On March 19, 2012 the following trade-related bill was introduced:
Brian Feito
Brian Feito is Managing Editor of International Trade Today, Export Compliance Daily and Trade Law Daily. A licensed customs broker who spent time at the Department of Commerce calculating antidumping and countervailing duties, Brian covers a wide range of subjects including customs and trade-facing product regulation, the courts, antidumping and countervailing duties and Mexico and the European Union. Brian is a graduate of the University of Florida and George Mason University. He joined the staff of Warren Communications News in 2012.
The Food and Drug Administration has issued a final rule amending the packaging and labeling control provisions of the current good manufacturing practice (CGMP) regulations for human and veterinary drug products. The final rule amends 21 CFR Part 211 by limiting the application of special control procedures for the use of cut labeling to immediate container labels, individual unit cartons, or multiunit cartons containing immediate containers that are not packaged in individual unit cartons.
Congressman Edward J. Markey (D-MA), a senior member of the House Energy and Commerce Committee, announced on March 19, 2012 that he sent three separate petitions to the Food and Drug Administration requesting the agency permanently remove regulatory approval for the use of bisphenol-A (BPA) in (i) infant formula and baby and toddler food packaging, (ii) small reusable household food and beverage containers, and (iii) canned food packaging, on the grounds that manufacturers have stopped using BPA in these products.
According to the International Trade Commission, a section 337 patent complaint on certain food waste disposers and components and packaging was filed on behalf of Emerson Electric Co. on March 16, 2012. The proposed respondent is:
On March 13, 2012 the Coast Guard denied a petition to amend the regulations concerning foreign-rebuilt determinations for vessels entitled to a coastwise trade endorsement. The Coast Guard denied the petition because, among other reasons, (i) a settled understanding of the regulation now exists due to court decisions, (ii) the proposal would result in onerous new requirements for any applicant seeking to have work done at a foreign shipyard, and (iii) the proposed amendments would make the Jones Act inconsistent with national treatment obligations of the General Agreement on Tariffs and Trade 1994.
The Census Bureau has issued AES Broadcast #2012021 as part of a new series of monthly educational broadcast messages on the Automated Export System. This month Census is highlighting AES error codes 256 (USPPI Postal Code Not Valid for State) and 628 (1st Unit of Measure Code / Schedule B/HTS Mismatch). The broadcast covers the reasons for these error messages and how to resolve them. Email documents@brokerpower.com for a copy of the March 18, 2012 broadcast.
U.S. Customs and Border Protection announced that on March 12, 2012 it began distributing the portion of the Continued Dumping and Subsidy Offset Act of 2000 (CDSOA, commonly referred to as the Byrd Amendment) funds1 that it did not disburse in April 2011 due to pending litigation. According to CBP, the distribution process will continue until each fiscal year from 2006 through 2010 has been completed. CBP states that, in the event that it does not ultimately prevail in the ongoing litigation, affected domestic producers may be required to return some or all of the funds they have received.
The Census Bureau has issued AES Broadcast #2012023 announcing that the Association of Small Business Development Centers (ASBDC) will host an Automated Export System (AES) Compliance Seminar and AESPcLink Workshops in Houston, Texas on April 3-4, 2012. Census experts will cover the filing requirements of the Foreign Trade Regulations (FTR), how to classify commodities by providing an understanding of the Schedule B classification requirements, and provide a thorough overview of the AES. The second day will offer a hands-on AESPcLink training Workshop. Email documents@brokerpower.com for a copy of the March 16, 2012 broadcast. Full details available here.
U.S. Customs and Border Protection has revised and expanded its 2005 “Guidance for Certificates of Reimbursement” for antidumping (AD) duties in order to provide updated information on protests, the option for paperless filing using ACE, and provide additional information regarding blanket certificates, related parties, deemed liquidations, and certificates for companion countervailing (CV) duties.
The Environmental Protection Agency has issued a proposed rule, that would amend 40 CFR Parts 260 and 261 to revise certain provisions on cathode ray tubes (CRTs) that are exported for reuse and recycling. The proposed changes include, among other things: (1) a definition for CRT exporter; (2) more detailed notification instructions for both broken (for recycling) and intact (for reuse) used CRTs; and (3) an annual reporting requirement for exporters of broken used CRTs for recycling. Comments on the proposed rule are due by May 14, 2012.