The DOT's Bureau of Transportation Statistics reports that trade using surface transportation between the U.S. and its North American Free Trade Agreement (NAFTA) partners Canada and Mexico was 2.9 percent lower in November 2009 than in November 2008, dropping to $58.9 billion. Surface transportation consists largely of freight movements by truck, rail and pipeline. About 88 percent of U.S. trade by value with Canada and Mexico moves on land. (Press release, dated 01/28/10, available at http://www.bts.gov/press_releases/2010/bts005_10/html/bts005_10.html)
The Court of International Tradehasruled against further proceedingson an Appeal Court'sruling that invalidateda CIT decision thatUPS Customhouse Brokerage violated 19 USC 1641 by not exercising responsible supervision and control.The CAFC had ruled thatCustoms was required toconsider all 10 factors listed in 19 CFR 111.1 as a prerequisite. The CIT also ruled that a discretionary remand to Customs would be inappropriate. (U.S. v. UPS Customshouse Brokerage, Inc., Slip Op. 10-11, dated 01/28/10, available at http://www.cit.uscourts.gov/slip_op/Slip_op10/Slip%20Op%2010-11.pdf)
The Department of Homeland Security has issued a press release on U.S. Customs and Border Protection's enforcement of the Importer Security Filing and Additional Carrier Requirements (10+2) interim final rule beginning January 26, 2010. (See ITT's Online Archives or 01/25/10 news, (Ref: 10012505), for most recent BP summary of CBP's 10+2 enforcement plans.)(Press release, dated 01/27/10, available at http://www.dhs.gov/ynews/releases/pr_1264608972865.shtm.)
The Animal and Plant Health Inspection Service has issued a final rule, effective February 25, 2010, which, among other things, amends the phytosanitary treatment regulations in 7 CFR Part 305 by removing the lists of approved treatments and treatment schedules from the regulations, while retaining the general requirements for performing treatments and certifying or approving treatment facilities. The final rule also harmonizes and combines the requirements for performing irradiation treatment for imported articles, articles moved interstate from Hawaii and U.S. territories, and articles moved interstate from an area quarantined for fruit flies. (D/N APHIS-2008-0022, FR Pub 10/26/10, available at http://edocket.access.gpo.gov/2010/pdf/2010-1375.pdf)
1. U.S.-China Commission Hearing on National Security and Trade
1. World Economic Forum Releases "Global Risks 2010"
The Census Bureau has posted a press release announcing that the U.S. international trade deficit increased to $36.4 billion in November from $33.2 billion (revised) in October, as imports increased more than exports. (Press release, posted 01/12/10, available at http://www.census.gov/foreign-trade/data/)
The World Customs Organization Secretary General, in a speech before the Customs Union Group of the EU Council on January 7, 2010, stated that the WCO's priorities for 2010 would include: (1) effective implementation of risk management techniques, (2) the establishment of a strong Customs-business partnership, (3) support for the "Globally Networked Customs" initiative, (4) the strengthening of border management and (5) the implementation of a Single Window system (by adopting, among other things, the WCO Data Model). (Report, dated 01/07/10, available at http://www.wcoomd.org/speeches/?v=1&lid=1&cid=2&id=194)
The National Marine Fisheries Service has announced its 90-day finding, in response to a petition, that listing Atlantic sturgeon (Acipenser oxyrinchus oxyrinchus) as endangered, or to list multiple distinct population segments as threatened or endangered and designate critical habitat under the Endangered Species Act may be warranted. Comments are due by February 5, 2010. (D/N 0912231440-91443-01, FR Pub 01/06/10, available at http://edocket.access.gpo.gov/2010/pdf/E9-31373.pdf)
The Office of the U.S. Trade Representative has presented to Congress the Biannual report on the operation of the Caribbean Basin Economic Recovery Act. The report is statutorily-mandated by Congress and describes the main features of the program, analyzes trade trends, and outlines each country's performance related to the CBERA program's eligibility criteria. (Report, dated 12/31/09, available at http://www.ustr.gov/webfm_send/1573)