The Lacey Act Declaration requirement is currently being enforced for nine Harmonized Tariff Schedule Chapter 44 headings (wood and articles of wood), except where such goods are cleared using Automated Line Release (ALR)/Border Release Advance Screening and Selectivity Program (BRASS)1.
The Animal and Plant Health Inspection Service has issued a notice announcing that it has prepared an evaluation of the animal health status of Suffolk and Norfolk Counties, England, relative to the H5N1 subtype of highly pathogenic avian influenza (HPAI). Comments are due by June 8, 2009. APHIS press release available here. (D/N APHIS-2009-0015, FR Pub 05/07/09, available at http://edocket.access.gpo.gov/2009/pdf/E9-10630.pdf)
U.S. Customs and Border Protection has revised its guidance on how it will enforce the Lacey Act Declaration requirement for covered plants and plant products. The revision delays enforcement of the declaration requirement for Automated Line Release (ALR)/Border Release Advance Screening and Selectivity (BRASS) program participants another 30 days, until June 1, 2009.
The Animal and Plant Health Inspection Service has issued a release stating it will begin a pilot program on May 1, 2009, initially open to those entities currently participating in CBP's expedited border release program, Automated Line Release (ALR)/Border Release Advance Screening and Selectivity (BRASS), and whose products require a Lacey Act declaration during the current phase of enforcement. This pilot program will test the feasibility of collecting the information required using a periodic "blanket" declaration, with subsequent reconciliation reports. Entities currently participating in ALR or BRASS will be able to choose whether to remain active in the expedited program and participate in this pilot program or be removed from the expedited program. (See ITT's Online Archives or 05/01/09 news, 09050105, for BP summary.) (Release, available at http://www.aphis.usda.gov/plant_health/lacey_act/downloads/PilotProgramAnnoucement.pdf)
CBP recently posted guidance on how it will enforce the Lacey Act Plant Product Declaration requirement for covered products beginning May 1, 2009. Among other things, the guidance provided information on a new pilot program for current participants in the Automated Line Release (ALR)/Border Release Advance Screening and Selectivity (BRASS) program whose products require a Lacey Act declaration during the current phase of enforcement. CBP's instructions for the pilot covers ALR/BRASS shipments for June 2009; CBP did not provide (or did not clearly provide) instructions for ALR/BRASS participants entering covered products during the month of May.
According to an email from Trucking.org, on April 29, 2009, the U.S. District Court for the Central District of California issued its final ruling preliminarily enjoining certain Long Beach and Los Angeles Port Concession Plan requirements of the Clean Truck Program. Trucking.org states that the final ruling is essentially the same as the April 27, 2009 draft ruling (but with additional language set forth in footnotes 4, 16 & 21, addressing the ports' discretionary decision-making power, concession filing fees and the LA incentive payment program, respectively). For email copy of ruling, send requests to documents@brokerpower.com .
U.S. Customs and Border Protection has posted new guidance on how it will enforce the Lacey Act Plant Product Declaration1 requirement for covered products beginning May 1, 2009.
On April 28, 2009 China and Peru signed a free trade agreement in Beijing. The agreement is the first FTA package China has signed with a Latin American country. (Notice, dated 04/28/09, available at http://english.people.com.cn/90001/90776/90883/6647262.html)
The World Trade Organization has issued a compliance panel report examining the implementation measures by the U.S. in the dispute "U.S.-Measures Relating to Zeroing and Sunset Reviews" (DS322) brought by Japan. (See future issue of ITT for details.)(Report, dated 04/24/09, available at http://www.wto.org/english/news_e/news09_e/322rw_e.htm)
The Embassy of China reports that in a video greeting in recognition of China Intellectual Property Protection Week, the Director-General of the World Intellectual Property Organization (WIPO) said China has made remarkable progress in intellectual property rights protection in a short time. According to the Director of China's State Intellectual Property Office (SIPO), these remarks reflect the fact that China has established a trademark law system, joined six international treaties or conventions concerning trademarks, registered more than 530,000 foreign trademarks from more than 130 countries or regions, etc. (Notice, dated 04/22/09, available at http://www.china-embassy.org/eng/xw/t558606.htm)