The Export-Import Bank Advisory Committee will conduct open meetings on April 7 at the Omni Shoreham Hotel in Washington, Ex-Im Bank said (here). Discussion topics will include past recommendations and 2016 recommendations of the committee, Ex-Im’s business and pipeline, and the bank’s report on competitiveness to Congress.
An interim final rule on dolphin-safe tuna labeling issued by the National Marine Fisheries Service on March 23 sets new recordkeeping requirements for importers. The new regulations (here), meant to bring the U.S. into compliance with recent World Trade Organization rulings and avoid Mexican tariff retaliation (see 1603220037), include provisions that mirror NMFS’ recently proposed traceability requirements for high-risk species (see 1602040020). The new dolphin-safe tuna chain of custody recordkeeping requirements take effect for tuna harvested on fishing trips that begin on or after May 21, 2016.
The Drug Enforcement Administration said it intends to temporarily add two synthetic opioids to Schedule I of the Controlled Substances Act. DEA can issue a final order temporarily adding the substances after a period of 30 days passes. If issued, the final order will take effect immediately and will stay in effect for a maximum of three years, pending completion of a permanent scheduling order.
Faced with the threat of Mexican retaliatory tariffs on U.S. goods in connection with a World Trade Organization ruling on dolphin-safe tuna labeling requirements, the National Marine Fisheries Service is issuing regulations (here) apparently aimed at resolving the issue. Mexico on March 13 told the WTO it will seek $472.3 million in retaliatory tariffs, after a WTO appellate body found the U.S. labeling regime discriminates against Tuna fished in Mexican waters (see 12051633 and 1511230010). However, NMFS says a new interim final rule "brings the United States into compliance with its obligations as a Member of the World Trade Organization." Comments on the interim final rule are due April 22.
A six-month Department of Labor review “raises significant concerns” about the Peru's protection of worker rights, but DOL has not alleged a violation of the U.S.-Peru Trade Promotion Agreement, the department said (here). The agency's report (here) took issue with a lack of freedom of association rights for Peruvian workers employed on short-term contracts in non-traditional export sectors, including textiles, apparel, and certain agricultural products. If DOL would have found a violation, the U.S. would have been able to seek remedies such as fines, penalties, or temporary workplace closures through a dispute resolution process. The U.S. government plans to meet with Bogota officials “as soon as possible” to address the questions and concerns identified in DOL’s review, DOL said.
Projecting U.S. copyright law's fair use policies onto the 11 other Trans-Pacific Partnership member nations would potentially dilute the predictability essential for businesses that develop online services, Disney Vice President-Government Relations Mike Castellano said during a March 17 seminar hosted by the Washington International Trade Association. “You don’t know what it’s going to mean in a completely different legal system, particularly in a civil law system, which most countries are, when fair use is a common law doctrine.” U.S. fair use laws are substantially more developed than any other country’s regime, and applying those concepts beyond borders could astronomically increase companies’ legal costs, which would have a “bait-and-switch” effect on industry, Castellano said.
The Department of Energy should “abandon” or “at least, delay finalization,” of its proposed rule to require the filing of additional data elements in ACE for products subject to energy efficiency standards, the Consumer Technology Association said in recent comments (here). CTA objected to the proposed rule “in both substance and timing,” it said. “While all manufacturers and importers must comply with federal law and companies would also want their competitors to do so,” the proposed rule “is unnecessary and unsupported,” it said. The eight-page filing follows joint comments CTA filed Feb. 29 with other groups (see 1603140027), also asking DOE to withdraw the proposed rule or suspend the rulemaking process to do “further analysis and significant outreach.” Other commenters raised similar concerns (see 1603160021). There's “no evidence” DOE’s proposed rule is “necessary,” CTA said in its latest comments. DOE “has not provided any data that supports the allegation that importers across the board are disproportionately bringing non-compliant products into the country at a significant level,” CTA said. The proposed rule “only provides some anecdotal information about imported motors’ noncompliance,” it said. “CTA supports and applauds DOE’s efforts to stop noncompliance, if it is indeed occurring. Considering the high burden that the rule would impose on a vast number of importers, however, CTA asks that DOE provide statistical evidence substantiating its noncompliance concern with the imported products at issue prior to finalizing this rule.” CTA also said there's no evidence the proposed rule “will address the alleged underlying issue,” and the provisions would cover “an overly broad scope of product.” CTA also fears the proposed rule would violate World Trade Organization agreements barring international trade barriers, it said.
The Department of Energy is again extending the period for comments, this time until March 14, on a proposal that would require importers of products covered by energy efficiency standards to file a “certification of admissibility” for each shipment of such products at time of entry, it said (here). The Dec. 29 proposed rule would require filing via additional data elements in the Automated Commercial Environment (see 1512290020). DOE had already extended the comment period until Feb. 29 in response to requests from trade groups, and held a public meeting on the rule Feb. 19 (see 1602190039).
The Federal Trade Commission is extending until June 3 the period for comments on proposed changes to its Guides for the Jewelry, Precious Metals, and Pewter Industries, it said (here). The FTC is proposing to amend its guidance on marketing claims for precious metal surface applications, products containing more than one precious metal, alloys with precious metals, lead-glass-filled stones, varietals and cultured diamonds (see 1601110014). Other proposed changes in the FTC's Jan. 12 notice would affect use of the word “gem” and treatments to pearl products. Comments were originally due April 4.
The Energy Department is proposing to expand the scope of energy efficiency standards to “miscellaneous refrigeration products,” including coolers and combination cooler refrigeration products (here). Comments on the proposal are due April 4.