Miscellaneous International Trade Notices

1. U.S. Expects WTO Crop Biotech Decision Soon

2. U.S. Uncovers Large Drug Tunnel at California-Mexico Border

The Washington File reports that U.S. law authorities continue to investigate what they believe is one of the largest and most sophisticated tunnels ever discovered along the international border between Tijuana, Mexico, and the California community of Otay Mesa near the city of San Diego. According to the article, the tunnel is believed to be approximately 1.1 kilometers long. (Washington File Pub 01/26/06, available at http://usinfo.state.gov/xarchives/display.html?p=washfile-english&y=2006&m=January&x=20060126171800AEneerG0.956402&t=livefeeds/wf-latest.html.)

3. EPA Final Rule on Allowances for Certain Ozone, Methyl Bromide Exports

The Environmental Protection Agency (EPA) has issued a final rule, effective December 29, 2005, which finalizes certain adjustments to allocations of Article 5 allowances permitting production of Class I ozone-depleting substances (IODS) solely for export to developing countries that meet those countries' basic domestic needs. The EPA states that this action adjusts the baseline Article 5 allowances for companies for specific Class I controlled substances and establishes a schedule for reductions in the Article 5 allowances for these Class I controlled substances. The final rule also extends the Article 5 allowances for the manufacture of methyl bromide solely for export to developing countries beyond January 1, 2005. (FR Pub 12/29/05, available at http://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/pdf/05-24606.pdf)

4. FDA Permits Use of Coronary Health Claim for Certain Barley

The Food and Drug Administration (FDA) has issued an interim final rule which amends its regulations authorizing a health claim on the relationship between oat beta-glucan soluble fiber and reduced risk of coronary heart disease. The amendment adds whole grain barely and certain dry milled barley grain products as an additional eligible source of beta-glucan soluble fiber for the health claim. (D/N 2004P-0512, FR Pub 12/23/05, available at http://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/pdf/05-24387.pdf)

5. FDA Withdraws Direct Final Rule on Labeling of Dietary Supplements Containing Botanicals

The Food and Drug Administration (FDA) has issued a notice that withdraws an August 2003 direct final rule that amended FDA regulations on the designation of ingredients in dietary supplements by: (1) incorporating by reference the most recent editions of the references Herbs of Commerce and the International Code of Botanical Nomenclature, and (2) codifying certain requirements in the Farm Security and Rural Investment Act of 2002 that restrict the use of the term "ginseng" in certain labeling and advertising. (See ITT's Online Archives or 09/03/03 news, 03090399 2, for BP summary of this direct final rule.) (D/N 2003N-0346, FR Pub 12/28/05, available at http://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/pdf/05-24511.pdf)

6. DoD Implements DFARS for Australia FTA, Removes It for Morocco

The Department of Defense (DoD) has issued a final rule, effective December 9, 2005, which adopts with changes an interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement new Free Trade Agreements (FTAs) with Australia and Morocco. DoD states that DFARS is implemented with respect to the Australia FTA; however, as the Morocco FTA has not yet entered into force, this final rule does not implement DFARS for that agreement. (See ITT's Online Archives or 01/26/06 news, 05012699 6, for BP summary of the interim rule.) (DFARS Case 2004-D013, FR Pub 12/09/05, available at http://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/pdf/05-23722.pdf)

7. RSPA Adds New Regulatory Paragraph on Compressed Gases in Cargo/Portable Tanks

The Research and Special Programs Administration (RSPA) has issued a notice announcing that it is correcting 49 CFR Part 173 (Shippers - General Requirements for Shipments and Packagings) which was revised on October 1, 2004, in order to add a new paragraph at 7 CFR 173.315(i)(8) concerning pressure relief valves and devices with respect to compressed gases in cargo tanks and portable tanks. (FR Pub 12/08/05, available at http://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/pdf/05-55517.pdf)

8. FDA Posts Various Food Safety Notices to its Web site

The Food and Drug Administration (FDA) has posted the following food-safety related notices to its Web site:

Recall of tropical fruit ackee. The FDA has issued a press release announcing a recall of some shipments of ackee, a tropical fruit imported from Jamaica, because the fruit has levels of a naturally occurring toxin called hypoglycin that are of health concern. (P05-113, dated 12/23/05, available at http://www.fda.gov/bbs/topics/news/2005/NEW01288.html)

FDA requests seizure of dietary supplements containing ephedrine alkaloids. The FDA has issued a press release announcing that at its request, approximately $16,000 worth of Lipodrene was seized at ATF Fitness Products, Inc. in Oakmont, PA. (P06-06, dated 01/12/06, available at http://www.fda.gov/bbs/topics/news/2006/NEW01297.html)

FDA issues warning about two Brazilian-made diet pills. The FDA has issued a press release warning consumers about two Brazilian diet pills, Emagrece Sim Dietary Supplement and Herbathin Dietary Supplement, are unapproved and may contain several active ingredients including controlled substances, found in prescription drugs that could lead to serious side effects or injury. (P06-07, dated 01/13/06, available at http://www.cfsan.fda.gov/lrd/fpdietp.html)

FDA updates publication on mercury levels in commercial fish and shellfish. The FDA has issued an updated version of a document that contains tables listing those fish and shellfish with the highest levels of mercury, the lowest levels of mercury, as well as mercury levels for fish and shellfish falling between the highest and lowest groups. (FDA publication, updated January 2006, available at http://www.cfsan.fda.gov/frf/sea-mehg.html)

FDA updates publication on monitoring program for mercury concentrations in fish. The FDA has issued an updated version of its publication entitled, Mercury Concentrations in Fish: FDA Monitoring Program (1990-2004). The publication lists the mercury and/or methylmercury levels for certain species of fish for various years ranging between 1990 and 2004. (FDA publication, updated January 2006, available at http://www.cfsan.fda.gov/frf/seamehg2.html)