The Environmental Protection Agency is proposing a significant new use rule (SNUR) under section 5(a)(2) of the Toxic Substances Control Act (TSCA) for hexabromocyclodecane (HBCD). This proposed rule would designate “use in consumer textiles, other than for use in motor vehicles” as a significant new use. This action would require persons who intend to manufacture (including import) or process HBCD for use in covered consumer textiles to notify the EAP at least 90 days before commencing that activity. The general SNUR article exemption for persons who import or process chemical substances as part of an article would not apply.
Brian Feito
Brian Feito is Managing Editor of International Trade Today, Export Compliance Daily and Trade Law Daily. A licensed customs broker who spent time at the Department of Commerce calculating antidumping and countervailing duties, Brian covers a wide range of subjects including customs and trade-facing product regulation, the courts, antidumping and countervailing duties and Mexico and the European Union. Brian is a graduate of the University of Florida and George Mason University. He joined the staff of Warren Communications News in 2012.
The International Trade Commission said it extended the deadline to submit a report to the Senate Finance Committee on its investigation into the global competitiveness of Brazilian agricultural exports and its impact on U.S. agricultural exporters in third country markets to April 26, 2012 (from March 26, 2012).
Japan’s Ministry of Economy, Trade and Industry said Japanese Prime Minister Yoshihiko Noda and Canadian Prime Minister Stephen Harper agreed to initiate negotiations on a Japan-Canada Economic Partnership Agreement at a Japan-Canada Summit Meeting on March 25, 2012. A specific schedule for negotiations will be coordinated later.
The International Trade Administration announced its affirmative preliminary determinations in the countervailing duty investigations of circular welded carbon-quality steel pipe from India and Vietnam, and negative preliminary determinations in the CV duty investigations of circular welded carbon-quality steel pipe from Oman and the United Arab Emirates. According to the ITA’s fact sheet, producers/exporters of subject merchandise from (1) India and (2) Vietnam received preliminary CV rates of (1) 285.95%, and (2) de minimis to 8.06%, respectively. As a result of the preliminary affirmative determinations for India and Vietnam, the ITA will instruct U.S. Customs and Border Protection to collect a cash deposit or bond based on these preliminary CV rates. Because of the negative preliminary determinations, no cash deposit or bond will be required for imports from Oman and the UAE.
The Environmental Protection Agency is proposing two significant new use rules (SNURs) under section 5(a)(2) of the Toxic Substances Control Act (TSCA) for (i) di-n-pentyl phthalate (DnPP), and (ii) a short chain chlorinated paraffin (SCCP), and proposing to add nine benzidine-based chemical substances to the relevant existing SNUR. In the case of benzidine-based chemical substances, the EPA is also proposing to make inapplicable the exemption relating to persons that import or process substances as part of an article.
Japan’s Ministry of Economy, Trade and Industry announced that the “APEC Conference on Innovation and Trade” will be in Singapore on April 4 and 5 under the leadership of Japan. This is the first international APEC conference that focuses on the impact of trade promotion on innovation. The results of the forum will be reported at the APEC Meeting of Ministers Responsible for Trade in June 2012 and discussed at the APEC Economic Leaders’ Meeting and Ministerial Meeting in September 2012.
The Foreign Trade Zones Board said it will hold two outreach events to provide training and enable discussion about the FTZB’s new regulations in Atlanta on May 8, 2012. In the first session, FTZB will provide general training open to anyone interested in attending, including grantees, and will cover a range of provisions of the new regulations. A second outreach session will be held for officials of grantee organizations. RSVPs are required by May 3, 2012 to attend the outreach events, and will focus on regulatory provisions that have a direct impact on the grantee role.
The International Trade Commission is asking for comments by about April 5, 2012, on a patent complaint filed on behalf of Pragmatus AV, LLC, which alleges violations of Section 337 of the Tariff Act of 1930 in the importation into the U.S., the sale for importation, and the sale within the U.S. after importation of certain consumer electronics, including mobile phones and tablets (D/N 2885). ITC is asking for comments on any public interest issues that might affect ITC consideration, including whether the issuance of an exclusion order and/or cease and desist order would impact the public interest.
At the Bureau of Industry and Security’s Regulations and Procedures Technical Advisory Committee (RPTAC) meeting on March 6, a Census Bureau official updated attendees on the status of its draft final rule to revise the Automated Export System regulations, including post-departure filing requirements (referred to as Option 4), the steps that must be taken before the final rule is issued, and an informed compliance period once it is published.
The Food Safety and Inspection Service reports that the 44th Session of Codex Committee on Food Additives (CCFA) concluded March 16 in Hangzhou, China, and despite the efforts of an electronic Working Group (eWG), once again, the CCFA failed to resolve the issue of Note 161 to the General Standard of Food Additives (GSFA). The use of this Note has become a critical issue because many countries view the inclusion of national legislation in Codex standards as a trade barrier and contrary to the spirit of Codex. The CCFA also discussed work relating to other revisions of the GSFA.