investigation on Israel

The U.S. Trade Representative has decided not to initiate a Section 301 investigation with respect to a petition alleging that the Government of Israel has breached obligations under the WTO Agreement to protect intellectual property rights. The petition presented a number of complaints, including complaints regarding the intellectual property rights of U.S. pharmaceutical firms; the use of the proceeds from diamond exports, etc. (FR Pub 07/02/09, available at http://edocket.access.gpo.gov/2009/pdf/E9-15608.pdf)

4. Bolivia Disappointed Over ATPA Decision

During talks with State Secretary Clinton, Bolivia's Foreign Minister conveyed its government's disappointment over the U.S. decision not to reinstate Bolivia's trade preferences under the Andean Trade Preference Act. Secretary Clinton will meet with Bolivia again in coming weeks. (Press release, dated 07/02/09, available at http://www.state.gov/r/pa/prs/ps/2009/july/125567.htm.)

5. AES Broadcast on Erroneous Response Code 141

The Census Bureau has issued an AES Broadcast announcing that the Automated Export System mainframe is generating the response code 141 (Port of Unlading Not Allowed for Mode of Transportation) in error. Census states that the AES Team is aware of this problem and is working to resolve the matter. (AES Broadcast 209026 available by emailing documents@brokerpower.com.

6. July 2009 AES Newsletter Posted by Census

The Census Bureau has posted the July 2009 Automated Export System Newsletter. The July 2009 newsletter contains articles on Customs enforcement of the Foreign Trade Regulations, requests by foreign governments for U.S. export documentation, etc. (See future issue of ITT for details on the July newsletter.) (Newsletter available at http://www.census.gov/foreign-trade/aes/aesnewsletter072009.pdf.)

7. DDTC Posts Documents on DTrade Application Software

The Directorate of Defense Trade Controls of the State Department's Bureau of Political Military Affairs has posted documents providing specific information for the latest release of the Defense Trade Web Application Version 2.1, including its interface with the internal DTrade 2 system, new features and functionality, known software issues and limitations, and previous bug fixes. (Notice, dated 07/01/09, available at http://www.pmddtc.state.gov/DTRADE/documents/DT2v21%20EPRN.pdf)

8. ITA Issues Second Softwood Lumber Subsidies Report to Congress

As required by the Softwood Lumber Act of 2008, the ITA submitted to Congress, and posted online, a report on foreign government subsidies including stumpage subsidies, benefitting softwood lumber or softwood lumber products exported to the United States. The report analyzes imports of softwood lumber from Canada, Chile, and Germany during the period July 1 through December 31, 2008 from. (Report, available at http://ia.ita.doc.gov/sla2008/reports/softwood-lumber-subsidies-report-061509.pdf)

9. China Delays Mandatory Installation of Filtering Software

The Chinese Embassy in the U.S. states that China will delay the mandatory installation of the controversial "Green Dam-Youth Escort" filtering software on new computers as some computer producers said such massive installation demanded extra time. (See ITT's Online Archives or 06/26/09 news, 09062699, for BP summary of the FR notice) (Notice, dated 06/30/09, available at http://www.china-embassy.org/eng/xw/t570517.htm)

10. China Approves New Economic Zone in NE Coast

The Chinese Embassy in the U.S. states that China has approved plans to develop the coastal economic belt in the northeastern Liaoning Province in effort to rejuvenate the traditional industrial base. The economic belt, covering about 700 square km, will focus on shipbuilding, petroleum refining, advanced equipment manufacturing, raw materials, high-tech industries and agriculture processing. (Notice, dated 07//01/09, available at http://www.china-embassy.org/eng/xw/t570516.htm)

11. U.S. - Brazil CEO Forum Set for July 20-21 in D.C.

The Commerce Department announced that the fourth meeting of the U.S.-Brazil CEO Forum will take place in Washington, D.C. July 20-21, 2009. Secretary of Commerce Locke and other officials will co-chair the event, at which 20 U.S. and Brazilian CEOs will formulate recommendations to both governments on ways to strengthen the U.S.-Brazil economic relationship. (Notice, available at http://www.trade.gov/)

12. Northwest Ports Unveil Clean Air Strategy Report

The Port of Seattle, along with the ports of Tacoma and Vancouver, BC, released their first annual Northwest Ports Clean Air Strategy Implementation Report. This regional partnership was developed to reduce maritime and port-related diesel and greenhouse gas emissions in the Pacific Northwest that affect air quality and climate change. (Report, dated 07/01/09, available at http://www.portseattle.org/news/press/2009/07_01_2009_01.shtml)

13. CARB Announces July 1 Start Date of Vessel Clean Fuel Requirement

The California Air Resources Board states that beginning July 1, all ocean-going vessels within 24 nautical miles of California's coastline must use cleaner burning diesel fuel in order to comply with a new state regulation aimed at reducing the emissions of oxides of sulfur and nitrogen and diesel particulate matter, a known carcinogen. (News Release, dated 07/01/09, available at http://www.arb.ca.gov/newsrel/nr070109.htm)

14. NJ Hi-Tech Exporter Makes Guilty Plea in Vietnam Bribery Case

Joseph Lukas of New Jersey, a partner in Philadelphia-based Nexus Technologies Inc. pleaded guilty in a conspiracy to bribe Vietnamese government officials in exchange for lucrative contracts to supply equipment and technology to Vietnamese government agencies, in violation of the Foreign Corrupt Practices Act (FCPA), the Justice Department announced. Nexus Technologies identified U.S. vendors for underwater mapping equipment, bomb containment equipment, helicopter parts, chemical detectors, satellite communication parts and air tracking systems. (Release, dated 06/29/09, available at http://www.usdoj.gov/usao/pae/News/Pr/2009/jun/lukasrelease.pdf)

15. Retired Military Official Pleads Guilty to Bribery and Conspiracy Related to Defense Contracts in Afghanistan

The Department of Justice announced that First Lieutenant Robert Moore (Ret.) pled guilty to conspiracy and bribery charges for accepting money from contractors in exchange for the award of DOD contracts at Bagram Airfield, Afghanistan (Bagram)., and falsifying the number of bunkers and barriers delivered at Bagram, causing DOD to pay for items never received. (Release, dated 07/01/09, available at http://www.justice.gov/opa/pr/2009/July/09-at-653.html)

16. OFAC Releases Enforcement Information for July 1st

The Office of Foreign Assets Control has issued its civil penalties enforcement information for July 1, 2009. (Information, dated 07/01/09, available at http://www.treas.gov/offices/enforcement/ofac/civpen/penalties/06302009.pdf)

17. OFAC Updates its SDN List

The Office of Foreign Assets Control has added four individuals to and made multiple deletions from its Specially Designated Nationals list. (List, dated 07/01/09, available at http://www.treas.gov/offices/enforcement/ofac/actions/20090701.shtml)

18. State Dept Lists an Organization as Foreign and Global Terrorist

State Dept is announcing the designation of Kata'ib Hizballah (and other aliases) as a Foreign Terrorist Organization and as a Specially Designated Global Terrorist. (FR Pub 07/02/09, available at http://edocket.access.gpo.gov/2009/pdf/E9-15666.pdf)

19. Treasury Designates Individual, Entity Posting Threat to Stability in Iraq

On July 2, 2009, the Department of the Treasury targeted Iran-based individual Abu Mahdi al-Muhandis and Iraq-based Shia extremist group Kata'ib Hizballah for threatening the peace and stability of Iraq and the Government of Iraq. Both are designated under Executive Order (E.O.) 13438, which targets insurgent and militia groups and their supporters. (Press release TG-195, dated 07/02/09, available at http://www.treas.gov/press/releases/tg195.htm.)

20. FAS Announces GSM-102 Credit Guarantees for Export Sales to Kenya

The Foreign Agricultural Service has announced the availability of a $50 million credit guarantee for sales to Kenya of U.S. agricultural commodities under the Commodity Credit Corporation's Export Credit Guarantee Program (GSM-102) for fiscal year 2009. (Notice, dated 07/02/09, available at http://www.fas.usda.gov/scriptsw/pressrelease/pressrel_dout.asp?Entry=valid&PrNum=0122-09)

21. OPIC Signs Accords in Kosovo and Georgia

The U.S. and the Republic of Kosovo concluded a bilateral agreement under which the Overseas Private Investment Corporation will continue operations in Kosovo in light of its status as an independent country. Separately, OPIC signed a Memorandum of Understanding with the Investment Risk Management Agency of Georgia, an investment promotion agency established under the Georgian Ministry of Finance, to establish a joint outreach program to encourage U.S. investment in the country. (Notice, available at http://www.opic.gov/news/pressreleases/2009/)

22. FDA Posts Enforcement Report for July 1st

The Food and Drug Administration has posted its Enforcement Report for the week of July 1, 2009. The report contains information on actions taken in connection with agency regulatory activities. (Report, available at http://www.fda.gov/Safety/Recalls/EnforcementReports/ucm170185.htm)

23. 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:

Imported Food Products Due to NLEA Violations

Raw Fresh Fruits and Vegetables from Listed Manufacturers, Shippers, and/or Growers Due to the Presence of Pathogenic Contamination

Unapproved New Drugs Promoted in the U.S.

Cheese Due to Microbiological Contamination

Drugs From Firms Which Have Not Met Drug GMPs

Processed Products for Pesticides

Raw Agricultural Products for Pesticides

Food Products Containing Sulfites