Miscellaneous International Trade Notices
1. CBP Held Media Teleconference on 10+2 Enforcement
On January 25, 2010, U.S. Customs and Border Protection held a media teleconference to discuss the graduated, escalated enforcement approach CBP will take beginning January 26th, when it "fully enforces" the 10+2 interim final rule. Among other things, officials stated that CBP will be doing an analysis of the Importer Security Filing data generated or lack of data submitted beginning on January 26, 2010 and will be looking at it from an enforcement perspective. (See ITT's Online Archives or 01/25/10 news, 10012505, for previous BP summary of CBP detailing its graduated, escalated enforcement approach.)
2. DHS OIG Posts Report on CBP Cargo Targeting and Examinations
The Department of Homeland Security's Office of Inspector General has posted a report entitled "Cargo Targeting and Examinations." This report addresses U.S. Customs and Border Protection's progress in improving the Automated Targeting System as a tool in the multilayered cargo security strategy. (Report, dated 01/06/10, available at http://www.dhs.gov/xoig/assets/mgmtrpts/OIG_10-34_Jan10.pdf.)
3. USDA Announces Results of Cotton Referendum: 3 States Added to List of Cotton-Producing States
The U.S. Department of Agriculture announced the results of a recent Cotton Research and Promotion Program referendum in which Kansas, Virginia and Florida will be considered separate states in the definition of "cotton-producing state," as provided for by the 2008 Farm Bill. The amendments will become effective after a final rule is issued in the Federal Register. (AMS news release, dated 01/25/10, available at http://www.ams.usda.gov/AMSv1.0/ams.fetchTemplateData.do?template=TemplateU&navID=&page=Newsroom&resultType=Details&dDocName=STELPRDC5082064&dID=125808&wf=false&description=USDAAnnouncesResultsofReferendumonAmendmentstotheCottonResearchandPromotionOrder&topNav=Newsroom&leftNav=&rightNav1=&rightNav2)
4. WTO Panel Rules Against U.S. Use of AD "Zeroing" in Retail Carrier Bag Dispute
A World Trade Organization dispute panel issued its report on January 22, 2010 on a complaint by Thailand on "U.S. - Antidumping measures on polythene retail carrier bags from Thailand" (DS383). The report concluded that the U.S. acted inconsistently with the AD Agreement by using "zeroing" in the Final Determination, as amended, and the Order to determine the dumping margins for individually investigated Thai exporters whose margins of dumping were not based on total facts available. (News release, dated 01/22/10, available at http://www.wto.org/english/news_e/news10_e/383r_e.htm)
5. IPPC Approves New Topics for ISPMs, Including Those That Would Affect Trade
The International Plant Protection Convention's Commission on Phytosanitary Measures has approved the following topics that relate to international transport and storage, for new International Standards for Phytosanitary Measures (ISPMs). These draft specifications will be open for member consultation until February 13, 2010:
Minimizing pest movement by sea containers and conveyances in international trade
Minimizing the risk of quarantine pests associated with stored products
(Draft specifications, posted 01/21/10, available at https://www.ippc.int/index.php?id=190935&tx_publication_pi1%5bshowUid%5d=217078&frompage=190935&typepublication&L=0item)
6. CBP Records Sony Ericsson Trade Name
U.S. Customs and Border Protection has announced that "Sony Ericsson Mobile Communications AB" has been recorded with CBP as a trade name by Sony Ericsson Mobile Communications AB. The trade name has been duly recorded with CBP and will remain in force as long as this trade name is in use by this manufacturer, unless the recordant requests cancellation of the recordation or any other provision of the law so requires. (FR Pub 01/25/10, available at http://edocket.access.gpo.gov/2010/pdf/2010-1280.pdf)
7. USTR Announces Designation of Assistant USTR for Small Business, Market Access, and Industrial Competitiveness
The Office of the U.S. Trade Representative has announced the designation of an Assistant USTR for Small Business, Market Access, and Industrial Competitiveness. The position will be filled by Jim Sanford, who will help ensure that USTR's trade policy efforts address the challenges facing smaller exporters and promotes the global export opportunities these businesses need to create jobs in the U.S. (Press release, dated 01/21/10, available at http://www.ustr.gov/about-us/press-office/press-releases/2010/january/ustr-announces-designation-assistant-united-states)
8. Virginia Company Pleads Guilty in Illegal Military Equipment Sales Case
U.S. Immigration and Customs Enforcement is announcing that Taipan Enterprises Ltd., based in Arlington, Va., has pled guilty to illegally brokering the sale of arms to Yemen, Chile, Libya and Vietnam without registering and obtaining a license to sell items listed on the USML, following an investigation by ICE and other federal agencies. The company was immediately sentenced to pay a $15,000 fine. (News release, dated 01/22/10, available at http://www.ice.gov/pi/nr/1001/100122alexandria.htm)
9. DOE Submits Final Rule to OMB on Building Energy Use Guidance
The Energy Department has asked the Office of Management and Budget to approve its final rule entitled "Building Energy Use Benchmarking Guidance." (Rule, received 01/15/10, available at 02-02