Miscellaneous International Trade Notices

October 22, 2009 |Top News

The World Customs Organization states that at the 8th Asia-Europe Customs DGs/Commissioners Meeting held in Greece on October 15-16, 2009, members adopted the ASEM Trade Facilitation Action Plan on Customs Matters (TFAP) for 2010-2012, which includes enhanced dialogue with business and exploration of the possibility to implement pre-arrival and pre-departure security declaration in line with SAFE Framework of Standards. (Report, posted 10/20/09, available at http://www.wcoomd.org/speeches/?v=1&lid=1&cid=2&id=172)

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1. Asia-Europe Customs to Explore SAFE Framework Pre-Arrival, Pre-Departure Security Declarations

2. ICE Seizes Suspected Counterfeit DVDs Shipped from China

The Bureau of Immigration and Customs Enforcement states that more than 300,000 suspected counterfeit DVDs involving a major reseller and online vender were seized over the weekend in Chicago and Detroit. The merchandise was shipped from China through Chicago and destined for Detroit. (News release, dated 10/20/09, available at http://www.ice.gov/pi/nr/0910/091020detroit.htm)

3. CPSC Postpones Decision on Lead Content Exclusion Request to Nov. 4th

During an October 21, 2009 open meeting, the Commissioners of the Consumer Product Safety Commission decided to postpone until November 4, 2009 their vote on a request for an exclusion from the lead content limits of the Consumer Product Safety Improvement Act (CPSIA) for brass wheel parts of toy tractors, etc. (See ITT's Online Archives or 10/15/09 news, 09101510, for BP summary of an October 14, 2009 meeting which indicated some Commissioners were considering a de minimis approach to lead content exclusions.) (CPSC webcast of meeting available at http://www.cpsc.gov/webcast/previous.html)

4. China to Impose 36% Duty on Nylon 6 from the U.S.

China has preliminarily determined that the U.S. and three other countries/regions have dumped Nylon 6 on the Chinese market and these imports have caused substantial damage to the domestic sector. Therefore, China will impose a 36% tariff or "security deposit" on imported nylon 6 or polycaprolactam from the U.S. - but a lesser tariff on such exports from the EU, Russia and Taiwan - in apparent response to the U.S.' recent imposition of 35% additional duties on Chinese tires. Nylon 6 is widely used in the manufacture of hosiery, knitted garments, threads, ropes, filaments, nets and tire cords. (Notice, dated 10/19/09, available at http://english.mofcom.gov.cn/aarticle/counselorsreport/westernasiaandafricareport/200910/20091006567149.html)

5. DHS OIG's Report Finds CBP's Cash Collection Process Could be Improved

The Department of Homeland Security's Office of Inspector General has posted a report on its audit of the design and implementation of U.S. Customs and Border Protection's internal controls related to the cash collection process. According to the OIG, CBP has in place several good practices designed to mitigate cash collection and deposit risk at ports of entry, but its implementation of internal controls could be improved. (Report, dated September 2009, available at http://www.dhs.gov/xoig/assets/mgmtrpts/OIG_09-105_Sep09.pdf)

6. CBP Final Rule Revises List of User Fee Airports

CBP has issued a final rule, effective October 21, 2009, that revises the list of user fee airports to reflect the removal of the Roswell Industrial Air Center in Roswell, New Mexico and the March Inland Port Airport in Riverside, California, as well as indicating that the Capital City Airport in Lansing, Michigan has changed its name to the Capital Region International Airport. Another final rule, effective October 21, 2009, amends this list to reflect the withdrawal of Santa Maria Public Airport, Santa Maria, California. (CBP Dec. 09-41, FR Pub 10/21/09, available at http://edocket.access.gpo.gov/2009/pdf/E9-25318.pdf)

7. CPSC Approves CPSIA Lead Guidance, Lab Requirements for Lead, ANPR on ROVs

During an October 21, 2009 open meeting, the Commissioners of the Consumer Product Safety Commission approved: (i) a guidance document on testing and certification of children's products for CPSIA lead content. (See today's ITT, 09102205, for BP summary of this document which was immediately posted); (ii) lab accreditation requirements that must be met for third-party labs to test children's products for lead content limits; and (iii) an advance notice of proposed rulemaking to address the safety of Recreational Off-Highway Vehicles (ROVs). (CPSC webcast of meeting available at http://www.cpsc.gov/webcast/previous.html)

8. CPSC Public Hearing on Draft Guidance on Unblockable Drains

The Consumer Product Safety Commission will conduct a public hearing on Nov. 4, 2009 in Bethesda, Maryland to receive views from all interested parties about the draft guidance for industry entitled ''July 2009 Staff Draft Technical Guidance on Unblockable Drains.'' (FR Pub 10/21/09, available at http://edocket.access.gpo.gov/2009/pdf/E9-25311.pdf)

9. FDA Draft Guidance on Tobacco Registration for Domestic Tobacco Products

The Food and Drug Administration is announcing the availability of a draft guidance for industry entitled ''Registration and Product Listing for Owners and Operators of Domestic Tobacco Product Establishments.'' The draft guidance document is intended to assist persons making tobacco product establishment registration and product listing submissions to FDA under The Family Smoking Prevention and Tobacco Control Act (FSPTCA). Written comments are due by October 30, 2009. (D/N FDA-2009-D-0508, FR Pub 10/21/09, available at http://edocket.access.gpo.gov/2009/pdf/E9-25235.pdf)

10. DDTC Announces D-Trade2 Outage on Oct. 23rd

The Directorate of Defense Trade Controls has announced that the D-Trade 2 system will undergo essential system upgrades from 6:00 pm EST to 9:00 pm EST on Friday, October 23, 2009 and will be unavailable during this time. The anticipated effect of this change is that case submissions and statuses will not flow between External and Internal systems for a period of time during the outage window. (Notice, dated 10/19/09, available at http://www.pmddtc.state.gov/documents/IndustryNotice-DT2.pdf)

11. ITA Issues Preliminary AD Determination on PE Carrier Bags from Taiwan

The International Trade Administration has issued a fact sheet announcing its preliminary affirmative AD duty determination on polyethylene retail carrier bags from Taiwan. (Fact sheet, dated 10/20/09, available at http://ia.ita.doc.gov/download/factsheets/factsheet-taiwan-prcb-101909.pdf)

12. ITC Issues Annual Report on Administrative Protective Orders

The International Trade Commission has issued a has issued an annual report on the status of its practice with respect to violations of its administrative protective orders in investigations under Title VII of the Tariff Act of 1930. (FR Pub 10/21/09, available at http://edocket.access.gpo.gov/2009/pdf/E9-25243.pdf)

13. DEA Notices Announce 2009 and 2010 Quotas for Controlled Substances

The Drug Enforcement Agency has established its initial 2010 controlled substances aggregate production quotas, and its final revised controlled substances aggregate production quotas for 2009.

14. DEA Sends Final Rule to OMB on Ephedrine, Etc.

The Drug Enforcement Agency has asked OMB to approve a final rule to remove domestic, import, and export thresholds for the List I chemicals ephedrine, pseudoephedrine, and phenylpropanolamine. This action is being taken both to implement the quota provisions of the Combat Methamphetamine Epidemic Act of 2005 and due to the potential for diversion of these List I Chemicals. (Rule, received 10/16/09, available at http://www.reginfo.gov/public/do/eAgendaViewRule?pubId=200904&RIN=1117-AB09)

15. OFAC Issues Quarterly Report of Licensing Activities

The Office of Foreign Assets Control has released its Quarterly Report of Licensing Activities, covering activities undertaken by OFAC under Section 906(a)(1) of the Trade Sanctions Reform and Export Enhancement Act of 2000 (TSRA) from April through June 2009. (Report, posted 10/15/09, available at http://www.treas.gov/offices/enforcement/ofac/actions/20091015_35.shtml)

16. OFAC Blocks Property of Three Turks Under Kingpin Act

The Office of Foreign Assets Control is publishing the names of three Turkish individuals whose property and interests in property have been blocked pursuant to the Foreign Narcotics Kingpin Designation Act, effective on October 14, 2009. (FR Pub 10/21/09, available at http://edocket.access.gpo.gov/2009/pdf/E9-25289.pdf)

17. Notice of U.S. Millennium Challenge Compact with Senegal

The Millennium Challenge Corporation is publishing a summary and the complete text of the Millennium Challenge Compact between the U.S., acting through the Millennium Challenge Corporation, and the Republic of Senegal. The five-year Millennium Challenge Compact will provide up to $540 million for agriculture and infrastructure. (FR Pub 10/21/09, available at http://edocket.access.gpo.gov/2009/pdf/E9-23328.pdf)

18. U.S.-Canada Emergency Management Group Met on October 20, 2009

The State Department has issued a press release announcing that on October 20, 2009, the U.S. and Canada held the first meeting of the Consultative Group established under the United States-Canada Agreement on Emergency Management Cooperation. The agreement provides the framework for the U.S. and Canada to cooperate in planning for and responding to natural and man-made incidents, emergencies, and disasters. (Press release, dated 10/20/09, available at http://www.state.gov/r/pa/prs/ps/2009/oct/130760.htm.)

19. EU Considering Suspension of Sri Lanka's GSP Benefits

The European Commission has determined that there are significant shortcomings in Sri Lanka's human rights standards and that the country is in breach of its GSP commitments. The EC will now consult with Member States on whether to prepare a proposal with a view to temporarily suspending these additional trade benefits. (Press release, posted 10/19/09, available at http://trade.ec.europa.eu/doclib/press/index.cfm?id=466)

20. New EU Standards Likely for Newborn/Children Sleeping Products

The European Union's General Product Safety Committee has voted to set new safety standards for sleeping products for newborns and young children. The proposal will now be examined by the European Parliament and the European Council (3-month scrutiny period) and then to the College of Commissioners for a formal decision. The standards are part of a broader drive by the Commission and Member States to update a wide range of safety standards for children's products in the EU. A question and answer document on the standards is availablehere. (Press release, dated 10/21/09, available at http://europa.eu/rapid/pressReleasesAction.do?reference=IP/09/1554&format=HTML&aged=0&language=EN&guiLanguage=en)

21. China Issues New Standards/Certification Req's for Household Goods

China's General Administration of Quality Supervision, Inspection and Quarantine has issued three national standards for household and similar electrical appliances requiring certification: (i) Household and similar electrical appliances-Safety-Particular requirements for appliances of heating liquids (GB4706.19-2008); (ii) Household and similar electrical appliances-Safety-Particular requirements for range hoods (GB4706.28-2008); and (iii) Household and similar electrical appliances-Safety-Particular requirements for microwave ovens, including combination microwave ovens(GB4706.21-2008). These new standards will go into effect as of January 1, 2010. (News release, dated 10/21/09, available at http://english.aqsiq.gov.cn/NewsRelease/NewsUpdates/200910/t20091021_128800.htm)

22. CBSA Statement of Reasons for Prelim. AD Determination for Certain Steel Plate from Ukraine

Canada Border Services Agency has posted its Statement of Reasons regarding its preliminary affirmative determination of dumping of certain carbon steel plate and high strength low alloy steel plate originating in or exported from Ukraine. (Statement, posted 10/20/09, available at http://www.cbsa.gc.ca/sima-lmsi/i-e/ad1384/ad1384-i09-pd-eng.html)

23. BIS Sends Final Rule to OMB on Accession of Albania and Croatia to NATO

The Bureau of Industry and Security has asked the Office of Management and Budge to approve a final rule to amend the Export Administration Regulations based upon the accession of Albania and Croatia to formal membership in NATO. (Rule, received 09/22/09, available at http://www.reginfo.gov/public/do/eoReviewSearch)

24. APHIS Treatment Manual Updated

On October 19, 2009, APHIS updated its Treatment Manual. This Manual is an operational guide for selecting and conducting quarantine treatments. The procedures and treatment schedules in this manual are administratively authorized for use by APHIS to prevent the movement of agricultural pests into or within the United States. Listed treatments include chemical treatments such as fumigation with methyl bromide, and nonchemical treatments with heat, cold, or irradiation. (Manual, updated 10/19/09, available at http://www.aphis.usda.gov/import_export/plants/manuals/ports/treatment.shtml)

25. FAS Reports Acceptance of DEIP Bids for Cheddar and Butter

The Foreign Agricultural Service reports that the Commodity Credit Corporation has accepted bids under the Dairy Export Incentive Program from exporter Ecoval Dairy Trade, Inc. for cheddar cheese (10/20/09), from exporter Hoogwegt U.S., Inc for cheddar cheese (10/19/09), and from exporter Challenge Dairy Products, Inc. for butter(10/20/09), all to Africa and the Middle East.

26. FSIS Updates List of Uruguay Establishments Eligible to Export Meat & Poultry

The Food Safety and Inspection Service has issued updated (October 19, 2009) version of its list establishments in Uruguay eligible to export meat and poultry to the U.S. (List, dated 10/19/09, available at http://www.fsis.usda.gov/PDF/Uruguay_establishments.pdf)