The Environmental Protection Agency is proposing significant new use rules (SNURs) for 37 chemical substances that were the subject of premanufacture notices. Seventeen of the substances are subject to EPA consent orders. If finalized, the SNURs would require persons who intend to manufacture, import, or process any of these 37 substances for a new use to notify EPA at least 90 days beforehand. EPA would then have the ability to prohibit or limit the activity. Comments on the proposed rule are due by April 26.
On Feb. 21 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 said a guidance is now available on industry implementation of Physician Labeling Rule content and format requirements in labeling for human drug and biological products. FDA said the guidance will assist applicants in developing labeling for new products, revising existing labeling, and implementing the physician labeling requirements. The Physician Labeling Rule, published in 2006, addresses prescription drug labeling that is used by prescribers and other health care practitioners. Comments on the guidance may be submitted at any time, FDA said. The guidance is available here.
The Food Safety and Inspection Service revised export requirements and plant lists for the following countries for Feb. 15-21:
The Alcohol and Tobacco Tax and Trade Bureau finalized its addition of Cachaça standard of identity, following negotiations that will also result in the Brazilian government recognizing standards for Bourbon and Tennessee Whiskey. The final rule is effective April 11, but a grace period until about Aug. 24 will be allowed for some spirits with noncompliant labeling.
The President’s Export Council will meet March 12 at 9:30 a.m. ET to discuss recommendations for promoting expansion of U.S. exports. Agenda items may include the “Doing Business in Africa” campaign, the need for nominations to the Export-Import Bank Board of Directors, sanitary and phytosanitary issues in Trans-Pacific Partnership negotiations, and U.S.-Canada trade facilitation. The meeting will be broadcast live on the internet here.
A listing of recent antidumping and countervailing duty messages from the International Trade Administration posted to CBP's website Feb. 21, along with the case number(s) and CBP message number, is provided below. The messages are available by searching for the listed CBP message number at addcvd.cbp.gov. (CBP occasionally adds backdated messages without otherwise indicating which message was added. ITT will include a message date in parentheses in such cases.)
Lamina Packaging Innovations filed a complaint with the International Trade Commission alleging violations of Section 337 by imports of laminated packaging that violate its patents. Products the packaging is used for include liquor, cosmetics, electronics, and toys, although the complaint doesn’t accuse these underlying products of patent infringement if not imported without the packaging at issue. The patented technologies relate to bleached and unbleached layers in paper laminates that provide higher stiffness and are more environmentally friendly. Lamina licenses the technologies to domestic companies. The company is requesting the ITC issue limited exclusion orders and cease and desist orders against import and sale of infringing packaging by the following respondents:
Imports of certain Intel microprocessors, also used by Apple and Hewlett-Packard, do not infringe patents held by X2Y Attenuators, and do not violate Section 337, said the International Trade Commission after reviewing an administrative law judge’s determination. The investigation of “certain microprocessors, components thereof, and products containing same” (337-TA-781) had begun in 2011. The ITC reversed and vacated parts of the ALJ’s decision, but did not reverse the ALJ’s key finding of no patent infringement. The ITC terminated the investigation based on its finding.
The International Trade Administration published notices in the Feb. 21 Federal Register on the following AD/CV proceedings (any notices that announce changes to AD/CV duty rates, scope, affected firms, or effective dates will be detailed in another ITT article):