The Trump administration looks set to continue its focus on deregulation, judging by its recently released Spring 2018 unified regulatory agenda. Regulatory agencies with a hand in trade laid out their plans to harmonize and streamline regulatory requirements, including on Lacey Act implementation, a modernized seafood inspection program and an update to Toxic Substances Control Act chemical data reporting requirements. On the other hand, regulatory plans also include enforcement measures, including procedures for Commerce scope rulings during CBP investigations of antidumping and countervailing duty evasion and increased oversight over organic imports.
The Animal and Plant Health Inspection Service is looking into reports of delayed U.S. log exports into mainland China, the International Wood Products Association said in an email. "We understand that Chinese authorities are excluding shipments of raw logs that were previously allowed to be fumigated upon arrival in China or Hong Kong," the association said. The IWPA and others in the industry discussed the issue with APHIS on a May 9 call, it said. "As part of their ongoing discussions with their Chinese counterparts to address these delays, APHIS staff has asked IWPA" and others to compile reports from exports of logs with bark to China on successful and excluded shipments as of May 2. Such information should go to Tyrone Jones at APHIS at John.T.Jones@aphis.usda.gov by May 11.There have been recent reports of new non-tariff barriers in China on products from the U.S. (see 1805040054).
CBP has not received word from any other partner government agencies (PGAs) that they intend to make their ACE filing requirements mandatory in 2018, a CBP official said on the agency’s biweekly ACE call held May 10. The official spoke in response to a question on whether any more PGAs will become mandatory by the end of the year, focusing on Animal and Plant Health Inspection Service (APHIS) “core” requirements in particular. The CBP official cautioned that, while CBP hasn’t heard anything to her knowledge, it doesn’t mean PGAs can’t in the future notify the agency of their intent to become mandatory.
A federal court recently rejected an attempt by a Canada-based importer to get its rejected corn shipment released by CBP and the Animal and Plant Health Inspection Service. In an order dated April 20, the Eastern California U.S. District Court denied Sunrise Foods’ motion for a temporary restraining order for a shipment of corn purportedly from Turkey but later found to be of Russian, Moldovan and Kazakhstani origin. The court found Sunrise could not have been suffering too much, given the month it waited before requesting the TRO.
The Animal and Plant Health Inspection Service is proposing to loosen requirements on importation of bovines and bovine products from Poland, Croatia, Scotland and Northern Ireland, it said in a notice. APHIS intends to reclassify the four countries as having negligible risk of bovine spongiform encephalopathy, concurring with recommendations recently issued by the Organization for Animal Health, the agency said. Poland, Croatia, Scotland and Northern Ireland are currently classified as having controlled risk of BSE. Imports of bovines and bovine products from countries with controlled BSE risk face tighter restrictions. Comments are due June 25.
The Animal and Plant Health Inspection Service is proposing to amend its regulations on the importation of peppers from South Korea to change certain requirements, it said. The proposed rule would increase the mesh size of the screening over vent openings in South Korean greenhouses from 0.6 mm to 1.6 mm, and require the use of colored sticky traps as an additional measure for pest monitoring. The change in mesh size was requested by the South Korean government. Comments on the proposal are due June 19.
The Animal and Plant Health Inspection Service is proposing to allow imports of fresh cape gooseberry fruit from Ecuador, it said in a proposed rule. Shipments would have to come from pest-free places of production and be put in labeled boxes prior to shipping. Gooseberry that does not meet these conditions would still be able to be imported but would be subject to treatment. Comments on the proposed rule are due June 19.
The Animal and Plant Health Inspection Service is proposing to amend its regulations on branding requirements for bovines imported into the U.S. from Mexico, it said. The proposed action, requested by Mexico, would simplify and enlarge brands on imported bovines. “The changes we are proposing would help prevent inconsistencies in branding that can result in bovines being rejected for import into the United States,” APHIS said. Comments are due June 11.
The Animal and Plant Health Inspection Service is amending its regulations on animals and animal products to remove restrictions previously in place to combat the disease rinderpest, it said in a final rule. The animal disease has been declared fully eradicated, so the restrictions are no longer necessary, APHIS said. The agency’s regulations will no longer restrict importation and exportation of animal products due to rinderpest, nor will they specify permit and certificate requirements related to the disease. References to rinderpest will be maintained only in the APHIS regulations on select agents and toxins, the agency said. The final rule takes effect April 11.
The Animal and Plant Health Inspection Service will allow imports of lemon from Chile into the continental U.S., it said in a final rule. Eligibility conditions include pre-harvest sampling at the registered production site under the direction of the Chilean government, and inspection in Chile at an APHIS approved site. Each shipment will also have to be accompanied by a phytosanitary certificate from the Chilean government declaring the fruit has been found free of the pest B. chilensis based on field and packinghouse inspections. The final rule takes effect May 7.