Miscellaneous International Trade Notices
The Journal of Commerce reports that the DHS Bureau of Transportation and Security Directorate (BTS) Container Working Group, which is working on "secure systems of transportation" and container seals and locks, is thinking about leveraging DHS' scarce assets, including whether the Transportation Security Administration's (TSA's) known-shipper program can somehow help the Customs-Trade Partnership Against Terrorism (C-TPAT). The article notes that the CWG intends to present the results of its work to the Departmental Advisory Committee on Commercial Operations of the Bureau of Customs and Border Protection (COAC) and obtain input from technology providers. (JoC dated 05/17-23/04, www.joc.com.)
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1. BTS Official Discusses Container Working Group Plans
2. New Bill Would Remove Bonding Option for AD/CV New Shipper Reviews
On May 14, 2003, the "New Shipper Review Amendment Act of 2004" (S. 2425) was introduced in the Senate. S. 2425 would amend the antidumping and countervailing duty new shipper review regulations by removing 19 USC 1675(a)(2)(B)(iii), which allows, at the option of the importer, the posting until the completion of the review of a bond or security in lieu of a cash deposit for each entry of the subject merchandise. (S. 2425 available at http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=108_cong_bills&docid=f:s2425is.txt.pdf.)
3. Operation Safe Commerce Containers Have Been Sent Thru Supply Chain
The Journal of Commerce Online (JoC Online) reports that 12 Operation Safe Commerce (OSC) containers traveled through the supply chain by truck from a remote location in Central America to a Pacific coast port, arriving at the Port of Seattle and finally by truck to the distribution center. JoC Online states that additional containers will be sent and evaluated over the next few months, with each being subjected to a modified loading process, container sealing, tracking and information gathering technologies, monitoring technology, and unplanned event alerts. (JoC Online Pub 05/27/04, www.joc.com)
4. Supreme Court to Consider "Government Speech" Defense for Research and Promotion Programs
The U.S. Association of Importers of Textiles and Apparel (USA-ITA) has issued a Textile Development Memo stating that the Supreme Court will hear arguments on whether agricultural research and promotion programs can be defended as constitutional when challenged by fee payers who do not agree with the programs. According to the memo, "government speech" appears to be the only argument that the government has left to defend such programs, based upon the Supreme Court's decision regarding the mushroom program in 2001. (See ITT's Online Archives or 06/27/01 news, 01062720, for BP summary of the Supreme Court's ruling against the mushroom promotion fee.) (USA-ITA Pub 05/24/04, www.usaita.com)
5. ITC Releases Public Version of its Report on Likely Effects of Duty-Free Entry for Goods from GSP Countries
The International Trade Commission (ITC) has released a public version of its confidential report on the probable economic effect of providing duty free treatment to certain products from Generalized System of Preferences (GSP) -eligible countries. However, it does not appear that this public version of the report provides the ITC's findings. The public version of the ITC's report is available at ftp://ftp.usitc.gov/pub/reports/studies/PUB3696.PDF. (See ITT's Online Archives or 02/25/04 news, 04022515, for BP summary of those products accepted for GSP review.) (Inv. No. 332-459, ITC Press Release No. 04-045, dated 05/24/04, available at http://www.usitc.gov/er/nl2004/er0524bb1.htm)
6. FDA Corrects Proposed Rule on Use of Sampling Services and Private Laboratories
The Food and Drug Administration (FDA) has issued a notice correcting certain inadvertent errors to its April 29, 2004 proposed rule on new regulations for persons who use sampling services (services that collect samples for another party) and private laboratories in connection with imported food subject to an FDA enforcement action, such as refusal of imports, product seizure, or issuance of an injunction. (See ITT's Online Archives or 05/03/04 news, 04050305, for BP summary of this proposed rule.) (D/N 2004N-0184, FR Pub 05/26/04, available at http://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/2004/pdf/04-11827.pdf)
7. USA-ITA/AISA Conference on 2005 Textile/Apparel Import Issues
The U.S. Association of Importers of Textiles and Apparel (USA-ITA) has announced that it and the American Import Shippers Association, Inc. (AISA) will hold a conference entitled, Countdown to 2005 - Issues for the Textile and Apparel Import Industry, on June 22, 2004 in New York, NY. (Further information available at http://www.usaita.com/)
8. FCC Final Rule to Reflect Creation of Office of Homeland Security, Etc.
The Federal Communications Commission (FCC) has issued a final rule, that was effective July 8, 2003, which among other things, revised its rules to reflect the creation of the Office of Homeland Security within the Enforcement Bureau, and to clarify how an Emergency Relocation Board will operate during times of emergency under the FCC's Continuity of Operations Plan (COOP). (FCC 03-167, FR Pub 05/27/04, available at http://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/2004/pdf/04-11918.pdf)
9. Various Agencies Seek Comments on Information Collections Submitted to OMB for Extension
The following agencies have submitted to the Office of Management and Budget (OMB) for review and extension the following information collections:
| Agency | Information Collection | Comments Due |
| CPSC | Amended Interim Safety Standard for Cellulose Insulation (16 CFR part 1209) | 06/16/041 |
| RSPA | Requirements for Cargo Tanks | 06/17/042 |
| RSPA | Inspection and Testing of Portable Tanks and Intermediate Bulk Containers | 06/17/042 |
| RSPA | Hazardous Materials Incident Reports | 06/17/042 |
| RSPA | Flammable Cryogenic Liquids | 06/17/042 |
| RSPA | Testing Requirements for Non-bulk Packaging | 06/17/042 |
| RSPA | Container Certification Statement | 06/17/042 |
| RSPA | Hazardous Materials Public Sector Training and Planning Grants | 06/17/042 |
| RSPA | Response Plans for Shipments of Oil | 06/17/042 |
| RSPA | Cargo Tank Motor Vehicles in Liquefied Compressed Gas Service | 06/17/042 |
| IRS | Imported Substances; Rules for Filing a Petition (Notice 89-61) | 06/01/043 |
1 FR Pub 05/17/04, available at http://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/2004/pdf/04-11034.pdf
2 FR Pub 05/18/04, available at http://a257.g.akamaitech.net/7/257/2422/19may20040800/edocket.access.gpo.gov/2004/pdf/04-11202.pdf
3 FR Pub 04/30/04, available at http://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/2004/pdf/04-9816.pdf
10. Various Agencies Seek Comments on Information Collections
The following is a list of various agencies that are seeking comments on the following information collections:
| Agency | Information Collection | Comments Due |
| BIS | Approval of Triangular Transactions Involving Commodities Covered by a U.S. Import Certificate | 06/28/041 |
| BIS | Five-Year Record Retention Period | 07/26/042 |
| CPSC | Recordkeeping Requirements Under the Safety Regulations for Full-Size Cribs (16 CFR 1500.18(a)(13) and Part 1508) | 07/19/043 |
| CPSC | Recordkeeping Requirements Under the Safety Regulations for Non-Full-Size Cribs (16 CFR 1500.18(a)(14) and Part 1509) | 07/19/044 |
| CPSC | Testing and Recordkeeping Requirements Under the Standard for the Flammability of Mattresses and Mattress Pads (16 CFR part 1632) | 07/13/045 |
| ITA | Request for Duty-Free Entry of Scientific Instrument or Apparatus (Form ITA-338P) | 07/20/046 |
1 FR Pub 04/28/04, available at http://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/2004/pdf/04-9608.pdf
2 FR Pub 05/26/04, available at http://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/2004/pdf/04-11825.pdf
3 FR Pub 05/18/04, available at http://a257.g.akamaitech.net/7/257/2422/19may20040800/edocket.access.gpo.gov/2004/pdf/04-11228.pdf
4 FR Pub 05/18/04, available at http://a257.g.akamaitech.net/7/257/2422/19may20040800/edocket.access.gpo.gov/2004/pdf/04-11229.pdf
5 FR Pub 05/14/04, available at http://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/2004/pdf/04-10913.pdf
6 FR Pub 05/21/04, available at http://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/2004/pdf/04-11595.pdf