The Department of Transportation's (DOT's) Pipeline and Hazardous Materials Safety Administration (PHMSA) has issued a final rule, effective September 28, 2005, which corrects editorial errors, makes minor regulatory changes and, in response to requests for clarification, improves the clarify of certain provisions in the Hazardous Materials Regulations (HMR).
Notable CROSS rulings
The Journal of Commerce reports that U.S. Customs and Border Protection will soon announce in the Federal Register that it is eliminating the Automated Commercial Environment (ACE) requirement that importer accounts have bond riders and make periodic duty payments, thus opening ACE up to nearly all comers. (JoC, dated 08/29/05, www.joc.com )
The Federal Motor Carrier Safety Administration (FMCSA) issued a notice, effective August 26, 2005, which withdraws its March 19, 2002 proposed rule that would have required each commercial motor vehicle (CMV) operating in interstate commerce to display a label applied by the vehicle manufacturer or a registered importer to document the vehicle's compliance with all applicable Federal Motor Vehicle Safety Standards (FMVSSs) in effect as of the date of manufacture.
The Alcohol and Tobacco Tax and Trade Bureau (TTB) has issued a temporary rule, effective August 24, 2005, which implements new certification requirements regarding production practices and procedures for imported natural wine contained in the Miscellaneous Trade and Technical Corrections Act of 2004 (Public Law (P.L.) 108-429), which amended section 5382 of the Internal Revenue Code of 1986.
The International Trade Administration (ITA) has issued a proposed rule to amend its regulations at 19 CFR Part 351 on antidumping (AD) and countervailing (CV) duty sunset reviews in order to conform them to a December 2004 World Trade Organization (WTO) Dispute Settlement Body (DSB) decision.
The Federal Maritime Commission (FMC) has posted to its Web site a notice announcing that it has issued a proposed rule to expand the tariff publication exemption provided to non-vessel operating common carriers (NVOCCs) in NVOCC Service Arrangements (NSAs), by allowing NVOCCs and shippers' associations with NVOCC members to act as shippers in NSAs.
The Bureau of Industry and Security (BIS) has issued a final rule, effective July 15, 2005, which revises certain entries on the Commerce Control List (CCL) that are controlled for national security reasons in Categories 1, 2, 3, 4, 5 Part I (telecommunications), 6, 7, 8, and 9, and definitions to conform with changes in the Wassenaar Arrangement's List of Dual-Use Goods and Technologies and Statements of Understanding maintained and agreed to by governments participating in the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies (Wassenaar Arrangement).
The Bureau of Industry and Security (BIS) has issued a final rule, effective July 21, 2005, which makes nuclear grade graphite intended for non-nuclear end uses subject to the Export Administration Regulations' (EAR) licensing jurisdiction, and imposes a license requirement for exports and reexports of such material to destinations of concern for nuclear proliferation (NP) reasons.
The U.S. Department of Agriculture (USDA) has issued a statement announcing that on July 14, 2005 the Ninth Circuit Court of Appeals lifted the preliminary injunction that blocked implementation of the Animal and Plant Health Inspection Service's (APHIS') final rule as amended1 (final rule) to establish a category of regions that present a minimal risk of introducing bovine spongiform encephalopathy (BSE) into the U.S. via live ruminants and ruminant products and by-products, and to add Canada to this category.
In the May 25, 2005 issue of the U.S. Customs and Border Protection Bulletin (CBP Bulletin) (Vol. 39, No. 22), CBP issued notices: (a) revoking two classification rulings on Protamine Sulfate, and (b) revoking a classification ruling on tungsten carbide rods. CBP states that it is also revoking any treatment it has previously accorded to substantially identical transactions that are contrary to its position in these notices.