Miscellaneous International Trade Notices

December 15, 2009 |Top News

The White House has issued a press release announcing the issuance of an Executive Order on the half-day closing of all executive branch departments and agencies of the Federal Government (except as provided in the Executive Order) on December 24, 2009. (Press release, dated 12/11/09, available at http://www.whitehouse.gov/the-press-office/executive-order-half-day-closing-executive-departments-and-agencies-thursday-decemb.)

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1. Executive Order on Half-Day Closing of Federal Gov't on Dec 24th

2. APHIS Adds Instructions on ALR/BRASS Pilot, Lacey Act Primer

The Animal and Plant Health Inspection Service has reorganized its Web site and added several documents, including (1) Guidance on HTS Chapter 44 articles containing composite/recycled/reused materials, (2) Instructions on the ALR/BRASS Pilot, and (3) a March 2009 Lacey Act Declaration Primer (note that the phased enforcement schedule has been updated since the Primer's issuance). (Notice, updated 12/08/09, available at http://www.aphis.usda.gov/plant_health/lacey_act/index.shtml)

3. Russia, Kazakhstan & Belarus Form Customs Union, Tariffs May Increase

The Office of Textiles and Apparel reports that Russia, Kazakhstan, and Belarus recently agreed to enter into a customs union and will begin to apply a common external tariff effective January 1, 2010. As a result, U.S. exporters to those countries may see significant increases in the tariffs applied to their goods. It is estimated that the tariff increases will affect over $1 billion in U.S. exports to the three countries. (Notice, dated 12/11/09, available at http://web.ita.doc.gov/otexa/hotiss.nsf/7bfa72c94f543da685256e5b00498a4d/3a998fca602f444c8525768900591589?OpenDocument)

4. CITA Withdraws FR Notice on Haiti HOPE Value-Added TPL

The Committee for the Implementation of Textile Agreements was scheduled to publish a Federal Register notice announcing the 12-month valued-added tariff preference level for certain apparel eligible to receive duty-free treatment under the Haitian Hemispheric Opportunity Through Partnership for Encouragement Acts of 2006 and 2008 (HOPE I and II) on December 15, 2009. However, CITA's notice was withdrawn from publication at the agency's request. (FR notice from public inspection on 12/14/09, available at http://www.federalregister.gov/OFRUpload/OFRData/2009-29821_PI.pdf)

5. DHS Announces Grant Guidance for FY 2010 Transit Security Grants

Department of Homeland Security (DHS) Secretary Janet Napolitano today announced the release of application guidance for the Transit Security Grant Program (TSGP) totaling an estimated $253 million-funds for state, local and territorial governments and private sector entities to strengthen the nation's transportation infrastructure and protect the traveling public from acts of terrorism and other major disasters. (Press release, dated 12/14/09, available at http://www.dhs.gov/ynews/releases/pr_1260798758126.shtm.)

6. AES Broadcast on Recent Wassenaar Arrangement Revisions

The Census Bureau has issued an Automated Export System (AES) broadcast announcing that effective December 11, 2009, BIS has adjusted the edits on certain Export Control Classification Numbers (ECCNs) and AES License Types C35 - LVS and C38 - TSR as a result of the amendment of the Export Administration Regulations to implement Wassenaar Arrangement revisions. AES filers must make note of these edits, as described in the AES broadcast to prevent the return of fatal errors from AES. (AES broadcast 2009057, available by emailing documents@brokerpower.com.)

7. NAM Sends Recommendations to White House on Modernizing Outdated Export Control System

The National Association of Manufacturers sent a letter to National Security Advisor General Jones and National Economic Advisor Summers outlining its recommendations for the President's export controls review. The letter stressed the need to tighten controls on truly sensitive technology and simplify controls on technology that is not critical to national security - and is readily availablefrom other countries. (Press release, dated 12/10/09, available at http://www.nam.org/NewsFromtheNAM/Press%20Releases/IEAP/NAMOutlinesRecommendationstoModernizeOutdatedExportControlSystem.aspx)

8. SBA Extends Export Express Loan Pilot Program

The Small Business Administration is extending its Export Express Pilot Program until December 31, 2010, in order to allow SBA to further market and evaluate the program, and analyze its performance during the next 12 months. The pilot began in 1998 and assists current and prospective small business exporters, particularly those needing revolving lines of credit. (FR Pub 12/14/09, available at http://edocket.access.gpo.gov/2009/pdf/E9-29673.pdf)

9. Fact Sheet on Clean Energy Technology Announcements

On December 14, 2009, at the Copenhagen climate conference, on behalf of President Obama, Energy Secretary Steven Chu announced the launch of a new initiative to promote clean energy technologies in developing countries. Secretary Chu also welcomed progress under the Major Economies Forum on Energy and Climate (MEF) and invited his counterparts in MEF and other countries to a first-ever Clean Energy Ministerial next year. (Fact sheet, dated 12/14/09, available at http://www.whitehouse.gov/the-press-office/fact-sheet-clean-energy-technology-announcements.)

10. Polembros Shipping Ltd. Sentenced for Crimes Related to Pollution from Cargo Ship Traveling to New Orleans

The Justice Department reports that Polembros Shipping LTD., a ship management company headquartered in Greece, was sentenced in federal court in New Orleans to pay a $2.7 million criminal fine for violating anti-pollution laws, ship safety laws, and making false statements during a U.S. Coast Guard investigation of the M/V Theotokos. Additionally, the Court awarded a total of $540,000 to nine former crew members of the Theotokos who extensively cooperated in the investigation. (News release, dated 12/09/09, available at http://www.justice.gov/opa/pr/2009/December/09-enrd-1320.html)

11. OMB Approves BIS Final Rule on Defense Sales Offset Agreements

The Office of Management and Budget has approved a Bureau of Industry and Security final rule to require U.S. firms entering into contracts for the sale of defense articles or defense services to foreign countries or foreign firms, to furnish information regarding such contracts if it is subject to offset agreements exceeding $5,000,000 in value. (Rule, completed 12/09/09, available at http://www.reginfo.gov/public/do/eAgendaViewRule?pubId=200910&RIN=0694-AE40)

12. Treasury Final Rule on Recoupment under Terrorism Risk Insurance Program

The Treasury Department has issued a final rule, effective January 13, 2010, for the Terrorism Risk Insurance Program, which has been extended to December 31, 2014. The rule implements changes regarding the recoupment of the Federal share of compensation for insured losses. Treasury's final rule extending TRIP until the end of 2014 is available here. (FR Pub 12/14/09, available at http://edocket.access.gpo.gov/2009/pdf/E9-29613.pdf)

13. DOT Announces U.S.-Japan Agreement on Open Skies

Secretary of Transportation LaHood has announced that the U.S. and Japan reached agreement on the text of a landmark Open-Skies aviation agreement. Under the new agreement, airlines from both countries would be allowed to select routes and destinations based on consumer demand for both passenger and cargo services, without limitations on the number of U.S. or Japanese carriers that can fly or the number of flights they can operate. (Notice, dated 12/11/09, available at http://www.dot.gov/affairs/2009/dot19609.htm)

14. EU Ratifies WIPO "Internet Treaties"

On December 14, 2009, the European Union ratified the World Intellectual Property Organization's Copyright Treaty and the WIPO Performances and Phonograms Treaty, the so-called "Internet" Treaties. The EU states that these treaties were concluded to make the world's copyright laws 'fit for the internet'. (Press release, dated 12/14/09, available at http://europa.eu/rapid/pressReleasesAction.do?reference=IP/09/1916&format=HTML&aged=0&language=EN&guiLanguage=en)

15. China Discusses Inspections, Seizures Since Food Safety Campaign Began

During China's recent "National Video Teleconference on Food Safety Rectification," Chinese food safety officials stated that since initiation of the food safety campaign, China had inspected 1,000,000 food producing and processing facilities, found over 120,000 "hidden risks," investigated 31,000 cases, and seized illegally-made food products with a total value of 600 million yuan. (News release, dated 12/10/09, available at http://english.aqsiq.gov.cn/NewsRelease/NewsUpdates/200912/t20091210_132641.htm)

16. WTO Members to Increase Contributions to Aid for Trade

World Trade Organization Director-General Lamy, in a speech at the International Trade Centre (ITC) on December 14 2009, said "our cooperation on Aid for Trade continues and I am encouraged by the energy with which the ITC has engaged our discussions on enhancing the private sector role in this initiative." He noted that as a demonstration of their strong support, WTO members are set to approve increases in their contribution to the ITC's budget for 2010 and 2011. (Speech, posted 12/14/09, available at http://www.wto.org/english/news_e/sppl_e/sppl145_e.htm)

17. FTC Says to Be Aware of Bogus Tests, Inspections, for Damaged Drywall

The Federal Trade Commission is warning consumers to be skeptical of anyone trying to sell test kits, inspections, or quick fixes for problems caused by imported drywall that has turned out to be contaminated. The drywall, referred to in press reports as "Chinese drywall," is under investigation by the Consumer Product Safety Commission and various other government agencies. (Notice, dated 12/11/09, available at http://www.ftc.gov/opa/2009/12/chinesedrywall.shtm)

18. CPSC Lists Voluntary Recalls

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

Product: Reason	Company	Release
LED Rocketship PalPODzzz Portable Nightlights: Electric Shock Hazard	OSRAM SYLVANIA Products Inc. (MA)	10-060
Super Rigs Play Sets: Violation of Lead Paint Standard	Variety Wholesalers Inc. (NC)	10-061
Log Splitters: Amputation Hazard	MTD Products Inc. (OH)	10-062
Little Miss Matched Girls Pajama Sets: Violation of Federal Flammability Standard	Little Miss Matched Inc. (NY)	10-063
Cooks Outdoor BBQ Grills: Fire Hazard	JCPenny Purchasing Corp. (TX)	10-064

(CPSC recalls available at http://www.cpsc.gov/cpscpub/prerel/prereldec09.html)

19. ITA Quarterly Update on Foreign Government Cheese Subsidies

The ITA has issued its quarterly update, effective December 14, 2009, to its annual list of foreign government subsidies on articles of cheese subject to an in-quota rate of duty. (FR Pub 12/14/09, available at http://edocket.access.gpo.gov/2009/pdf/E9-29729.pdf)

20. APHIS Animal Product PPQ Manual Updated

On December 10, 2009, APHIS updated its Plant Protection and Quarantine (PPQ) Animal Product Manual. This Manual provides the background, procedures, and regulatory actions to enforce the regulations governing the import and export of animals, animal products, and animal by-products. (Manual, updated 12/10/09, available at http://www.aphis.usda.gov/import_export/plants/manuals/ports/apm.shtml)

21. APHIS Treatment PPQ Manual Updated

On December 12, 2009, APHIS updated its Plant Protection and Quarantine (PPQ) Treatment Manual. This Manual serves as 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 12/12/09, available at http://www.aphis.usda.gov/import_export/plants/manuals/ports/treatment.shtml)

22. FSIS Updates Lists of Canada and Denmark Establishments Eligible to Export Meat & Poultry

The Food Safety and Inspection Service has issued updated (December 9, 2009) versions of its lists of Canada and Denmark establishments eligible to export meat and poultry to the U.S.