Miscellaneous International Trade Notices

1. CIT Rules Against Further Proceedings on Express Consignment CHB & Responsible Supervision, Control

The Court of International Tradehasruled against further proceedingson an Appeal Court'sruling that invalidateda CIT decision thatUPS Customhouse Brokerage violated 19 USC 1641 by not exercising responsible supervision and control.The CAFC had ruled thatCustoms was required toconsider all 10 factors listed in 19 CFR 111.1 as a prerequisite. The CIT also ruled that a discretionary remand to Customs would be inappropriate. (U.S. v. UPS Customshouse Brokerage, Inc., Slip Op. 10-11, dated 01/28/10, available at http://www.cit.uscourts.gov/slip_op/Slip_op10/Slip%20Op%2010-11.pdf)

2. USDA Allocates Over $200 Million to Promote U.S. Food and Ag Exports

USDA Secretary Vilsack has announced the allocation of $234.5 million to 70 U.S. trade organizations to help promote American food and agricultural products overseas. The funding was allocated under the Market Access Program (MAP) and the Foreign Market Development (FMD) Cooperator Program, both administered by USDA's Foreign Agricultural Service. (News release, dated 01/26/10, available at http://www.fas.usda.gov/scriptsw/PressRelease/pressrel_dout.asp?Entry=valid&PrNum=0027-10)

3. China Approves New Standard to Limit Harmful Substances in Toy Coatings

The Standardization Administration of the People's Republic of China (SAC) has approved a new national standard (GB 24613-2009) to limit harmful substances in toy coatings. The new standard, which was initiated by the China Petroleum and Chemical Industry Association, takes effect October 1, 2010 and limits the amount of lead, phthalates and other substances in toy coatings. (Standard is currently only available in Chinese.) (Standard, available at http://members.wto.org/crnattachments/2008/tbt/chn/08_3106_00_x.pdf)

4. USTR Invites Applications to Serve on FTA Dispute Settlement Panels

The Office of the United States Trade Representative has issued an invitation for applications for interested persons to apply to be on one or more rosters to serve on dispute settlement panels to hear disputes under various free trade agreements. These agreements include the U.S.-Chile Free Trade Agreement, the Dominican Republic-Central America-U.S. Free Trade Agreement (CAFTA-DR), the North American Free Trade Agreement (NAFTA), and the U.S.-Peru Trade Promotion Agreement. Applications should be received no later than March 15, 2010 to be assured of consideration. (FR Pub 01/28/10, available at http://edocket.access.gpo.gov/2010/pdf/2010-1778.pdf)

5. USDA, FDA Announce Feb. 8th Meeting on Food Additives Codex

The U.S. Department of Agriculture and the Food and Drug Administration are sponsoring a public meeting on February 8, 2010 in College Park, MD. The objective of the public meeting is to provide information and receive public comments on agenda items and draft U.S. positions that will be discussed at the 42nd Session of the Codex Committee on Food Additives of the Codex Alimentarius Commission, which will be held in Beijing, China March 15-19, 2010. (D/N FSiS-2009-0040, FR Pub 01/28/10, available at http://edocket.access.gpo.gov/2010/pdf/2010-1666.pdf)

6. Treasury Announces Conclusion of Tax Treaty Negotiations with Chile

On January 26, 2010, the U.S. Department of the Treasury announced the conclusion of the negotiation of a comprehensive bilateral income tax treaty with Chile. The new tax treaty would provide certainty and stability of tax treatment for U.S. and Chilean cross-border investors. (Press release, dated 01/26/10, available at http://www.treasury.gov/press/releases/tg513.htm)

7. DOE Requests Comments on Massachusetts Petition for Exemption from Gas Furnace Standard

The Department of Energy announces the filing of the Commonwealth of Massachusetts Petition for Exemption from Federal Preemption of Massachusetts' 90% Annual Fuel Utilization Efficiency Standard for Non-weatherized Gas Furnaces. Comments, data, and information are due by March 26, 2010. (D/N EERE-BT-PET-0024, FR Pub 01/28/10, available at http://edocket.access.gpo.gov/2010/pdf/2010-1749.pdf)

8. DOE Requests Comments on Petition for Test Procedure Waiver for Refrigerators

DOE is publishing the Electrolux Home Products, Inc. petition for waiver from specified portions of the DOE test procedure for determining the energy consumption of electric refrigerators and refrigerator-freezers. DOE is also publishing notice of the grant of an interim waiver to Electrolux. DOE solicits comments, data, and information concerning Electrolux's Petition and the suggested alternate test procedure by March 1, 2010. (FR Pub 01/28/10, available at http://edocket.access.gpo.gov/2010/pdf/2010-1756.pdf)

9. China Discovers 3 Companies Selling Melamine-Tainted Dairy Products

China's People's Daily reports that three companies in China have been found selling milk products tainted with melamine. These include a batch of products produced by the Shandong Zibo Lusaier Dairy Company Ltd on April 25, 2009; a batch of popsicles produced by the Liaoning Tieling Wuzhou Food Company Ltd on April 9, 2009; and a batch of popsicles produced by the Laoting Kaida Refrigeration Plant at Tangshan, Hebei province on March 19, 2009. This follows the China's 2008 food scandal, when the chemical melamine was found in the milk products of 22 dairy companies around the country. (Notice, dated 01/25/10, available at http://english.people.com.cn/90001/90778/90860/6878187.html)

10. European Chemicals Agency Cmte. Agrees to New Classifications for 3 Chemicals

On January 28, 2010, the European Chemicals Agency's Committee for Risk Assessment (RAC) adopted opinions on the proposals for classification and labeling across Europe of three chemical substances as carcinogen, mutagen or toxic for reproduction. The RAC agreed with proposals that Indium phosphide (used as a semiconductor in the electronics industry) be classified as a carcinogen and toxic for reproduction; Di-tert-butyl peroxide (DTBP, used as an additive in polymerization reactions) be classified as a mutagen; and Trixylyl phosphate (used mainly as a fire-resistant hydraulic fluid) be classified as toxic for reproduction. ECHA will soon publish details of the RAC's adopted opinions. (News release, dated 01/28/10, available at http://echa.europa.eu/doc/press/na_10_02_rac_20100128.pdf)

11. EC Proposes Add'l Out-of-Quota Export of Sugar Due to Global Sugar Deficit

On January 28, 2010, the European Commission will submit to the Management Committee a draft Regulation allowing the export of an additional 500,000 tons of out-of-quota sugar in the 2009/2010 marketing year (to July 31, 2010) due to a global sugar deficit. (Press release, dated 01/27/10, available at http://europa.eu/rapid/pressReleasesAction.do?reference=IP/10/59&format=HTML&aged=0&language=EN&guiLanguage=en)

12. OMB Approves BIS Final Rule on License Exceptions for International Space Station Items

The Office of Management and Budget has approved a Bureau of Industry and Security final rule to revise an existing license exception in order to provide a new authorization for exports and reexports of items subject to the EAR, when those items are intended for use on the International Space Station (ISS). Certain terms and conditions that must be complied under this exception. (Rule, completed 01/26/10, available at http://www.reginfo.gov/public/do/eAgendaViewRule?pubId=200910&RIN=0694-AE52)

13. OMB Approves BIS Final Rule Regarding PPQ Select Agents and Toxins

The Office of Management and Budget has approved a final rule from the Bureau of Industry and Security to amend Export Control Classification Number (ECCN) 1C360 on the Commerce Control List to reflect recent changes made to the list of Plant Protection and Quarantine select agents and toxins regulated by the Animal and Plant Health Inspection Service. (Rule, completed 01/26/10, http://www.reginfo.gov/public/do/eAgendaViewRule?pubId=200910&RIN=0694-AE67)

14. FDA Posts Enforcement Report for January 27th

The Food and Drug Administration has posted its Enforcement Report for January 27, 2010. The report contains information on actions taken in connection with agency regulatory activities. (Report, posted 01/27/10, available at http://www.fda.gov/Safety/Recalls/EnforcementReports/ucm199063.htm)

15. WCO Announces Fiji Accedes to Revised Kyoto Convention

The World Customs Organization has received the instrument of accession to the International Convention on the Simplification and Harmonization of Customs Procedures (revised Kyoto Convention) from the Republic of the Fiji Islands. The Convention is regarded as a blueprint for effective and modern Customs procedures. (Press release, dated 01/27/10, available at http://www.wcoomd.org/press/default.aspx?lid=1&id=206)

16. World Economic Forum Participants Discuss Ways to Spur Global Growth

During the first few days of the World Economic Forum's annual meeting (taking place January 27-31, 2010), participants discussed the role of the G20, how business can help Haiti in the aftermath of the earthquake, ways to spur global economic growth, and how emerging economies have caused a shift in economic growth. (Information, posted 01/28/10, available at http://www.weforum.org/en/index.htm)

17. CPSC Lists Voluntary Recalls

The Consumer Product Safety Commission has published notice of the following voluntary recalls:

(CPSC recalls available at http://www.cpsc.gov/cpscpub/prerel/prereljan10.html)

18. FAS Global Agriculture Information Network Report

The Foreign Agriculture Service issued the following GAIN report:

Peru - Grain and Feed Annual

19. Revised FDA Import Alert

The Food and Drug Administration has posted a revised version of the following Import Alert on the detention without physical examination of:

45-02: Foods Containing Illegal and/or Undeclared Colors