The Center for Food Safety moved for judgment Jan. 11 in its action to compel the Food and Drug Administration to issue seven long-overdue regulations required by the Food Safety Modernization Act.1 The non-profit is seeking court orders from the Northern California District Court mandating a timetable for FDA implementation of FSMA provisions on produce safety, Hazard Analysis and Risk-Based Preventative Controls, the Foreign Supplier Verification Program, and third-party auditing, among other things. “Congress enacted FSMA to end the ongoing epidemic of food contamination in our country and its concomitant harms to our nation’s health and economy,” CFS said. “Yet, without its implementing regulations, the statute is an empty vessel.”
Notable CROSS rulings
The increases to informal entry levels in the U.S. and Canada will be a boon to small and medium businesses that deal with low value imports of components, samples and raw materials, said the Express Association of America in a press release. CBP and the Canada Border Services Agency recently increased the value threshold for informal entry from $2,000 (CND1600) to $2,500 (CND2500). Importers of low value goods "will save a significant amount of time from not having to file formal entries and the streamlined release of their products," said the EAA.
The Department of Homeland Security (DHS) published its fall 2012 regulatory agenda for CBP, which lists one new trade-related rulemaking. The agenda will eventually run in the Federal Register, though it's unclear when. While there's only one new trade-related rulemaking on the DHS' fall 2012 agenda, several were removed since the previous DHS regulatory agenda.
Customs Rulings Online Search System (CROSS) was updated Dec. 20. The corresponding downloadable rulings are now available.
CBP issued a final rule to create a border crossing for pedestrians in Big Bend National Park to be called Boquillas. The Boquillas border crossing would be a “Customs station” for customs purposes and a Class B port of entry for immigration purposes. The proposed rule would also update the description of a Class B port of entry to reflect current border crossing documentation requirements.
Customs Rulings Online Search System (CROSS) was updated Dec. 20 with 375 rulings, bringing the total number of searchable rulings to 175,239. The most recent ruling is dated 12/19/2012.
The Bureau of Industry and Security proposed its long-promised “clean-up” of the Commerce Control List (CCL), in a rule scheduled for publication in the Nov. 29 Federal Register. The proposed rule follows a December 2010 request for comments on how to make descriptions of items controlled on the CCL clearer. ECCNs in all categories of the CCL, as well as its basic structure, would be affected by the proposal. Comments on the proposed rule are due by Jan. 28.
The State Department and Bureau of Industry and Security proposed changes for export controls on military electronics in two rules set for publication in the Nov. 28 Federal Register. State’s proposed rule would amend the International Traffic in Arms Regulations (ITAR) to revise Category XI (military electronics) of the U.S. Munitions List (USML) to move jurisdiction for control of certain items to BIS, describe more precisely the articles warranting control, and provide a definition for "equipment." BIS is proposing corresponding changes to the Export Administration Regulations (EAR), as well as changes to implement Wassenaar Arrangement controls on cryogenic and superconducting equipment. Both State and BIS are accepting comments on their respective proposals until Jan. 28.
Customs Rulings Online Search System (CROSS) was updated Nov. 13 with 208 rulings, bringing the total number of searchable rulings to 174,879. The most recent ruling is dated 11/09/2012.
Federal Trade Commission Commissioner Edith Ramirez will open the FTC's Nov. 29 forum on the use of enforceable industry codes of conduct to protect consumers in cross-border commerce, the FTC said. It will also feature former FTC Chairman William Kovacic, speaking on the antitrust implications of such codes, a case study of the Asia Pacific Economic Cooperation’s Cross-Border Privacy Rules (CBPR) System, and panels of other government and industry officials. The full agenda and other information is (here).