The U.S. Supreme Court unanimously struck down some “Clean Truck Program” drayage truck requirements at the Port of Los Angeles June 13, reversing a 9th Circuit Court of Appeals ruling in the process. The high court found requirements for off-street parking plans and placards displaying phone numbers are both preempted by a provision of the Federal Aviation Administration Authorization Act that bars state and local governments from regulating the price, route, or service of motor carriers. It declined to rule on the legality of Clean Truck Program financial capacity and truck maintenance requirements.
CBP’s proposal to revoke a tariff classification ruling letter on yarn made by textile company Best Key is rooted in misconduct by CBP officers, said the company in comments on the proposal. The proposed revocation was published in the April 24 Customs Bulletin, alongside a proposal to revoke another ruling on a shirt made from the yarn (see 13042908). Among other things, CBP will consider whether yarn must have a minimum metal content to be classified as metallic. But according to Best Key’s comments, the groundwork for the proposed revocation was laid by an improper collaboration between a New York CBP lab and a CBP import specialist to misreport the result of lab tests, and minimize the metal content of Best Key’s yarn.
The International Trade Commission is publishing notices in the June 13 Federal Register on the following AD/CV injury, Section 337 patent, and other trade proceedings (any notices that warrant a more detailed summary will appear in another ITT article):
Consumer Product Safety Commission announced the following voluntary recalls June 12:
The Environmental Protection Agency is proposing extensive changes to its renewable fuels standard (RFS2) program regulations, including some changes that would impose new requirements on renewable fuel importers. The proposed rule would apply to importers of renewable fuels the requirements of 40 CFR 80.1466, including designation, foreign producer certification, product transfer document, load port independent testing and producer identification, submission to U.S. jurisdiction and posting of a bond, EPA said. Currently, those requirements only apply to foreign producers. The proposal would also prohibit importers from generating RINs for renewable fuel imported from a foreign renewable fuel producer or foreign ethanol producer, unless and until the foreign renewable fuel producer or foreign ethanol producer has satisfied all of the Section 80.1466 requirements.
On June 12 the Food and Drug Administration posted new and revised versions of the following Import Alerts on the detention without physical examination of:
The Food and Drug Administration issued its weekly Enforcement Report for June 12 that lists the status of recalls and field corrections for food, drugs, biologics, and devices. The report covers both domestic and foreign firms.
On June 12, the Foreign Agricultural Service posted the following GAIN report:
The Animal and Plant Health Inspection Service announced changes June 12 to Plant Protection and Quarantine (PPQ) electronic manuals. While some changes are minor, other changes may affect the admissibility of the plant products, including fruits, vegetables, and flowers.
The Foreign Trade Zones Board issued the following notices for June 13: