The Senate unanimously confirmed Gil Kerlikowske as CBP commissioner by voice vote on March 6, in a move that ensures a Senate-confirmed commissioner will lead CBP for the first time in nearly five years. Department of Homeland Security Secretary Jeh Johnson, along with some industry leaders, praised the confirmation.
The U.S. Trade Representative extended the Section 301 investigation of Ukraine for three months, pledging to make a determination by Feb. 28, 2014, on Ukrainian intellectual property rights (IPR) violations. Section 301 of the Trade Act of 1974 permits the U.S. to retaliate against unfair trade practices (here). USTR launched the investigation in May, labeling Ukraine a priority foreign country. “This designation is the culmination of several years of growing concern over widespread IP theft, including the growing entrenchment of IPR infringement that is facilitated by government actors,” the USTR report said at the time (here). Further information: Elizabeth Kendall, 202-395-3580, Isabella Detwiler, 202-395-6146, or Shannon Nestor, 202-395-3150.
The office of the U.S. Trade Representative (USTR) is requesting written public comment on the Intellectual Property (IP) protections, enforcement and market access in El Salvador. The comments will influence the USTR decision on whether to place El Salvador on the Trade Act of 1974 Section 182 sanctioned “Priority Watch List,” which indicates IP violations exist in a particular country. Those interested should submit comments by 10 a.m. Dec. 13 via http://www.regulations.gov, docket number USTR-2013-0038 and include the term “2013 Special 301 Out-of- Cycle Review of El Salvador” in the “Type Comment” field. Those interested in obtaining further information should contact USTR official Michael Diehl at (202) 395-6126.
Those involved in international trade were reporting relatively few impacts of the government shutdown, in its second day, but expressing concerns about the longer term. Most industry officials told us traffic continues moving through ports and airports.
The United States Trade Representative (USTR) rescheduled its public hearing to investigate the intellectual property policies and practices of the Ukrainian government that resulted in Ukraine’s May 2013 identification as a Priority Foreign Country (see 13050201). According to the Trade Act of 1974 (here), countries that “deny adequate and effective protection for IPR” and “have the greatest adverse impact (actual or potential) on the relevant U.S. products” should be designated a PFC.
The U.S. International Trade Commission released “The Year in Trade 2012,” its annual overview of the previous year's trade-related activities. The Year in Trade 2012 includes complete listings of antidumping, countervailing duty, safeguard, intellectual property rights infringement, and section 301 cases undertaken by the U.S. government in 2012. In addition, the report covers:
The U.S. Trade Representative should name China a Priority Foreign Country because of alleged trade secret theft by the country, Democratic leaders of the House Ways and Means Committee said March 28. “We have known for some time that the Government of China does not do enough to enforce the intellectual property of U.S. innovators in China. But government-sponsored theft of trade secrets would put China in an entirely different category,” said Committee Ranking Member Sandy Levin, D-Mich., and Trade Subcommittee Ranking Member Charles Rangel, D-N.Y. in a letter sent to Acting USTR Demetrios Marantis. “Given the evidence of this egregious conduct, the corresponding damage to our businesses, and the fact that China is in breach of its [World Trade Organization] obligations, we urge you to consider designating China a Priority Foreign Country for Special 301 purposes.”
The Consumer Product Safety Commission issued guidance on inaccessible component parts in children's toys or child care articles subject to Section 108 of the Consumer Product Safety Improvement Act of 2008, in a Federal Register notice scheduled for Feb. 14. The section says the prohibition on specified products containing phthalates does not apply to any component that is not accessible to a child through normal and reasonably foreseeable use and abuse of such product.
CBP Los Angeles/Long Beach is updating its port procedures for the disposition of merchandise refused by the Food and Drug Administration (FDA), it said in a public bulletin dated Dec. 21. The bulletin also notified the public that the Federal Destruction and Redelivery Team (Team FDR) will process documentation on FDA refused merchandise, it said.
The International Trade Commission is beginning an investigation of the effects of import restraints on U.S. consumers and firms, the income and employment of U.S. workers, and the net economic welfare of the U.S., as well as the contribution of services to manufacturing. The resulting report will be the eighth update of the original report on import restraints delivered to the U.S. Trade Representative in 1993. The investigation will not assess import restraints resulting from antidumping or countervailing duty investigations, section 337 and 406 investigations, or section 301 actions, the ITC said. Comments are due by April 12, and the ITC plans a public hearing in connection with this investigation on March 19.