Miscellaneous International Trade Notices

1. NCBFAA SMEs and CBP Managers Again Answer Additional Q&As on 10+2

It is expected that the first progress reports will be issued in Mid-March. Best practices will be published at that time too. Progress reports will be issued to filers only at this time.

The World Shipping Council is working with CBP to ensure that all carriers are issuing bills of lading in a timely manner.

The different transaction type codes are still a work in progress. Outreach is currently being conducted, and it is anticipated that further information will be published in the next month or so.

a software update has resolved a problem where incomplete transmissions on an original Importer Security Filing were causing duplicate filing rejections.

Most Ro-Ro cargo is required to be filed 24 hours prior to lading on the vessel; however, there are manifest timing exemptions for some carriers and importers who utilize carriers with a manifest timing exemption can request an exemption for the ISF timing as well. Check at www.CBP.gov for additional information regarding an exemption request. Importers will need to file the request directly and apply for the exemption on a cargo specific basis.

NCBFAA 02/26/09 email available by emailing documents@brokerpower.com

2. CBP Commissioner Basham Retires

Commissioner W. Ralph Basham retired as Commissioner of U.S. Customs and Border Protection on February 27, 2009. (News release, dated 02/27/09, available at http://www.cbp.gov/xp/cgov/newsroom/news_releases/02272009_3.xml)

3. Senator Baucus Applauds Court's Decision on U.S.-Canada SLA

Senate Finance Committee Chairman Max Baucus issued a statement applauding an international tribunal's decision ordering Canada to compensate the U.S. for Canada's violation of the 2006 U.S. - Canada Softwood Lumber Agreement (SLA). (Press release, dated 02/27/09, available at http://finance.senate.gov/press/Bpress/2009press/prb022709a.pdf.

4. CPSC Posts Comments Received on Proposed Rule on Inaccessible Parts and CPSIA Lead Content

The Consumer Product Safety Commission has posted the comments it has received regarding its proposed interpretive rule on inaccessible component parts and lead content, pursuant to the Consumer Product Safety Improvement Act of 2008. (Memorandum, dated 02/24/09, available at http://www.cpsc.gov/library/foia/foia09/pubcom/Inaccessiblelead1.pdf)

5. FMC Corrects Due Date for Comments on Petition Regarding Certain Intermodal Re-Routing Practices

The Federal Maritime Commission posted a notice on February 19, 2009 requesting comments on an Emergency Petition for Declaratory Order, Rulemaking, or Other Appropriate Relief in Voluntary Disclosure Investigation, which, among other things, petitions the FMC to clarify that the practice of rerouting the domestic inland portion of a through intermodal shipment does not violate the Shipping Act of 1984. The FMC is correcting the deadline for comments to March 13, 2009 (from March 6, 2009). (Notice, dated 02/19/09, available at http://www.fmc.gov/UserFiles/pages/File/Dkt_08-07_Erratum_2-26-09.pdf)

6. Senate Scheduled to Begin Consideration of FY 2009 Omnibus Appropriations Bill on March 2nd

On February 27, 2009, a unanimous consent agreement was reached providing that on March 2, 2009, the Senate would begin consideration of H.R. 1105, the fiscal year 2009 Omnibus Appropriations Bill. (The House passed H.R. 1105 on February 25, 2009.) (Congressional Record, dated 02/27/09, available at http://thomas.loc.gov/cgi-bin/query/B?r111:@FIELD(FLD003d)@FIELD(DDATE20090227).)

7. Commerce Department Receives $7.9 Billion in Recovery Act Funding

The Commerce Department has issued a press release announcing that it will receive $7.9 billion to create and save jobs for American workers as part of the historic economic stimulus bill recently signed by President Barack Obama. (Release, dated 02/25/09, available at http://www.commerce.gov/NewsRoom/PressReleases_FactSheets/PROD01_007789)

8. DOT Announces Framework of Proposed 2010 Budget

The Department of Transportation has announced that it has unveiled the framework of its proposed fiscal year 2010 budget. Additional budget details will be available in April of this year. According to the DOT press release, President Obama has laid out a fiscally responsible blueprint for 2010 and the Administration will work closely with the Congress over the next few months to determine the details for funding surface transportation. (Notice, dated 02/26/09, available at http://www.dot.gov/affairs/dot2309.htm)

9. ICE Release States Chinese National Pleads Guilty to Conspiring to Export Military-Grade Night Vision Technology to China

U.S. Immigration and Customs Enforcement has issued a press release stating that Bing Xu of Nanjing pleaded guilty to conspiring to export military-grade night-vision technology from the U.S. to China. XU, a manager at Everbright Science and Technology, Ltd, a company located in Nanjing, faces up to five years in prison and a $250,000 fine. (Press release, dated 02/25/09, available at http://www.ice.gov/pi/nr/0902/090225newark.htm)

10. USDA Announces Expansion of Market News Portal to Include Dairy Market News

The U.S. Department of Agriculture's Agricultural Marketing Service announced that its Market News Portal has been expanded to include Dairy Market News. The Market News web portal provides instant, real-time access to daily and historical reports on agricultural commodity markets. The system came on line in 2005, beginning with Fruits and Vegetables and Livestock and Grain. The portal can be accessed here.(News release, dated 02/25/09, available at http://www.ams.usda.gov/AMSv1.0/ams.fetchTemplateData.do?template=TemplateU&navID=&page=Newsroom&resultType=Details&dDocName=STELPRDC5075532&dID=108576&wf=false&description=USDAExpandsMarketNewsWebPortaltoIncludeDairy&topNav=Newsroom&leftNav=&righ)

11. OFAC Removes Entities from SDN List

The Office of Foreign Assets Control has removed certain entities from its Specially Designated Nationals list. (List, dated 02/26/09, available at http://www.treas.gov/offices/enforcement/ofac/actions/20090226.shtml)

12. Japan Announces Introduction of Bill to Amend Chemical Substances Law

Japan's Ministry of Economy, Trade, and Industry (METI) has announced the introduction of a bill to amend Japan's Chemical Substances Control Law in order to require companies that have manufactured or imported any chemical substances, including existing ones, in excess of the specified amounts, to notify the quantity and other information to the government every fiscal year. The bill would also eliminate certain international inconsistencies in its regulations. (Bill, released 02/24/09, available at http://www.meti.go.jp/english/press/data/20090224_01.html)

13. Canada Posts 2009 Broiler Hatching Eggs and Chicks Quota Holders List

Foreign Affairs and International Trade Canada has posted its 2009 Broiler Hatching Eggs and Chicks Quota Holders List. (List, dated 02/23/09, available at http://www.international.gc.ca/controls-controles/prod/agri/incubation/list-09-liste.aspx?lang=eng)

14. CBSA Revises D-Memoranda

Canada Border Services Agency has revised the following D-Memoranda:

D19-5-1: Administration of the Hazardous Products Act and Regulations

D15-2-43: Certain Steel Structural Tubing Known As Hollow Structural Sections (HSS)

D4-3-4: Duty-Free Shop - Operational Responsibilities

D4-3-2: Duty-Free Shop - Licensing

15. CPSC Lists Voluntary Recalls

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

16. ITA Issues Export Trade Certificate of Review

The ITA has issued an Export Trade Certificate of Review to Golden Tree Trading Company Application (Application No. 08-00009). (FR Pub, 02/27/09, available at http://edocket.access.gpo.gov/2009/pdf/E9-4225.pdf)

17. FTZB Approves Expansion of FTZ 272

The Foreign Trade Zone Board has adopted an order which approves the expansion of Foreign Trade Zone 272, Lehigh and Northampton Counties, Pennsylvania to include an additional site (Site 8 163 acres) at the ProLogis Park 33, which would include Temporary Site T1 on a permanent basis, in Northampton County, Pennsylvania, adjacent to the Lehigh Valley Customs and Border Protection port of entry. (FR Pub, 02/27/09, available at http://edocket.access.gpo.gov/2009/pdf/E9-4236.pdf)

18. Application Submitted for Subzone in FTZ 57

An application has been submitted to the Foreign Trade Zones Board by the North Carolina Department of Commerce, grantee of FTZ 57, requesting special purpose subzone status for the para-aramid UD shield manufacturing plant of FMS Enterprises USA, Inc., located in Lincolnton, North Carolina. (FR Pub, 02/27/09, available at http://edocket.access.gpo.gov/2009/pdf/E9-4237.pdf)

19. FMC Lists OTI Applications

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

FMC notice (FR Pub 02/19/09) available at http://edocket.access.gpo.gov/2009/pdf/E9-3519.pdf

20. Various Agencies Seek Comments on Information Collections

Various U.S. government agencies are seeking comments on the following information collections for which they have requested or intend to request Office of Management and Budget approval or extension of approval (see notices for specific details):

TSA Information Collection (FR Pub 02/10/09) available at http://edocket.access.gpo.gov/2009/pdf/E9-2653.pdf

BIS 1 Information Collection (FR Pub 02/10/09) available at http://edocket.access.gpo.gov/2009/pdf/E9-2724.pdf

BIS 2 Information Collection (FR Pub 02/11/09) available at http://edocket.access.gpo.gov/2009/pdf/E9-2783.pdf

FDA Information Collection (FR Pub 02/13/09) available at http://edocket.access.gpo.gov/2009/pdf/E9-3091.pdf