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Miscellaneous International Trade Notices

The Journal of Commerce Online reports that on August 18, 2005, Mexico will impose retaliatory tariffs of $20.9 million on U.S. exports to Mexico of certain dairy products (including baby formula), wine, candy, and chewing gum. The article states that Mexico's action follows that of Japan, the European Union and Canada, which have imposed duties on the U.S. this year because of the Byrd Amendment. (JoC, dated 08/18/05, www.joc.com )

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1. Mexico Imposes Retaliatory Tariffs in Response to Byrd Amendment

2. FMCSA Issues New Work/Sleep Rules for Commercial Truck Drivers

The Federal Motor Carrier Safety Administration (FMCSA) has issued a press release, set of Frequently Asked Questions (FAQs), etc. on a new final Hours-of-Service rule that takes effect October 1, 2005 (which will be published in the August 25, 2005 Federal Register) that replaces the Hours-of-Service regulations that were last updated in 2003. According to the press release, parts of the rule, including the maximum driving time and minimum rest limits remain the same. However the rule includes changes affecting short-haul operators and longer distance drivers who use in-cab sleeper-berths for their rest. (FMCSA press release available at http://www.fmcsa.dot.gov/about/news/news-releases/2005/081905.htm, Final rule FAQs available at http://www.fmcsa.dot.gov/rules-regulations/truck/driver/hos/hos-faqs.asp )

3. Maine Biotech Firm Fined for Smuggling and Fraud

U.S. Immigration and Customs Enforcement (ICE) has issued a press release stating that Maine Biological Laboratories, Inc., based in Winslow, Maine was sentenced to five years probation and fined $500,000 for receiving an avian influenza virus smuggled from Saudi Arabia, violating the Export Administration Act, etc. Eight U.S. residents were also convicted and sentenced to imprisonment, supervised release, probation, and/or fined. (ICE, dated 08/08/05, available at http://www.ice.gov/graphics/news/newsreleases/articles/050808portland.htm )

4. U.S. Consulate in Nuevo Laredo, Mexico Resumes Normal Operations

The US State Department has issued a media note stating that the U.S. Consulate in Nuevo Laredo was scheduled to resume normal operations on August 8, 2005 as Mexican authorities have improved security in the immediate area around the consulate. The State Department adds that they are asking the Mexico government to continue to take decisive steps to reduce crime and violence due to gangs and narcotics traffickers operating on the border. (State Dept, dated 08/05/05, available at http://www.state.gov/r/pa/prs/ps/2005/50819.htm )

5. NAFTA Tribunal Dismisses Methanex Claim

According to a US State Department press release, a three-member NAFTA arbitration tribunal has dismissed a $970 million claim filed by a Canadian methanol producer challenging California's regulations of the gasoline additive MTBE. The release states that the decision represents a vindication of the prerogative of states to take action to protect public health and the environment without running afoul of the investment protection provisions of international trade agreements and investment treaties. (State Dept, dated 08/10/05, available at http://www.state.gov/r/pa/prs/ps/2005/50964.htm )

6. 18th Annual BIS Conference on Export Controls and Policy

The Bureau of Industry and Security (BIS) has issued a press release stating that its Update 2005 Conference on Export Controls and Policy will be held on October 24-25, 2005 in Washington, D.C. Links are provided detailing the agenda, registration process, etc. (BIS announcement of Update 2005, available at http://www.bis.doc.gov/SeminarsAndTraining/Update2005.htm )

7. FDA Final Rule on Irradiation Process in the Production, Processing, and Handling of Food

The Food and Drug Administration (FDA) has issued a final rule, effective August 16, 2005 which amends 21 CFR Part 179 (its food additive regulations) in order to provide for the safe use of ionizing radiation for control of Vibrio species and other foodborne pathogens in fresh or frozen molluscan shellfish (e.g. oysters, mussels, clams, etc.) Written or electronic objections and requests for a hearing are due by September 15, 2005. (D/N 1999F-4372, FR Pub 08/16/05, available at http://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/pdf/05-16279.pdf )