The Energy Department on July 14 issued a final rule setting new enforcement procedures for regional energy efficiency standards for central air conditioners (here). The final rule sets new recordkeeping requirements for manufacturers and private labelers of air conditioners, as well as enforcement procedures for violations, including continued sales to repeated violators of regional standards. The new regulations take effect Sept. 12.
The Democratic National Committee on July 9 added an amendment to its party platform that says trade negotiations must be transparent and inclusive, and that U.S. free trade agreements must not subvert democracy through special interests such as “private courts for corporations,” apparently referring to investor-state dispute settlement mechanisms. The Democratic Platform Committee met over the weekend in Orlando, Florida, where it voted 117-64 to adopt the amendment, introduced by American Federation of State, County and Municipal Employees President Lee Saunders, which also said Democrats would work, through FTAs, to hold countries accountable on currency manipulation, and which struck language identifying “a diversity of views” surrounding the Trans-Pacific Partnership within the party. The adopted amendment ostensibly puts more pressure on Congress to pass TPP by the end of this year, as both parties are looking to include tough trade stances in their finalized platforms.
The Federal Communications Commission published a guidance on the July 1 suspension of Form 740 filing requirements (here). The agency temporarily waived the Form 740 requirements until the end of the year for imported radio frequency devices due to the transition to ACE (see 1510200035). "This suspension only eliminates the filing requirements; all other requirements related to importation and to compliance with equipment authorization rules for radio frequency equipment continue to apply," the FCC said.
The Trans-Pacific Partnership picked up an endorsement from the Cato Institute, a libertarian think tank that issued a report (here) June 30 concluding the overall impact of the agreement would be “net liberalizing” for trade. Cato found 15 chapters of the agreement to be overall liberalizing, five chapters to be more protectionist than liberalizing, and two chapters to be neutral. The textiles and apparel, trade remedies, and labor chapters tied for the lowest scores on Cato’s liberalization gradient, which found customs, market access and dispute settlement chapters to be the most liberalizing. While TPP doesn’t represent free trade, the perfect shouldn’t be the enemy of the good, and full-blown free trade isn’t politically attainable, the report concludes. “If the TPP will deliver more trade liberalization than restriction, and realistic alternatives to more comprehensive liberalization are unavailable, why not support the TPP?” the report says.
A U.S. District Court judge in Newark, N.J., sentenced Alexander Brazhnikov of Mountainside, N.J., to 70 months in prison for obtaining and smuggling more than $65 million worth of electronics from the U.S. to Russia in violation of U.S. export laws, the Justice Department said (here). Brazhnikov pleaded guilty to one count of conspiracy to commit money laundering, one count of conspiracy to smuggle electronics from the U.S., and one count of conspiracy to violate the International Emergency Economic Powers Act.
Past free trade agreements have boosted U.S. exports, increased bilateral trade flows and improved the U.S. trade balance, according to an International Trade Commission report on U.S. trade pacts previously agreed to (here). The U.S. trade balance in 2015 was $87.5 billion more positive than it would’ve been without FTAs like NAFTA, the Uruguay Round Agreements and several bilateral agreements, the report says. ITC took into account the impacts of FTAs on the U.S. economy over the past 30 years. The report also found that the World Trade Organization Information Technology Agreement bolstered yearly IT exports covered by the agreement by 56.7 percent in 2010, and that Uruguay Round and NAFTA tariff reductions contributed to a 14.7 increase in U.S. steel imports in 2000.
The Energy Department is adopting an energy efficiency test procedure for integrated light-emitting diode (LED) lamps, it said. The agency’s final rule (here) will “support the implementation of labeling provisions by the Federal Trade Commission, as well as the ongoing general service lamps rulemaking, which includes LED lamps,” DOE said. Compliance with the new test procedures will be required for any representations made on or after Dec. 28.
The Federal Trade Commission is increasing maximum civil penalties assessed for violations of laws and regulations enforced by the agency, it said (here). The one-time “catch up,” which more than doubles some penalty amounts, was required by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, signed into law in November, and will be followed by annual adjustments for inflation. The increase more than doubles penalties for unfair trade practices, failure to maintain records on wool and fur products and energy efficiency labeling violations. The higher penalties take effect Aug. 1.
The Republican National Committee ripped Democratic presidential candidate Hillary Clinton for her “flip-flop” on the Trans-Pacific Partnership in a video (here) that juxtaposes excerpts from a 2016 campaign address expressing opposition to the deal and a 2012 Clinton speech during her tenure as secretary of State in support of TPP. After showing speech excerpts and press commentary, the ad, titled “The Gold Standard,” closes by flashing these words across the screen: “Liar. Dishonest. Untrustworthy.” The RNC in a policy brief claimed that Clinton publicly supported the trade deal at least 45 times (here). The Clinton campaign didn’t immediately comment. Donald Trump, the presumptive Republican nominee, is also opposed to the TPP.
The Fish and Wildlife Service is increasing amounts of civil penalties for violations of the laws and regulations it administers, including the Lacey Act and Endangered Species Act, it said in an interim rule (here). The one-time “catch up,” which more than doubles some penalty amounts, was required by the Civil Penalties Inflation Adjustment Act Improvements Act of 2015, signed into law in November, and will be followed by annual adjustments for inflation. Penalties for certain violations of the Endangered Species Act will rise to nearly $50,000, while some Lacey Act penalties will increase to a maximum of $25,000. The increase takes effect July 28, with comments on the change due Aug. 29.