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Miscellaneous International Trade Notices

The Office of the U.S. Trade Representative has posted USTR Kirk's remarks (as prepared for delivery) for his February 19th meeting at the Detroit Economic Club. Among other things, Kirk stated that in just two weeks, the USTR will be releasing the President's 2010 Trade Agenda, which will explain in-depth exactly what the government hopes to accomplish this year. (Remarks, posted 02/19/10, available at http://www.ustr.gov/about-us/press-office/speeches/transcripts/2010/february/remarks-ambassador-kirk-detroit-economic-cl)

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1. USTR Kirk Says 2010 Trade Agenda Will Be Released Soon

2. U.S. and Peru Hold First Free Trade Commission Meeting

The U.S. and Peru convened the first meeting of the Free Trade Commission (FTC) of the U.S.-Peru Trade Promotion Agreement. According to the Office of the U.S. Trade Representative, officials discussed bilateral trade, investment and economic issues of mutual interest, administration of the PTPA and the importance of the PTPA to small- and medium-sized businesses. (Press release, dated 02/18/10, available at http://www.ustr.gov/about-us/press-office/press-releases/2010/february/-united-states-and-peru-hold-first-free-trade-com)

3. U.S. and Israel Reach Understanding on IPR Issues for Pharmaceuticals

The Office of the U.S. Trade Representative has announced that the U.S. and Israel have reached an understanding that resolves several longstanding issues with Israel's intellectual property rights (IPR) regime for pharmaceutical products. Once the appropriate legislation is submitted to the Knesset, the USTR will move Israel from the Special 301 Priority Watch List to the Watch List. As soon as the legislation is fully implemented, Israel will be moved off the Special 301 list altogether. (Press release, dated 02/22/10, available at http://www.ustr.gov/about-us/press-office/press-releases/2010/february/deputy-ustr-sapiro-announces-united-states-and-is)

4. TSA Asks for OMB Approval for Final Rule on CCSP

The Transportation Security Administration has asked the Office of Management and Budget to approve its final rule on the Certified Cargo Screening Program for shippers, manufacturers, and other entities screening air cargo intended for transport on a passenger aircraft. The interim rule, which took effect in November 2009, codified the CCSP. (Rule, received 02/18/10, available at http://www.reginfo.gov/public/do/eAgendaViewRule?pubId=200910&RIN=1652-AA64)

5. OMB Approves USDA Final Rule on AQI User Fees Along US/CAN Border

The Office of Management and Budget has approved the Agricultural Department's final rule on agricultural inspections and AQI user fees along the U.S./Canada border. An earlier interim rule amended USDA regulations by removing the exemptions from inspection for fruits and vegetables grown in Canada, and the exemptions from AQI user fees for commercial vessels, commercial trucks, etc., that enter the U.S. from Canada. (Rule, completed 02/18/10, available at http://www.reginfo.gov/public/do/eAgendaViewRule?pubId=200910&RIN=0579-AC06)

6. CBP Revises Performance Levels on Carrier Fines for Improper Alien Transport Docs

U.S. Customs and Border Protection has announced revisions to the Memorandum of Understanding on the Mitigation of Carrier Fines for Transporting Aliens Without Proper Documents and has recalculated and reset the performance levels CBP will use to measure carrier performance of its travel document screening responsibilities pursuant to the MOU. CBP will commence applying the revised performance levels for all carriers, signatory to the MOU and non-signatory, on April 23, 2010. (FR Pub 02/22/10, available at http://edocket.access.gpo.gov/2010/pdf/2010-3243.pdf)

7. EU May Press for Ban on International Trade in Atlantic Bluefin Tuna

The European Commission has proposed that the European Union press for a ban on international trade in Atlantic bluefin tuna to enter into force within the next year. The proposal will be discussed with Member States in order to reach a common EU position for the next meeting of the Convention on International Trade in Endangered Species (CITES) in March 2010. (Press release, dated 02/22/10, available at http://europa.eu/rapid/pressReleasesAction.do?reference=IP/10/172&format=HTML&aged=0&language=EN&guiLanguage=en)

8. USDA Withdraws Proposal for 100% Increase to Blueberry Fee

The U.S. Department of Agriculture announced that it will withdraw its proposal to increase the assessment rate on blueberry producers and importers under for the Blueberry Promotion, Research, and Information Order from $12 to $24 per ton. (News release, dated 02/19/10, available at http://www.ams.usda.gov/AMSv1.0/ams.fetchTemplateData.do?template=TemplateU&navID=&page=Newsroom&resultType=Details&dDocName=STELPRDC5082778&dID=127316&wf=false&description=USDAWithdrawsProposaltoIncreasetheAssessmentRateofHighbushBlueberries&)

9. EPA Extends Comment Period on Pesticide Inert Ingredients ANPR

The Environmental Protection Agency is extending the comment period on a December 2009 advance notice of proposed rulemaking concerning the initiation of rulemaking to increase public availability of the identities of the inert ingredients in pesticide products. Comments are now due by April 23, 2010. (FR Pub 02/22/10, available at http://edocket.access.gpo.gov/2010/pdf/2010-3415.pdf)

10. FWS Samples Chicago Waterways Looking for Asian Carp

The Fish and Wildlife Service will begin an intensive sampling effort to in multiple locations within the Chicago Area Waterway System in an attempt to locate either silver or bighead Asian carp above the U.S. Army Corps of Engineers Electric Fish Barrier System. The sampling effort is one step in FWS actions to stop the migration of Asian carp into the Great Lakes. (News release, dated 02/16/10, available at http://www.fws.gov/news/newsreleases/showNews.cfm?newsId=D8191A3B-9606-03F5-74D68254D1919100)

11. DOJ Announces Guilty Plea of Businessman Involved in Haiti Telecom Bribery Scheme

The Justice Department reports that Jean Fourcand, as president of Fourcand Enterprises Inc. Fla., has pleaded guilty to money laundering in a scheme to bribe a former official of Haiti's state-owned national telecommunications company, Haiti Teleco. Fourcand had received the funds from U.S. telecom companies for the benefit of the official. (News release, dated 02/19/10, available at http://www.justice.gov/opa/pr/2010/February/10-crm-167.html)

12. Court Orders HK Ship Management Firm to Pay $10 Million for SF Oil Spill

The Justice Department announced that the U.S. District Court in San Francisco, pursuant to a plea agreement, has ordered Fleet Management Ltd., a Hong Kong based ship management firm, to pay $10 million for its role in causing the Cosco Busan oil discharge and a subsequent cover-up, after the ship struck the San Francisco Bay Bridge in November 2007. (News release, dated 02/19/10, available at http://www.justice.gov/opa/pr/2010/February/10-enrd-168.html)

13. ICE, CBP Seize Counterfeit Super Bowl Items in Florida

U.S. Immigration and Customs Enforcement, U.S. Customs and Border Protection, and others seized a total of 8,165 counterfeit items, including Super Bowl-related memorabilia, for an estimated retail value of $431,483, in a month-long operation dubbed Operation Faux Bowl. The seizures were part of a crackdown on intellectual property rights violations in connection with major football events in the South Florida area. (News release, dated 02/18/10, available at http://www.ice.gov/pi/nr/1002/100218miami.htm)

14. State Dept Terminates Statutory Debarment of ITT Corporation

The State Department has terminated the ineligible status and statutory debarment of ITT Corporation, pursuant to the Arms Export Control Act (AECA) and the International Traffic in Arms Regulations (ITAR), effective February 4, 2010. (Public Notice 6900, FR Pub 02/22/10, available at http://edocket.access.gpo.gov/2010/pdf/2010-3413.pdf)

15. FTC Files CAFC Amicus Brief on ITC Patent Lawsuit

The Federal Trade Commission has filed an amicus brief before the Court of Appeals for the Federal Circuit. The case involves Princo's appeal of a decision by the International Trade Commission that banned Princo's import of recordable compact discs because they infringed patents held by Philips Corp. In its appeal, Princo claims Philips's committed "patent misuse," which stifled competition. (News release, dated 02/19/10, available at http://www.ftc.gov/opa/2010/02/princo-agrium.shtm)

16. EC Proposes Mutual Recognition of AEO programs in EU and Japan

The European Commission has issued a proposal for a Council decision on a European Union position within the EU-Japan Joint Customs Cooperation Committee concerning the mutual recognition of Authorized Economic Operator programs in the EU and Japan. (Proposal, dated 02/19/10, available at http://ec.europa.eu/taxation_customs/resources/documents/common/legislation/proposals/customs/com(2010)055_en.pdf)

17. EU Extends Western Balkan Trade Preferences Until 2015

The European Commission has adopted a proposal to extend until 2015 the trade preferences which the European Union grants to the Western Balkan countries and economies of Albania, Bosnia-Herzegovina, Croatia, Macedonia, Montenegro, Serbia and the customs territory of Kosovo. The preferences include duty-free access to the EU market for nearly all products. (Press release, dated 02/22/10, available at http://europa.eu/rapid/pressReleasesAction.do?reference=IP/10/173&format=HTML&aged=0&language=EN&guiLanguage=en)

18. WTO's Lamy Calls for Senior Involvement in March "Doha Stocktaking"

World Trade Organization Director-General Lamy, in a recent report on the state of play in the Doha Round, suggested that the "stocktaking exercise" at the end of March (to determine if concluding the Doha round in 2010 is feasible) should be undertaken by senior officials in order to inject the necessary political energy and momentum in the negotiations. (News items, dated 02/22-23/10, available at http://www.wto.org/english/news_e/news10_e/tnc_chair_report_22feb10_e.htm)

19. WTO Announces Consensus on 2010 Chairpersons

On February 22, 2010, the World Trade Organization's General Council announced consensus regarding 2010 chairpersons for various WTO bodies (e.g., the Dispute Settlement Body, the Committee on Regional Trade Agreements, the Trade Policy Review Body, etc.). (Press release, dated 02/22/10, available at http://www.wto.org/english/news_e/pres10_e/pr597_e.htm)

20. World Bank Informs WTO Members of Its SPS and Food Safety Activities

The World Bank has submitted to World Trade Organization Members an overview of its activities related to food safety and agricultural health management (sanitary and phytosanitary (SPS) issues), including analytical work, training/e-learning for stakeholders, direct technical assistance and investment. (Search WTO documents under February 18, 2010for source document or requestcopyby emailing documents@brokerpower.com.) (Documents online, available at http://docsonline.wto.org/gen_home.asp)

21. Revised FDA Import Alerts

The Food and Drug Administration has posted revised versions of the following Import Alerts on the detention without physical examination of:

80-04: Surgeon's and Patient Examination Gloves

16-12: Frog Legs

22. FAS Global Agriculture Information Network Reports

The Foreign Agriculture Service issued the following GAIN reports:

Japan - New Food Additives (2-Ethyl-5-methylpyrazine and 2 other chemicals): Sanitary/Phytosanitary/Food Safety

Venezuela - Dairy Industry Requests Price Evaluation: Dairy and Products

23. CPSC Lists Voluntary Recalls

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

Product: ReasonCompanyRelease
Easy-Fold and Easy-Store Step Stools: Fall HazardEasy-Fold and Easy-Store Step Stools (NY)10-720
Girl's Hooded Sweatshirts with Drawstrings: Strangulation HazardBobens Trading Co. Inc. (NY)10-140
GE Telaire Airestat and Carrier Single Beam Carbon Dioxide (CO2) and Temperature Sensors: Fire HazardGE Infrastructure Sensing Inc. (MA)10-141
Hooded Sweatshirts with Drawstrings: Strangulation HazardWeeplay Kids LLC (NY)10-142
Children's Hooded Jackets: Strangulation HazardFranshaw Inc. (NY)10-143
Hooded Sweatshirts: Strangulation HazardBaycreek Inc. (NY)10-144
Pumptec Electric Motor Controllers for Submersible Pump Systems: Shock HazardFranklin Electric Co. (IN)10-145

(CPSC recalls available at http://www.cpsc.gov/cpscpub/prerel/prerelfeb10.html)

24. CPSC Announces Open Meetings with Industry Stakeholders

The Consumer Product Safety Commission has updated its weekly list of meetings between CPSC and industry stakeholders that are open to the public, unless otherwise stated (partial list):

American Home Furnishings Alliance & Commissioners Nord and Northup (in addition to previously announced meetings with Commissioners Adler, Moore & Tenenbaum); 02/23/10; to discuss furniture issues in consumer product safety;

CPSC's Allyson Tenney will attend ASTM F15.45 Candle Products Fire Safety Task Group meeting; 02/24/10; Columbus, OH.

25. Agency Seeks 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):

Agency Information Collection Comments Due

FDAExperimental Study of Graphic Cigarette Warning Labels04/23/10
CPSCConsumer Opinion Forum03/24/10

(Information collection notices are hyperlinked to agency name.)