The World Trade Organization Trade Facilitation Agreement (TFA) should be relatively simple to implement, yet cargo clearance and release provisions will likely have significant impacts on global trade flows, UPS executives said during a Feb. 14 webinar on TFA implementation. A total of 108 countries have implemented the agreement, two short of the number needed for entry into force, according to the WTO. Overall, the agreement will provide transparency, predictability, procedural simplification and streamlining, and customs coordination and cooperation at a time when temporary barriers to trade are rising worldwide, including a tripling of CBP compliance audit surveys in the U.S. in 2016 over recent years, UPS Customs Brokerage Manager Greg Maddaleni said during the webinar.
The International Trade Commission will undertake the first of three reviews on business-to-business and business-to-consumer digital technologies, including on digital exports that might encounter trade barriers overseas, the ITC said in Feb. 10 notice (here). As part of its first of three planned investigations, the ITC will hold a public hearing on April 4. The commission will accept requests to appear at the hearing through March 21, pre-hearing briefs and statements through March 23, post-hearing briefs and statements through April 11, "all other written submissions for the first report" through April 21, and will submit the first of three digital trade reports to the Office of the U.S. Trade Representative on Aug. 29, the ITC said. Pursuant to a Jan. 13 request to the ITC by former U.S. Trade Representative Michael Froman (see 1701170069), the ITC anticipates releasing the second report by Oct. 28, 2018, and the third report by March 29, 2019.
The Fish and Wildlife Service is delaying the effective date to March 21 of its listing of the rusty patched bumble bee as endangered under the Endangered Species Act, it said (here). The delay is meant to comply with a presidential memorandum issued shortly after President Donald Trump took office on Jan. 20 (see 1701230031). The final rule was originally set to take effect Feb. 10 (see 1701100038).
The Securities and Exchange Commission is reconsidering whether to go forward with reporting requirements for “conflict minerals” from the Democratic Republic of the Congo and surrounding countries, Acting SEC Chairman Michael Piwowar said on Jan. 31 (here). The review by SEC staff, which follows the beginning of the first full reporting period under the conflict minerals rule on Jan. 1, will consider whether modified reporting requirements set in 2014 are “still appropriate and whether any additional relief is appropriate in the interim,” he said. Comments on “all aspects of the rule and guidance” are due March 17 (here), Piwowar said in a separate statement (here).
The Federal Communications Commission will review Form 740 data requirements for imports of goods that the agency regulates, the FCC said in a notice (here). The FCC mentioned Form 740 filing as part of a list of agency rules under review. "The purpose of the review is to determine whether Commission rules whose ten-year anniversary dates are in the years 2011 - 2014" should be "continued without change, amended, or rescinded in order to minimize any significant impact the rules may have on a substantial number of small entities," it said. The Form 740 certification requirements for imported radio frequency devices were waived by the FCC until June 30 (see 1612090033). Comments are due May 4.
The Drug Enforcement Administration is proposing to permanently list AB-CHMINACA, AB-PINACA and THJ-2201 in schedule I of the Controlled Substances Act, it said (here). The synthetic cannabinoids have been temporarily listed in schedule I since January 2015. In a separate notice (here), DEA is also extending the temporary listing of these substances for another year, until January 2018. Substances may be temporarily listed in the Controlled Substances Act for a maximum of three years.
The Drug Enforcement Administration is delaying until March 21 the effective date of its recent final rule on electronic filing of permit applications, import and export declarations, and other required filings and reports for the importation and exportation of controlled substances, listed chemicals, and tableting and encapsulating machines, it said (here). The effective date of the final rule, which was originally set to take effect Jan. 30 (see 1612290015), is being delayed to comply with a recent presidential memorandum (see 1701230031). DEA’s ACE pilot will end on the effective date of the final rule on electronic filing, so the delay means the end of the pilot is also postponed.
The Pipeline and Hazardous Materials Safety Administration finalized changes to its hazardous materials (hazmat) regulations intended to harmonize the regulations with international agreements, it said (here). The final rule implements recent changes to the International Maritime Dangerous Goods Code, the International Civil Aviation Organization’s Technical Instructions for the Safe Transport of Dangerous Goods by Air, and the United Nations Recommendations on the Transport of Dangerous Goods -- Model Regulations, PHMSA said. Also included are changes to align U.S. and Canadian regulations agreed to by the U.S.-Canada Regulatory Cooperation Council. The changes affect proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quantity limitations and vessel stowage requirements, PHMSA said. Compliance with the amended regulations is required beginning Jan. 1, 2018.
The International Trade Commission is investigating whether to add to or remove articles from the Generalized System of Preferences (GSP), as well as proposed competitive need limitation (CNL) waivers under the program, the ITC said (here). The Office of the U.S. Trade Representative on Jan. 5 requested the ITC advise on the probable economic effect on total U.S. imports, on U.S. industries producing similar or directly competitive articles, and on U.S. consumers of the elimination of import duties under GSP for five products (see 1701110040). USTR also requested that the ITC investigate probable economic effects of removing glycine from GSP and granting CNL waivers for seven products using the dollar value limit of $175 million. The ITC said it will provide the requested advice and information for the 2016/2017 GSP review by May 5, after holding a public hearing Feb. 21 and a comment period to last until March 3. The ITC will accept requests to testify at the public hearing through Feb. 3, pre-hearing briefs and statements through Feb. 8, post-hearing briefs and statements through Feb. 27, and all other written submissions through March 3, it said.
The Energy Department is amending energy efficiency standards for general service lamps, in a final rule (here). The standard adopts a new definition of general service lamps, as follows: a lamp intended to serve in general lighting applications and that has the following basic characteristics: 1) an ANSI base (with the exclusion of light fixtures, LED downlight retrofit kits, and exemptions for specific base types); 2) a lumen output of greater than or equal to 310 lumens and less than or equal to 3,300 lumens; 3) an ability to operate at or between 12 V, 24 V, 100 to 130 V, 220 to 240 V, or 277 V; and 4) no designation or label for use in non-general applications. Products covered by the definition will be subject to a minimum of 45 lumens per watt under the Energy Independence and Security Act of 2007, effective Jan. 1, 2010. Only LED light bulbs currently meet that standard, according to a press release (here) issued DOE when it published the underlying proposal in 2016.