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Miscellaneous International Trade Notices

The Washington File reports that the U.S. Department of Agriculture (USDA) has announced that a second case of bovine spongiform encephalopathy (BSE) has been confirmed in the U.S. The Washington Post reports that there is no indication that the Texas animal was imported. (Washington File Pub 06/24/05, available at http://usinfo.state.gov/xarchives/display.html?p=washfile-english&y=2005&m=June&x=20050624171239AKllennoCcM0.8347132&t=livefeeds/wf-latest.html ; WP, 06/25/05, www.washingtonpost.com )

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1. USDA Announces Discovery of Second BSE Case in U.S.

2. U.S. Wins WTO Challenge Against Japanese Restrictions on Apples

The Office of the U.S. Trade Representative (USTR) has announced that a World Trade Organization (WTO) panel has sided with the U.S. in the dispute against Japanese restrictions on U.S. apples. The panel agreed with the U.S. that Japan failed to conform its restrictions on apples to previous WTO findings, and affirmed a U.S. argument that any hypothetical concerns regarding the spread of fire blight disease could be addressed by restricting exports of apples to mature, symptomless fruit. (USTR press release, dated 06/23/05, available at http://www.ustr.gov/Document_Library/Press_Releases/2005/June/United_States_Wins_WTO_Challenge_Against_Japanese_Restrictions_on_U.S._Apples.html

3. FDA Revised Guidance for U.S. Dairy Product Manufacturers/Processors Interested in Exporting to Chile

The Food and Drug Administration (FDA) has revised its guidance for industry and FDA entitled "Establishing and Maintaining a List of U.S. Dairy Product Manufacturers/Processors With Interest in Exporting to Chile," which discusses, among other things, the FDA's list which identifies U.S. firms that have expressed interest in exporting dairy products to Chile, etc. FDA notes that dairy products from firms not on this list could be refused entry into Chile. (See ITT's Online Archives or 06/04/03 news, 03060499 4, for BP summary of the first edition of this guidance.) (FDA guidance, revised June 2005, available at http://www.cfsan.fda.gov/dms/expclgu2.html)

4. Company to Pay $700,000 Civil Penalty and be Subject to Denial of Export Privileges to Settle Charges of Unauthorized Exports to 5 Countries

The Bureau of Industry and Security (BIS) has issued a press release announcing that Wilden Pump and Engineering Co., LLC, will pay a $700,000 civil penalty to settle administrative charges that it violated the Export Administration Regulations (EAR) in connection with unauthorized exports of diaphragm pumps from the U.S. to Iran, Israel, China, Syria, and the United Arab Emirates without the required Commerce Department export licenses. The press release states that Wilden also agreed to be subject to a three-year denial of export privileges for items on the Commerce Control List. The denial will be suspended for two years provided that Wilden does not commit any violations of the EAR during the suspension period. (BIS press release, dated 06/03/05, available at http://www.bis.doc.gov/News/2005/Winden.htm.)