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Miscellaneous International Trade Notices

The Consumer Product Safety Commission is issuing a final rule, effective August 26, 2009, on its determinations that certain materials (such as certain paper, wood, ink, textiles) do not exceed the lead content limits specified in the Consumer Product Safety Improvement Act of 2008. (See ITT's Online Archives or 08/21/09 news, 09082110, for BP summary detailing the final rule.)(FR Pub 08/26/09, available at http://edocket.access.gpo.gov/2009/pdf/E9-20589.pdf)

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1. CPSC Final Rule That Certain Materials Do Not Exceed the CPSIA Lead Content Limits for Children's Products

2. CPSC Withdraws 2006 Proposed Rule on CPSA Civil Penalty Factors

The Consumer Product Safety Commission has withdrawn a July 12, 2006 proposed rule on factors, other than those specified by statute, which the CPSC may consider in evaluating the appropriateness and amount of a civil penalty under the Consumer Product Safety Act. The Consumer Product Safety Improvement Act of 2008 (CPSIA) requirements on civil penalty factors for the CPSA and other laws supercede the rulemaking. (See ITT's Online Archives or 08/24/09 news, 09082410, for previous BP summary announcing that CPSC was withdrawing this proposed rule, and CPSC approving an interim final rule interpreting factors for CPSA/FHSA/FFA civil penalties.) (FR Pub 08/26/09, available at http://edocket.access.gpo.gov/2009/pdf/E9-20590.pdf)

3. TSA Issues Proposed Rule on New Procedures for Public Reporting of Security Issues

The Transportation Security Administration has issued a proposed rule to add new procedures by which members of the public could report to TSA a problem, deficiency, or vulnerability regarding transportation security, including the security of aviation, maritime, railroad, motor carrier vehicle, or pipeline transportation, or any mode of public transportation, such as mass transit, in accordance with the Implementing Recommendations of the 9/11 Commission Act of 2007. Written comments are due by October 26, 2009. (D/N TSA-2009-0014, FR Pub 08/26/09, available at http://edocket.access.gpo.gov/2009/pdf/E9-20551.pdf)

4. GAO States that "Out of Service" Trucking Firms May be Registering as New Entrants to Avoid Paying Fines

A Government Accountability Office report states that for carrier types other than motor coach, such as commercial trucking, its analysis indicates that there are 1,073 potentially reincarnated companies (registering as new entrants to avoid paying fines, etc.) for fiscal years 2007 and 2008. Of these, at least 500 are still active as of June 2009. GAO referred the 500 active carriers to FMCSA for further investigation. (Report, dated July 2009, available at http://www.gao.gov/new.items/d09924.pdf)

5. PHMSA Announces Public Meeting on Dangerous Goods

The Pipeline and Hazardous Materials Safety Administration will conduct a public meeting on September 29, 2009 in Washington, D.C. in preparation for the twenty-second meeting of the International Civil Aviation Organization's (ICAO) Dangerous Goods Panel (DGP) to be held October 5-16, 2009 in Montreal, Canada. (FR Pub 08/26/09, available at http://edocket.access.gpo.gov/2009/pdf/E9-20344.pdf)

6. OFAC Blocks 4 Entities, Individual Under Kingpin Act

The Office of Foreign Assets Control is publishing the name of one individual and four entities (located in Colombia, Venezuela, or Costa Rica) whose property and interests in property have been blocked pursuant to the Foreign Narcotics Kingpin Designation Act effective August 20, 2009. (FR Pub 08/26/09, available at http://edocket.access.gpo.gov/2009/pdf/E9-20577.pdf)

7. OFAC Unblocks One Colombian Individual

The Office of Foreign Assets Control is publishing the name of one Colombia individual whose property and interests in property are unblocked pursuant to Executive Order 12978, Blocking Assets and Prohibiting Transactions with Significant Narcotics Traffickers, effective August 20, 2009. (FR Pub 08/26/09, available at http://edocket.access.gpo.gov/2009/pdf/E9-20574.pdf)

8. EPA Fines N.J. Company for Illegal Export of Electronic Waste to Hong Kong

The Environmental Protection Agency has fined Supreme Asset Management and Recovery of Lakewood, N.J. $199,900 for illegally exporting non-working computer monitors to Hong Kong in 2007 and 2008, and for failing to promptly respond to EPA's requests for information. (News Release, dated 08/17/09, available at http://yosemite.epa.gov/opa/admpress.nsf/d0cf6618525a9efb85257359003fb69d/6faabcbb8598515985257615005adaae!OpenDocument)

9. Temporary Suspension of Non-Immigrant Visa Services in Honduras

The State Department has issued a press release announcing that it is conducting a full review of U.S. visa policy in Honduras. As part of that review, it is suspending non-emergency, non-immigrant visa services in the consular section of our embassy in Honduras, effective August 26. (Press release, dated 08/25/09, available at http://www.state.gov/r/pa/prs/ps/2009/aug/128349.htm.)

10. Economic Stimulus Funding for Enhanced Security at 10 Add'l Airports

The Department of Homeland Security announced on August 26, 2009 more than $240 million in American Recovery and Reinvestment Act (ARRA) funding for new in-line baggage handling systems at 10 additional airports across the U.S. (DHS press release, dated 08/26/09, available at http://www.dhs.gov/ynews/releases/pr_1251299226398.shtm.)

11. DoD Sends Final Rule on Export Control Laws to OMB for Approval

The Defense Department has sent to the Office of Management and Budget a final rule that would amend the Defense FAR Supplement to address requirements for complying with export control laws and regulations when performing DoD contracts. The rule would recognize contractor responsibilities to comply with existing Department of Commerce and Department of State regulations. (Rule, posted 08/24/09, available at http://www.reginfo.gov/public/do/eAgendaViewRule?pubId=200904&RIN=0750-AF13)

12. DoD Sends Final Rule on Components and Domestic Mfg. to OMB for Approval

DoD has sent OMB a final rule for approval that would amend the Defense FAR Supplement to clarify use of the terms "component" and "domestic manufacture" as they relate to restrictions on the acquisition of items from foreign sources. (Rule, posted 08/24/09, available at http://www.reginfo.gov/public/do/eAgendaViewRule?pubId=200904&RIN=0750-AF22)

13. APHIS Animal Product PPQ Manual Updated

The Animal and Plant Health Inspection Service has issued an August 24, 2009 version of the Plant Protection and Quarantine Animal Product Manual. This Manual provides the background, procedures, and regulatory actions to enforce the regulations governing the import and export of animals, animal products, and animal by-products. (Manual, updated 08/24/09, available at http://www.aphis.usda.gov/import_export/plants/manuals/ports/apm.shtml)

14. FAS Issues Data Set on Phyto Regulation of Fresh Fruits, Vegetables

The Foreign Agricultural Service has issued a data set on the Phytosanitary Regulation of the Entry of Fresh Fruits and Vegetables into the United States. (Data set, posted 08/24/09, available at http://www.ers.usda.gov/Data/FruitVegPhyto/)

15. FAS Reports Acceptance of DEIP Bids for Cheddar, Butter and Nonfat Dry Milk

The Foreign Agricultural Service reports that the U.S. Department of Agriculture's Commodity Credit Corporation has accepted bids under the Dairy Export Incentive Program from exportersT.C. Jacoby & Co., (cheddar cheese) to Africa and the Middle East, DairyAmerica, Inc. (nonfat dry milk) to Asia and Eurasia, andJames Farrell & Co., Inc. (butter) to Africa and the Middle East.

16. APHIS Nursery Stock Restrictions PPQ Manual Updated

APHIS has issued an August 25, 2009 version of the PPQ Nursery Stock Restrictions Manual, which summarizes the entry status of regulated plant materials capable of and intended for propagation. (Manual, updated 08/25/09, available at http://www.aphis.usda.gov/import_export/plants/manuals/ports/downloads/nursery_stock.pdf)

17. APHIS Cut Flowers and Greenery PPQ Manual Updated

APHIS has issued an August 24, 2009 version of its PPQ Cut Flowers and Greenery Manual, which provides the background, procedures, and reference tables for regulating the fresh, cut portion of the plant when it is imported for decoration or ornamentation, and for protecting plants that are threatened with extinction due to trade in those plants or their derivatives. (Manual, updated 08/24/09, available at http://www.aphis.usda.gov/import_export/plants/manuals/ports/downloads/cut_flower_imports.pdf)

18. APHIS List of Approved Taiwan Phalaenopsis Growers and Greenhouses Updated

APHIS has updated its list of Taiwan growers and greenhouses authorized to export Phalaenopsis in Growing Media into the U.S., as of August 20, 2009. (List, posted 08/24/09, available at http://www.aphis.usda.gov/import_export/plants/manuals/ports/downloads/taiwan_phalaenopsis_current.pdf)

19. CITT Initiates Preliminary Injury Inquiry into Oil Country Tubular Goods from China

The Canadian International Trade Tribunal has initiated a preliminary injury inquiry into a complaint by certain companies that they have suffered injury as a result of the dumping and subsidizing of oil country tubular goods from China. (Press Release, dated 08/25/09, available at http://www.citt-tcce.gc.ca/press/pi2j003_e.asp)

20. Japan Signs MOU with China on Cooperation in Intellectual Property Protection

Japan's Ministry of Economy, Trade and Industry has issued a press release announcing the August 24, 2009 signing of a memorandum of understanding (MOU) aimed at fostering bilateral exchange and cooperation in fields including the trademark system, the policing of counterfeit products, and prevention of unfair competition. (Press Release, dated 08/24/09, available at http://www.meti.go.jp/english/press/data/20090824_01.html)

21. CPSC Lists Voluntary Recalls

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

Product: ReasonCompanyRelease
Architect Series and 850 Series Casement Windows: Impact HazardPella Corp. (IA)09-765
Your Zone Loft Collection Entertainment Stands: Tip-Over HazardAmeriwood Industries (MO)09-766
Maytag, Magic Chef, Performa by Maytag and Crosley brand refrigerators: Fire HazardMaytag Corp. (IA)09-322

(CPSC recalls available at http://www.cpsc.gov/cpscpub/prerel/prerelaug09.html)

22. FAS Global Agriculture Information Network Reports

The Foreign Agriculture Service issued the following GAIN reports:

Jordan AGRICULTURAL BIOTECHNOLOGY ANNUAL: Enter a Descriptive Report Name

Ghana AGRICULTURAL BIOTECHNOLOGY ANNUAL: Agricultural Biotechnology Report

Russian Federation AGRICULTURAL BIOTECHNOLOGY ANNUAL: Agricultural Biotechnology Annual 2009

Mexico AGRICULTURAL BIOTECHNOLOGY ANNUAL: Mexico's Agricultural Biotechnology Sector

Guatemala AGRICULTURAL BIOTECHNOLOGY ANNUAL: Food Security in Developing Countries

Korea AGRICULTURAL BIOTECHNOLOGY ANNUAL: AGRICULTURAL BIOTECHNOLOGY ANNUAL

Hong Kong Food and Agricultural Import Regulations and Standards - Narrative: FAIRS Country Report

Brazil Food and Agricultural Import Regulations and Standards - Narrative: FAIRS Country Report

Thailand Final Import Protocols for U.S. Potatoes: Sanitary/Phytosanitary/Food Safety

Uzbekistan FAIRS Country Report

Chile Planting Seeds Voluntary Report: Planting Seeds

Italy Urging EU to change the way Dairy Farmers do Business: Dairy and Products

Colombia Increased Rice Production Makes Rice Imports from U.S. Unlikely: Grain and Feed

South Africa Food and Agricultural Import Regulations and Standards - Narrative: FAIRS Country Report

Malaysia Food and Agricultural Import Regulations and Standards - Narrative: FAIRS Country Report

India Weekly Highlights and Hot Bites No. 31: Agriculture in the News

Mexico Sorghum Producers in Tamaulipas Upset with GOM: Agriculture in the News

Thailand Price Insurance to Replace Mortgage Scheme: Grain and Feed

Mexico President Calderon Hails Agricultural Growth: Agriculture in the Economy

China Final Food Safety Law Implementation Measures: FAIRS Subject Report

Dominican Republic AGRICULTURAL BIOTECHNOLOGY ANNUAL: 2009

Ecuador AGRICULTURAL BIOTECHNOLOGY ANNUAL: 2009 Ecuador Agricultural Biotechnology Policy, Laws and Regulations

Vietnam AGRICULTURAL BIOTECHNOLOGY ANNUAL: 2009

Saudi Arabia TRADE REPORT - QUARTERLY IMPORTS: Second Quarter Barley Imports

India Monsoon Report (5): Agricultural Situation

Japan proposes a revision of maximum residue levels for 5 chemicals including a ban on one substance: FAIRS Subject Report

Pakistan Food and Agricultural Import Regulations and Standards - Narrative: FAIRS Country Report Annual 2009

Italy Understanding Italian Cheese: Dairy and Products

Venezuela News on dry milk imports and new rice prices: Agricultural Situation

Japan to approve 3 new flavorings: FAIRS Subject Report

Germany German Science Advisory Board Says MON810 Ban Scientifically Unjustified: Biotechnology

Chile Wine Competition Voluntary Report: Wine

India Weekly Highlights and Hot Bites No. 33: Agriculture in the News

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:

Animal Feeds, Other than Pet Treats, Due to the Presence of Salmonella

Manufacturers of Low Acid Canned Foods and Acidified Foods

Mahi-mahi Because of Histamine and Decomposition

Food Products Containing Illegal/Undeclared Sweeteners Attachment Revised 8/18/09

Laser Pointers, Laser Gunsights, Laser Levels, Laser Light Shows, Laser Pointer Key Chains, & Similar Products that Fail to Comply with Applicable Performance Standards and Reporting Requirements

Swordfish for Methyl Mercury

Aquaculture Seafood Products Due to Unapproved Drugs

Cheese Due to Microbiological Contamination

Devices w/o Approved PMA's or IDE's and Other Devices not Equivalent or No 510k

Cosmetics Due to Microbiological Contamination

Raw Agricultural Products for Pesticides

Raw and Cooked Shrimp from India

Seafood Products Due to Nitrofurans

Coumarin in Vanilla Products Extracts - Flavorings - Imitations

Unapproved New Drugs Promoted in The U.S.

Surgeon's and/or Patient Examination Gloves

Imported Food Products Due to NLEA Violations

Raw Agricultural Products for Pesticides

Seafood Products Due to the Presence of Salmonella

Food Products Due to the Presence of Salmonella

Foods Containing Illegal and/or Undeclared Colors

Processed Products for Pesticides

Imported Soft Cheese and Soft Ripened Cheese from France

Food Products Containing Sulfites

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

Honey and Blended Syrup Due to Presence of Ciprofloxacin and Enrofloxacin

24. FMC Lists OTI Applications

The Federal Maritime Commission (FMC) has issued a notice that lists those applying for ocean transportation intermediary licenses as a non-vessel-operating common carrier (NVOCC), ocean freight forwarder (FF) or NVOCC/FF OTI, as follows:

NVOCC OTI Applicants:
Bumerang Freight Limited Liability Company (NJ)
TSI Logistics, Inc. (CA)
NVOCC/FF OTIApplicants:
EDI Transport LLC (IN)
Network America Lines, Inc. (NJ)
Customs Cleared Company, Inc. (TN)
Samrat Container Lines, Inc. (NJ)
FF OTI Applicants:
Celestial Care Health Systems, Inc. (MD)

FMC notice (FR Pub 08/26/09) available at http://edocket.access.gpo.gov/2009/pdf/E9-20608.pdf