Miscellaneous International Trade Notices
American President Lines, Ltd. and APL Co. Pte. Ltd., have petitioned the Federal Maritime Commission (FMC), pursuant to Section 16 of the 1984 Shipping Act, for a full exemption from the first sentence of Section 9(c) of the 1984 Act to permit them to reduce their tariff rates, charges, classifications, rules, or regulations, effective upon publication. The FMC notes that while petitioners, at the time they filed this petition, did not meet the statutory definition of a controlled carrier, they have advised the FMC that they anticipate meeting this definition in the very near future. (Notice of Filing of Petition No. P5-04, FR Pub 09/28/04, available at http://a257.g.akamaitech.net/7/257/2422/06jun20041800/edocket.access.gpo.gov/2004/pdf/04-21743.pdf.)
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1. APL Files Petition Regarding Anticipated Status as Controlled Carrier
2. Recent Developments in the Textile and Clothing Quota Expiration Issue
According to a Textile Development Memo recently issued by the U.S. Association of Importers of Textiles and Apparel (USA-ITA), Commerce Under Secretary for International Trade Grant Aldonas has stated that a Federal Register notice identifying the factors that the Administration believes should be addressed in any petition alleging threat of market disruption, will be published in the Federal Register as an interim rule. USA-ITA also reports that one the Administration makes affirmative determinations on several Textile Safeguard petitions (which will not occur before January 2005), it intends to try to negotiate a broader agreement with China.
According to a press release issued by the National Council of Textile Organizations (NCTO), the issue of the expiration of textile and clothing quotas has been placed on the formal agenda for the World Trade Organization's Council on Goods meeting on October 1, 2004. (USA-ITA TDM dated 09/28/04, www.usaita.com; NCTO press release, dated 09/28/04, available at http://www.ncto.org/newsroom/pr200408.asp.)
3. President Waives Application of Certain TSRA Provisions to Libya
The President has issued Presidential Determination No. 2004-49, which waives the application of Section 908(a)(1) of the Trade Sanctions Reform and Export Enhancement Act of 2000 (TSRA) with respect to Libya. (FR Pub 09/29/04, available at http://a257.g.akamaitech.net/7/257/2422/06jun20041800/edocket.access.gpo.gov/2004/pdf/04-21954.pdf)
4. DHS Again Corrects Interim Rule Implementing 2nd Phase of US-VISIT
The Department of Homeland Security (DHS) has issued a second correction to its August 31, 2004 interim rule on the implementation of the second phase of the U.S.-Visitor and Immigrant Status Indicator Technology Program (US-VISIT). DHS is making certain corrections with respect to 8 CFR 215.8 and 235.1, which concern certain classes of aliens exempted from US-VISIT requirements. Phase II of the US-VISIT program becomes effective September 30, 2004 when, among other things, the program is expanded to the 50 most highly trafficked land border ports. (See ITT's Online Archives or 09/08/04 news, 04090820, for BP summary of the interim rule and first correction.) (DHS-2004-0002, FR Pub 09/29/04, available at http://a257.g.akamaitech.net/7/257/2422/06jun20041800/edocket.access.gpo.gov/2004/pdf/04-21935.pdf)
5. U.S. and Bangladesh Sign Income Tax Treaty
The Washington File reports that the U.S. and Bangladesh have signed an income tax treaty designed to encourage bilateral trade and investment by reducing the potential for double taxation and establishing clear dispute-resolution mechanisms. According to the article, the treaty will now be submitted to the Senate for ratification. (Washington File Pub 09/27/04, available at http://usinfo.state.gov/xarchives/display.html?p=washfile-english&y=2004&m=September&x=20040927172847ndyblehs0.5442926&t=livefeeds/wf-latest.html)
6. State Department's Defense Trade Advisory Group to Hold Open Meeting
The State Department's Defense Trade Advisory Group (DTAG) will hold an open meeting on October 21, 2004 in Washington, DC in order to review progress of the working groups and to discuss current defense trade issues and topics for further study. (Public Notice 4817, FR Pub 09/29/04, available at http://a257.g.akamaitech.net/7/257/2422/06jun20041800/edocket.access.gpo.gov/2004/pdf/04-21796.pdf)