The U.S. Trade Representative was due to submit by September 2, 2009, his recommendation to President Obama on whether to grant relief to union workers in the form of additional duties on imported tires from China. Although the President has 15 days to decide the issue, trade sources expect him to make a decision before the deadline. This case is of interest to other industries as it will be President Obama's first Section 421 decision, and it was brought by a union rather than domestic industry. (USW press release, dated 09/02/09, available at http://www.usw.org/media_center/news_articles?id=0382 )
The DOT's Bureau of Transportation Statistics reports that trade using surface transportation between the U.S. and its North American Free Trade Agreement partners Canada and Mexico was 31.5 percent lower in June 2009 than in June 2008, dropping to $50.8 billion in the sixth consecutive month with a year-to-year decline of greater than 27 percent. (Press Release, dated 08/31/09, available at http://www.bts.gov/press_releases/2009/bts041_09/html/bts041_09.html)
The Animal and Plant Health Inspection Service has revised its enforcement phase-in schedule for the Lacey Act declaration requirement for imported plants and plant products.
The U.S. and Canada are planning to terminate their bilateral ISPM 15 exemption for wood packaging material made entirely of Canadian origin wood or U.S origin wood that comes directly to the U.S. from Canada, or to Canada from the U.S.
The Consumer Product Safety Commission is issuing a final rule, effective August 26, 2009, on its determinations that certain materials (such as certain paper, wood, ink, textiles) do not exceed the lead content limits specified in the Consumer Product Safety Improvement Act of 2008. (See ITT's Online Archives or 08/21/09 news, 09082110, for BP summary detailing the final rule.)(FR Pub 08/26/09, available at http://edocket.access.gpo.gov/2009/pdf/E9-20589.pdf)
The Animal and Plant Health Inspection Service has issued an advance notice of proposed rulemaking and is requesting comments on regulatory options that could be applied to wood packaging material (e.g., crates, dunnage, wooden spools, pallets, packing blocks) used in domestic commerce to decrease the risk of the artificial spread of plant pests such as the emerald ash borer and the Asian longhorned beetle.
The Port of Miami has issued an Information Bulletin reminding interested parties about CBP's policy on wood packing materials inspection procedures for the offloading of marked and unmarked vessel dunnage. (See ITT's Online Archives or 06/30/06 news, 06063000, for CBP's operating procedures for full enforcement of WPM regulations, including dunnage. See 07/14/06 news, 06071410, for CBP update to procedures.) (Information Bulletin, dated 08/20/09, No. 09-030 is available via email by sending a request to documents@brokerpower.com)
The Commissioners of the Consumer Product Safety Commission have approved an interim final rule containing the CPSC's interpretation of the statutory and other civil penalty and mitigation factors that may be considered for "knowing" violations of the prohibited acts listed in the Consumer Product Safety Act, the Flammable Fabrics Act, and the Federal Hazardous Substances Act, as amended by the Consumer Product Safety Improvement Act of 2008. Commissioner statements are availablehere. In addition, CPSC has approved a notice withdrawing its related July 2006 proposed rule on civil penalty factors. (Interim Final Rule, dated 08/19/09, available at http://www.cpsc.gov/businfo/frnotices/fr09/civilpenaltyfactors-draft.pdf)
The Government Accountability Office has issued its report to Congressional committees on the effectiveness of CPSC's authority over imported consumer products.