At two separate Congressional hearings on March 7, 2012, representatives of the American Association of Port Authorities emphasized the need for federal support for seaport security and maintenance improvements to federal navigation channels, noting the challenges that underfunding security and dredging pose for national security and U.S. international competitiveness.
On March 13, 2012, President Obama signed H.R. 4105 into law, amending 19 USC 1671 so that the countervailing duties on non-market economy (NME) countries, such as China and Vietnam, can continue to apply and adjustments of antidumping margins for double counting can be made. These changes were needed in light of certain court and WTO rulings.
The Drug Enforcement Administration issued a final rule, effective April 16, 2012, amending 21 CFR Parts 1301 and 1309 to adjust the fee schedule for DEA registration and reregistration fees necessary to recover the costs of the Diversion Control Program relating to the registration and control of the manufacture, distribution, dispensing, importation, and exportation of controlled substances and List I chemicals as mandated by the Controlled Substances Act.
The U.S.-China Economic and Security Review Commission announced that it will be holding a hearing on March 26, 2012 in Manassas, Virginia. This hearing, the third that the USCC will hold during its 2012 report cycle to collect input from academic, industry, and government experts on national security implications of the U.S. bilateral trade and economic relationship with China, will examine recent trends in China’s computer exploitations and China’s nuclear forces and strategies. Written statements are due from interested parties by March 23, 2012. Reservations are not required to attend the hearing.
The International Trade Administration has issued the final results of the administrative review of the antidumping duty order on certain lined paper products from India (A-533-843) which sets AD cash deposit rates for 35 manufacturer/exporters. These rates, which are effective March 13, 2012, are expected to be implemented by U.S. Customs and Border Protection soon.
On March 8, 2012, seven U.S. Senate Finance Committee members urged U.S. Trade Representative Ron Kirk to preserve the highest standards of protection for trade secrets in the Trans-Pacific Partnership. According to the letter, which was spearheaded by Ranking Member Orrin Hatch (R-UT) and Committee member John Kerry (D-MA), trade secrets are among the most valuable assets for many companies, particularly start-ups and SMEs since, unlike patents, they can be protected without registration or other formalities. The letter states that foreign governments have become adept at developing policies which effectively undermine the value of trade secret protection in order to advance national policy goals, at the expense of U.S. industry.
On March 13, 2012, the Senate will resume consideration of S. 1813, a bill that would reauthorize the Federal-aid highway and highway safety construction programs for two years. According to the Senate, several amendments would be voted on during March 13 debate, culminating with a vote on the bill. On March 8, 2012 three amendments were adopted by the Senate, including one on special measures against foreign jurisdictions that impede U.S. tax enforcement.
U.S. Trade Representative Ron Kirk announced that the United States has requested consultations with China at the World Trade Organization (WTO) concerning China’s export restraints on rare earths, as well as tungsten and molybdenum. USTR states that these materials are key inputs in a multitude of U.S. products and manufacturing sectors, including hybrid car batteries, wind turbines, energy efficient lighting, steel, advanced electronics, automobiles, petroleum, and chemicals.
The Bureau of Industry and Security has updated its commodity classification webpage to include information received from an additional five companies (for a total of 58) that have requested that the information available on their companies’ websites, and/or their companies’ export control points of contact, be accessible via the BIS website.
The UN Economic Council for Europe announced that amendments to the Customs Convention on the International Transport of Goods under cover of TIR carnets (TIR Convention) have gone into force effective January 1, 2012. The amendments1, among other things, (i) explicitly require that issuers of TIR carnets annually notify the TIR Executive Board of the price of each type of TIR Carnet issued, (ii) set the effective date for revocation of authority to issue TIR carnets by Contracting Parties (member countries) at 3 months after the date of revocation, and (iii) make other changes.