Miscellaneous International Trade Notices

1. FMC's February 10th Meeting to Consider Forwarder Tariff Publication Exemption

The Federal Maritime Commission has announced that it will hold an open meeting on February 10, 2010 in Washington, DC. Agenda topics include a FY 2010 budget status update, a petition from NCBFAA for exemption from mandatory rate tariff publication, etc. (Notice, posted 02/02/10, available at http://www.fmc.gov/home/February102010Meeting.asp)

2. WTO Introduces Interactive Tariff Analysis Tool

The World Trade Organization has added a new interactive service "Tariff Analysis Online." The new service draws on two WTO databases, the Integrated Database (IDB) of tariff and import data, and the Consolidated Tariff Schedules, which contains WTO members' commitments on tariffs and agricultural subsidies. It provides users with flexible search criteria and produces a range of analytical reports which users can manipulate, download and print. (Notice, dated 02/03/10, available at http://www.wto.org/english/news_e/news10_e/tar_03feb10_e.htm)

3. Commerce Secretary Announces Cabinet Level Trade Mission to China

Secretary of Commerce Locke, in remarks at the U.S.-China Business Council's Annual Forecast Conference in Washington, D.C., has announced that he will lead a Cabinet Level Trade Mission to China on May 15-25, 2010. He also discussed recent trade and IPR successes with China. (Press release, dated 01/28/10, available at http://www.commerce.gov/NewsRoom/SecretarySpeeches/PROD01_008857)

4. USTR Comments on List of U.S. Auto Models That Qualify for Japan's Cash for Clunkers Program

USTR Kirk issued a brief statement in response to Japan's release of the list of a limited number of U.S. autos models that qualify under its Eco-friendly Vehicle Purchase Program (Japan's version of "cash-for-clunkers"). On January 19, Japan announced changes that opened opportunities for autos imported using the PHP import certification process to qualify for its program. Japan released the list of U.S. autos models that qualify. Japan's decision to use EPA "city" mileage ratings instead of EPA "combined city/highway" mileage ratings as the basis for determining eligibility limited the number of U.S. models that actually will qualify under the program. (Press release, dated 02/03/10, available at http://www.ustr.gov/about-us/press-office/press-releases/2010/february/kirk-comments-release-list-us-autos-models-qualif)

5. USTR Comments on Recent Anti-Counterfeiting Agreement Negotiations

The Office of the U.S. Trade Representative has announced that the 7th round of negotiations on the proposed Anti-Counterfeiting Trade Agreement was recently completed. At the meeting, participants underlined the importance of ACTA as an agreement which shall provide for an enhanced framework to fight global infringement of intellectual property rights, particularly in the context of counterfeiting and piracy. (Press release, dated 02/02/10, available at http://www.ustr.gov/about-us/press-office/press-releases/2010/february/-office-us-trade-representative-releases-statemen)

6. FDA Identifies Food Safety as Top Initiative in Obama's FY 2011 Proposed Budget

The Food and Drug Administration has identified four top initiatives in the President's FY 2011 budget proposal for the FDA. One is the Transforming Food Safety Initiative, where FDA would strengthen its import safety program, improve data collection and risk analysis, and begin to establish an integrated national food safety system. The other top initiatives involve tobacco, patient protection, and advancing regulatory science. (News release, 02/01/10, available at http://www.fda.gov/NewsEvents/Newsroom/PressAnnouncements/ucm199516.htm)

7. USDA Secretary Appoints National Pork Producers Delegate Body

USDA Secretary Vilsack has announced the appointment of 154 pork producers and 6 importers to the 2010 National Pork Producers Delegate Body. All appointees will serve a one-year term and were selected from nominees submitted by state pork producer association and importer groups. (News release, dated 01/28/10, available at http://www.ams.usda.gov/AMSv1.0/ams.fetchTemplateData.do?template=TemplateU&navID=&page=Newsroom&resultType=Details&dDocName=STELPRDC5082234&dID=126112&wf=false&description=SecretaryVilsackAppointsNationalPorkProducersDelegateBody&topNav=Newsroom)

8. DHS Final Rules Exempt Portions of ATS Records, CBP Border Crossing Info from Privacy Act

The Department of Homeland Security has issued two final rules, effective February 3, 2010, to amend its regulations to exempt from certain provisions of the Privacy Act certain portions of DHS/Customs and Border Protection (CBP) systems of records entitled: (i) "DHS/CBP - 006 Automated Targeting System of Records"; and (ii) "DHS/CBP U.S. -007 Border Crossing Information System of Records." (D/N DHS-2009-0055, FR Pub 02/03/10, available at http://edocket.access.gpo.gov/2010/pdf/2010-2201.pdf and D/N DHS-2009-0052, FR Pub 02/03/10, available at http://edocket.access.gpo.gov/2010/pdf/2010-2200.pdf)

9. DOJ Reports Two Californians Found Guilty of Importing and Distributing Counterfeit DVDs

The Justice Department reports that a jury returned guilty verdicts on 15 counts against Karen Jean Freyling, 47, and 15 counts against Steven Walter Butts, 62, of Turlock, CA, related to their operation of a major Internet-based DVD importation and distribution business. The charges included conspiracy; importing goods into the U.S. by means of false statements; smuggling; trafficking in counterfeit labels, documentation, or packaging; etc. (Press release, dated 01/29/10, available at http://www.justice.gov/criminal/cybercrime/freylingGuil.pdf)

10. EPA Proposes TSCA Significant New Use Rule for Certain Nanotubes

The Environmental Protection Agency is proposing a significant new use rule (SNUR) under the Toxic Substances Control Act for the chemical substance identified generically as multi-walled carbon nanotubes (P08199). This action would require persons who intend to manufacture, import, or process the substance for an activity that is designated as a significant new use by this proposed rule to notify EPA at least 90 days before commencing that activity. EPA would then have the opportunity to evaluate the intended use and, if necessary, to prohibit or limit that activity before it occurs. Comments on the proposed rule are due by March 5, 2010. (FR Pub 02/03/10, available at http://edocket.access.gpo.gov/2010/pdf/2010-2256.pdf)

11. CPSC to Hold Open Meeting February 10th on Unblockable Drains

The Consumer Product Safety Commission has announced it will hold an open meeting on February 10, 2010 on unblockable drains as well as minimum state requirements for grants and public accommodations for such drains, pursuant to the Virginia Graeme Baker Pool and Spa Safety Act. (Notice, posted 02/03/10, available at http://www.cpsc.gov/calendar.html)

12. DDTC Posts Additional Upload Instructions for D-Trade 2 License System

The Directorate of Defense Trade Controls has posted a document entitled, "D-Trade 2 Document Upload Instructions for Licenses, Addition," which contains additional instructions for applicants on the upload of documents to the D-Trade 2 system for licenses. (Instructions, posted 02/02/10, available at http://www.pmddtc.state.gov/DTRADE/documents/DT2-Doc-Uploads.pdf)

13. FSIS Updates Lists of Canada, Germany, New Zealand, Mexico and Poland Establishments Eligible to Export Meat & Poultry

The Food Safety and Inspection Service has issued updated (January 28, 2010 - February 2, 2010) versions of its lists of Canada, Germany, New Zealand, Mexicoand Polandestablishments eligible to export meat and poultry to the U.S.

14. Fresh Fruits and Vegetables Import PPQ Manual Updated

On February 1, 2010, APHIS updated its Fresh Fruits and Vegetables Import PPQ Manual. The manual lists by country fruits and vegetables that are admissible into the United States. It includes a description of methods for sampling and inspecting selected fruits and vegetables. It also contains pictorial identification guides, and a glossary for common and scientific names of fruits and vegetables. (Manual, updated 02/01/10, available at http://www.aphis.usda.gov/import_export/plants/manuals/ports/downloads/fv.pdf)

15. APHIS Animal Product PPQ Manual Updated

On February 1, 2010, APHIS updated its Plant Protection and Quarantine (PPQ) Animal Product Manual. This Manual provides the background, procedures, and regulatory actions to enforce the regulations governing the import and export of animals, animal products, and animal by-products. (Manual, updated 02/01/10, available at http://www.aphis.usda.gov/import_export/plants/manuals/ports/apm.shtml)

16. 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/prerelfeb10.html)

17. Updated FSIS List of CODEX Public Meetings

The Food Safety and Inspection Service has updated its list of upcoming Codex Committee public meetings in Washington, D.C., as follows:

Codex Committee on Food Additives (CCFA) Feb 8, 2010

Codex Committee on Methods of Analysis and Sampling (CCMAS) Feb 16, 2010

Codex Committee on General Principles (CCGP) Mar 23, 2010

Codex Committee on Contaminants in Food (CCCF) Mar 29, 2010

Codex Committee on Food Labeling (CCFL) Apr 7, 2010

18. FAS Global Agriculture Information Network Reports

The Foreign Agriculture Service issued the following GAIN reports:

Ukraine -Food Labeling Policy Update: Biotechnology

Turkey - TMO grain export tender result: Grain and Feed

Russian Federation - Russian Offical Data on Grain Crop 2009: Grain and Feed

Vietnam - Rice Price - Weekly: 2010

Netherlands - Retail Foods: Benelux Food Retail Market

Israel - Retail Foods: Retail Food Sector

Netherlands - Promoting the consumption of fresh fruit in the Netherlands: Fresh Deciduous Fruit

South Africa - Grain and Feed Update; Corn Quarterly Update

Vietnam - Rice Trade - Monthly: January - 2010

Thailand - Status of Government Tender Unclear: Grain and Feed

Thailand - Draft Regulation on Alcohol Graphic Warning Labeling: Trade Policy Monitoring

EU-27 - High Level Expert Group on Milk Prepares Future EU Dairy Policy: Dairy and Products

Senegal - Grain and Feed Annual: West Africa Rice Annual

India - Weekly Highlights and Hot Bites No. 4: Agriculture in the News

EU-27- EC animal disease eradication; control and monitoring program for 20: Livestock and Products

Austria - ConfirmedBSE Case in the Province Upper Austria: Livestock and Products

Venezuela - More funds for the food strategic reserve: Agricultural Situation

EU-27 - Temporarily duty suspension for cranberry juice concentrate: Fresh Fruit

EU-27 - EU export quota increased to 1,850,000 metric tons of refined sugar: Sugar

19. Revised FDA Import Alerts

The Food and Drug Administration has posted revised versions of the following Import Alerts on the detention without physical examination of:

99-04: Manufacturers of Low Acid Canned Foods and Acidified Foods

95-04: Laser Pointers, Laser Gunsights, Laser Levels, Laser Light Shows, Laser Pointer Key Chains & Similar Products That Fail to Comply with Applicable Performance Standards and Reporting Requirements

66-66: APIs That Appear to be Misbranded Under 502(f)(1) Because They Do Not Meet the Requirements for the Labeling Exemptions In 21 CFR 201.122

16-121: Processed Seafood Products Due to E. Coli

16-50: Molluscan Shellfish

16-47: Red Snapper from Thailand

16-31: Frozen Raw and Cooked Conchmeat

99-21: Food Products Containing Sulfites

99-19: Food Products Due to the Presence of Salmonella

99-08: Processed Foods for Pesticides

99-05: Raw Agricultural Products for Pesticides

80-04: Surgeon's and Patient Examination Gloves

66-41: Unapproved New Drugs Promoted In The U.S.

53-17: Cosmetics Due to Microbiological Contamination

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

21-07: Tamarind Products (Fresh and/or Processed) from All Shippers from All Countries Due to Filth

20-05: Fruit Juices and Fruit Juice Concentrates Due to Heavy Metal Contamination

16-118: Salted Jellyfish and Dried Squid from Hang Loong Marine Products, Hong Kong

16-105: Seafood and Seafood Products from Specific Manufacturers/Shippers Due to Decomposition and/or Histamines

16-100: Langostinos Due to the Presence of Staphylococcus Aureus and E. Coli/Coliforms

20. Updated List of Instructions and U.S. Plants for Exporting Meat and Poultry to Foreign Countries

FSIS has provided updated information for the export of U.S. meat and poultry to the following countries:

Mexico (Revised January 29, 2010)

European Union (Revised January 29, 2010)

21. FSIS Issues Notices for its Inspection Personnel and Public

FSIS has issued the following notices:

Notice 09-10 (February 2, 2010): Export Library Revisions for January 2010

Directive 9500.3 (February 2, 2010): Label Verification Procedure of Imported Products

22. Agency Seeks Comments on Information Collections

Various U.S. government agencies are seeking comments on the following information collections for which they have requested or intend to request Office of Management and Budget approval or extension of approval (see notices for specific details):

Agency Information Collection Comments Due

(Information collection notices are hyperlinked to agency name.)

23. CBP Cancels Customs Broker License With Prejudice

U.S. Customs and Border Protection is announcing that the following Customs broker license, as well as any and all permits, have been cancelled with prejudice:

(FR Pub 02/03/10 available at http://edocket.access.gpo.gov/2010/pdf/2010-2304.pdf)