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Miscellaneous International Trade Notices

At the February 25, 2010 meeting of the Departmental Advisory Committee on Commercial Operations of U.S. Customs and Border Protection and Related Homeland Security Functions, a Department of Homeland Security official stated that the White House is coordinating a supply chain security assessment. This assessment, which will meet the requirements of the Security and Accountability for Every (SAFE) Port Act, is expected to be completed in summer 2010.

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1. White House Coordinating Supply Chain Security Assessment

2. CBP Continues to Work on Excel Format for ISF Progress Reports

U.S. Customs and Border Protection continues to work toward providing the trade with Importer Security Filing progress reports in Excel format, according to a CBP official at the February 25, 2010 COAC meeting. (The trade had previously requested that CBP provide ISF progress reports in Excel spreadsheet format.).

3. CPSC Posts Draft Final "Civil Penalty Factors" Rule for Commission Vote

The Consumer Product Safety Commission has posted a ballot vote sheet and draft final rule for Commission vote on March 3, 2010 on CPSC's interpretation of the statutory factors it considers in determining civil penalty amounts for "knowing" violations of the prohibited acts in the CPSA, FFA, and FHSA. CPSC states that the draft final rule makes certain clarifying changes to the interim final rule that has been in place since September 1, 2009. (Vote sheet and draft final rule, posted 02/26/10, available at http://www.cpsc.gov/library/foia/foia10/brief/penalties.pdf)

4. Ex-Im Bank to Provide Infrastructure Funding to Mexico

The U.S. Embassy in Mexico has announced that the U.S. Export-Import Bank and Mexico's National Development Bank for Public Works and Services (Banobras) of Mexico signed a memorandum of agreement on February 25, 2010 for Ex-Im Bank to provide up to $1 billion in financing for Mexico's National Infrastructure Program. (Press release, dated 02/25/10, available at http://mexico.usembassy.gov/eng/releases/ep1000225_EXIM.html)

5. ITA Extends Application Deadline for Clean Energy Missions to China and Indonesia

The International Trade Administration has extended the deadline to March 12, 2010for applicationsfor its Clean Energy Business Development Missions to China(May 15-21) and Indonesia(May 23-25).

6. FMCSA Administrator Speaks on HOS at Food Shippers Meeting

Federal Motor Carrier Safety Administration Administrator Ferro spoke at the Annual Food Shippers of America Meeting on February 22, 2010. Her remarks noted that a fifth listening session on the new Hours of Service rulemaking will be held in late March at the Mid-America Truck Show. Also, comments on HOS can also be sent in; go to www.fmcsa.dot.gov for instructions. (Remarks, dated 02/22/10, available at http://www.fmcsa.dot.gov/about/news/speeches/Food-Shippers-of-America-Annual-Meeting-Anne-Ferro.aspx)

7. EPA Submits Proposed Rule on GHG Source Reporting Requirements to OMB for Approval

The Environmental Protection Agency has submitted a proposed rule for Office of Management and Budget approval that will propose greenhouse gas reporting requirements for five different source categories: Electronics Manufacturing, Fluorinated Gas Production, SF6 in Electric Power Systems, Manufacturers of Electrical Equipment, and Importers of Pre-charged Equipment and Closed-Cell Foams, in order to collect accurate and comprehensive emissions data to inform future climate change policies. (Rule, received 02/27/10, available at http://www.reginfo.gov/public/do/eAgendaViewRule?pubId=200910&RIN=2060-AQ00)

8. Walmart to Eliminate Tons of GHG Emissions from Global Supply Chain

Walmart announced on February 25, 2010 its goal to eliminate 20 million metric tons of greenhouse gas (GHG) emissions from its global supply chain by the end of 2015. This represents one and a half times the company's estimated global carbon footprint growth over the next five years and is the equivalent of taking more than 3.8 million cars off the road for a year. (News release, dated 02/25/10, available at http://walmartstores.com/FactsNews/NewsRoom/9668.aspx)

9. ITA Agenda for Public Meeting on Civil Nuclear Trade

The International Trade Administration is announcing the schedule and proposed agenda of the first meeting of the Civil Nuclear Trade Advisory Committee (CINTAC) on March 23, 2010 in Washington, DC, which will be open to the public. The agenda includes a public comment period and discussion of civil nuclear trade priority issues. (FR Pub 02/26/10, available at http://edocket.access.gpo.gov/2010/pdf/2010-3940.pdf)

10. ITC Reschedules DC Hearing on SME Exports to March 18th

The International Trade Commission has rescheduled to March 18, 2010, the Washington, DC public hearing on its investigations of small and medium-sized enterprise exports previously scheduled for February 9-10. Requests to appear at the hearing are due March 8; pre-hearing comments are due March 10; and post-hearing comments are due March 28. (Notice, posted 02/24/10, available at http://www.usitc.gov/secretary/fed_reg_notices/332/332_509_notice02242010sgl.pdf)

11. BIS Denies Export Privileges Until May 2018 to Individual for Unauthorized Exports to Iran

The Bureau of Industry and Security has issued an order denying export privileges until May 15, 2018 against Afshin Rezaei for exporting laptop computers from the U.S. to Iran without having obtained the required authorization. Rezaei was sentenced to three years of supervised release, and all export licenses in which Rezaei had an interest at the time of his conviction have been revoked. (FR Pub 02/26/10, available at http://edocket.access.gpo.gov/2010/pdf/2010-3994.pdf)

12. Three Men Indicted for Unlicensed Export of Gun Sights and Equipment to Philippines

U.S. Immigration and Customs Enforcement reports that former gun store owner, Romulo Reclusado, and two others have been indicted for allegedly exporting sophisticated gun sights and equipment used to manufacture assault rifles to the Philippines without the required licenses. If convicted, they would face a maximum of 25-45 years in prison. (News release, dated 02/25/10, available at http://www.ice.gov/pi/nr/1002/100225losangeles.htm)

13. Treasury Reports on Illicit Tobacco Trade and Role of Imports

The Treasury Secretary has issued a report to Congress on Federal tobacco receipts lost due to the illicit tobacco trade in the United States and the role of imported tobacco products in the illicit trade in the United States, as required by the Children's Health Insurance Program Reauthorization Act of 2009. (Report, dated 02/04/10, available at http://www.ttb.treas.gov/pdf/tobacco-receipts.pdf)

14. TTB Suspends Consideration of Alcoholic Beverages with Added Vitamins, Nutrients

The Alcohol, Tobacco, Tax and Trade Bureau will be working with the Food and Drug Administration to develop guidance on whether added vitamins and other nutrients, directly or indirectly through a flavor, to alcohol beverages is generally recognized as safe (GRAS). As a consequence, TTB is suspending consideration of inquiries on this topic pending the guidance. (Notice, posted 02/24/10, available at http://www.ttb.treas.gov/main_pages/defer-review-abf.shtml)

15. TTB Offers Wine Industry Federal Compliance Seminars in California

The Alcohol and Tobacco Tax and Trade Bureau is offering Federal Compliance Seminars for the wine industry in Central and Northern California during April 6 - 12, 2010. (Notice, posted 02/22/10, available at http://www.ttb.treas.gov/pdf/seminars/ca2010.pdf)

16. TTB Offers Wine Industry Federal Compliance Seminars in Oregon, Washington

The Alcohol and Tobacco Tax and Trade Bureau is offering Federal Compliance Seminars for the wine industry in Oregon and Washington during May 11 - 20, 2010. (Notice, posted 02/22/10, available at http://www.ttb.treas.gov/pdf/seminars/wa-or2010.pdf)

17. TTB Alert on Imported French Wine Mislabeled as Pinot Noir

TTB states that on February 17, 2010, a number of French wine producers and traders were found guilty of mislabeling wine sold to American importers as "pinot noir," when it was actually made from less expensive grape varieties. TTB has begun investigations to determine the appropriate course of action to take regarding the American importers of these mislabeled wines. (Notice, posted 02/23/10, available at http://www.ttb.treas.gov/main_pages/mislabeled-french-wines.shtml)

18. FTC Lists 2009 Top Consumer Complaints Filed with Agency

The Federal Trade Commission has released a report listing the top complaints consumers filed with the agency in 2009. It shows that identity theft remains the top complaint category, followed by debt collectors, Internet services and shop-at-home/catalog sales. (Report, posted 02/24/10, available at http://www.ftc.gov/opa/2010/02/2009fraud.shtm)

19. WTO Panel Report Adopted in U.S.-Thailand Retail Carrier Bag "Zeroing" Dispute

The World Trade Organizationinformed WTO Members thaton February18, 2010, the Dispute Settlement Body adopted the panel report on "U.S. - Antidumping Measures on Polyethylene Retail Carrier Bags from Thailand" (DS383)which ruled againstcertain U.S."zeroing" practices. (Search WTO documents underFeb 24, 2010for source document or requestcopyby emailing documents@brokerpower.com) (Report, posted 02/25/10, available at http://docsonline.wto.org/gen_home.asp?language=1&_=1)

20. European Court Rules West Bank Products do Not Qualify for Israeli Customs Preferences

On February 25, 2010, the European Court of Justice determined that products originating in the West Bank do not qualify for preferential customs treatment under the EC-Israel Agreement and that the assertion made by Israeli authorities that products manufactured in the occupied territories qualify for the preferential treatment granted to Israeli goods is not binding upon the customs authorities of the European Union. (Notice, dated 02/25/10, available at http://europa.eu/press_room/press_releases/index_en.htm?Page=1)

21. EC Investigates Suspected Cartel in Auto Electrical and Electronic Component Firms

On February 24, 2010, European Commission officials carried out unannounced inspections at automotive electrical distribution system companies (and related electronic and electrical component suppliers) as it has reason to believe they may have violated European Union antitrust rules that prohibit cartels and restrictive business practices. (Press release, dated 02/25/10, available at http://europa.eu/rapid/pressReleasesAction.do?reference=MEMO/10/49&format=HTML&aged=0&language=EN&guiLanguage=en)

22. Foreign Trade Zone Board Actions and Notices

The Foreign Trade Zone Board has issued the following actions and notices:

FTZ 119 - Approvals for Subzone Expansion and Expanded Manufacturing Authority: Foreign Trade Subzone 119B; Apple Valley, MN

FTZ 72 - Grant of Authority for Subzone Status: Foreign Trade Subzone 72S; Indianapolis, IN

FTZ 271 - Grant of Authority for Subzone Status: Foreign Trade Subzone 271A; Thomson, IL

FTZ 73 - Grant of Authority for Subzone Status: Foreign Trade Subzone 73C; Baltimore, MD

FTZ 276 - Grant of Authority; Establishment of a Foreign Trade Zone: Foreign Trade Zone 276; Kern County, CA

FTZ 274 - Reorganization of a Foreign Trade Zone: Foreign Trade Zone 274; Butte-Silver Bow, MT

23. FAS Issues 2009-2010 Pistachio Trade Forecast

The Foreign Agricultural Service has posted a World Markets and Trade report, "Pistachios: 2009/10 Forecast Overview," which states, among other things, that U.S. pistachio exports are forecast at a record 145,000 metric tons for 2009/10, up 10% due to continued strong shipments to Hong Kong and China. (Report, posted 02/23/10, available at http://www.fas.usda.gov/htp/horticulture/Tree%20Nuts/2010_Treenuts.pdf)

24. Miscellaneous and Processed Products PPQ Manual Updated

On February 25, 2010, APHIS updated its Miscellaneous and Processed Products PPQ Manual. The manual is used for regulating imported items that are processed and are not intended for propagation. (Manual, updated 02/25/10, available at http://www.aphis.usda.gov/import_export/plants/manuals/ports/downloads/miscellaneous.pdf)

25. Updated List of Instructions and U.S. Plants for Exporting Meat and Poultry to Foreign Countries

FSIS has provided updated information for the export of U.S. meat and poultry to the following country:

Canada (Revised February 25, 2010)

26. Revised FDA Import Alert

The Food and Drug Administration has posted a revised version of the following Import Alert on the detention without physical examination of:

45-02: Foods Containing Illegal and/or Undeclared Colors

27. FAS Global Agriculture Information Network Reports

The Foreign Agriculture Service issued the following GAIN reports:

Thailand - Rice Price - Weekly: Weekly Rice Price Update

Burma - Beans and Pulses Monthly Trade Report - December: Grain and Feed

28. Agency Seeks Comments on Information Collections

Various U.S. government agencies are seeking comments on the following information collections for which they have requested or intend to request Office of Management and Budget approval or extension of approval (see notices for specific details):

Agency Information Collection Comments Due

ITCComment Request04/26/10
FWSFederal Fish and Wildlife Permit Applications and Reports-Law Enforcement04/26/10
ITASurvey of Non-Tariff Trade Barriers to the U.S. Environmental Industry04/26/10
BISBIS Program Evaluation03/26/10
USDA1Disaster Assistance-General (7 CFR part 1945-A)03/26/10
USDA2USDA eAuthentication Service Customer Registration03/26/10
USDA3Procurement: Maximum Workweek-Construction Schedule; Procurement: Instructions for the Preparation of Technical and Business Proposals; Procurement: Key Personnel Clause; and Procurement: Progress Reporting Clause03/25/10
USDA4Trade Adjustment Assistance for Farmers (TAA)03/26/10
USDA5Visitor Permit and Visitor Registration Card; and Youth Conservation Corps Application & Medical History Forms03/25/10
APHIS1Irradiation Phytosanitary Treatment for Fresh Fruits and Vegetables; Importation of Fruit from Thailand; and Importation of Mangoes from India03/26/10
APHIS27 CFR 340; Introduction of Organisms and Products Altered or Produced Through Genetic Engineering; Tuberculosis Testing for Imported Cattle; and Asian Longhorn Beetle (ALB)03/25/10
FSISElectronic Animal Disease Reporting System03/26/10
NIFAOrganizational Information03/25/10
FTCExtension04/27/10
FDA1Reporting and Recordkeeping Requirements and Availability of Sample Electronic Products for Manufacturers and Distributors of Electronic Products04/27/10
FDA2Substances Prohibited From Use in Animal Food or Feed; Animal Proteins Prohibited in Ruminant Feed04/27/10
FDA3Third Party Disclosure and Recordkeeping Requirements for Reportable Food03/29/10

(Information collection notices are hyperlinked to agency name.)