Miscellaneous International Trade Notices

1. USTR Announces New U.S. Agricultural Proposal at Doha Mini-Ministerial, Etc.

2. Block Burmese JADE Act Cleared for the President

On July 22, 2008, the Senate concurred in the amendments of the House to the amendments of the Senate to H.R. 3890, to amend the Burmese Freedom and Democracy Act of 2003 to impose import sanctions on Burmese gemstones, expand the number of individuals against whom the visa ban is applicable, expand the blocking of assets and other prohibited activities, clearing the measure for the President. See future issue of ITT for additional details on H.R. 3890.(Congressional Record, dated 07/22/08, available at http://thomas.loc.gov/cgi-bin/query/B?r110:@FIELD(FLD003d)@FIELD(DDATE20080722)

3. President's Message to Senate on Export of Equipment to China

The Senate received a message from the President regarding the transmission of certification that the export of certain materials and equipment for production of nutritional supplements is not detrimental to the U.S. space launch industry and will not measurably improve missile or space launch capabilities of China, which was referred to the Senate Committee on Foreign Relations. (Congressional Record, dated 07/22/08, available at http://thomas.loc.gov/cgi-bin/query/B?r110:@FIELD(FLD003d)@FIELD(DDATE20080722)

4. House Committee Reports Radiation Screening Bill

The House Homeland Security Committee reported H.R. 5531, to amend the Homeland Security Act of 2002 to clarify criteria for certification relating to advanced spectroscopic portal monitors, with amendments (H. Rept. 110-764). (Congressional Record, dated 07/22/08, available at http://thomas.loc.gov/cgi-bin/query/B?r110:@FIELD(FLD003d)@FIELD(DDATE20080722)

5. CBP Miami Bulletin on Termination of Stamping Cut Flower Invoices

CBP's Port of Miami issued an Information Bulletin stating that effective immediately, the Miami Service Port will terminate the routine stamping of all commercial invoices for cut flower shipments which are considered to be free of infestation or plant pest. (Bulletin no. 08-030 available via email by sending a request to documents@brokerpower.com.)

6. CBP Chicago Pipeline on Requiring Terminal Operators to Operate Electronically

CBP's Port of Chicago issued a Pipeline entitled, "Notice Requiring Terminal Operators to Operate Electronically, Preferably Using the Automated Manifest System (AMS)." (Pipeline 08-28 available via email by sending a request to documents@brokerpower.com)

7. CBP Chicago Pipeline on Completing ATF Form 6A

CBP's Port of Chicago issued a Pipeline to remind federally licensed and/or registered importers and their entry filers of the procedures to follow when completing ATF Form 6A, "Release and Receipt of Imported Firearms, Ammunition, and Implements of War," as outlined in 27 CFR 478.112 and on the instruction page of the form. (Pipeline 08-25 available via email by sending a request to documents@brokerpower.com.)

8. FDA Small Entity Compliance Guide for White Chocolate

The Food and Drug Administration is announcing the availability of a small entity compliance guide (SECG) for a final rule published in the October 4, 2002 Federal Register. This SECG entitled "Standard of Identity for White Chocolate" is intended to set forth, in plain language, the requirements of the regulation and to help small businesses understand the regulation. (FDA notice, D/N FDA-2008-N-0361, FR Pub 07/17/08, available at http://edocket.access.gpo.gov/2008/pdf/E8-16394.pdf.)

9. FSIS to Make Names/Locations of Retail Consignees of Meat/Poultry Product Recalls Available

The Food Safety and Inspection Service issued a final rule, effective August 18, 2008, amending the Federal meat and poultry products inspection regulations to provide that FSIS will make available to the public the names and locations of the retail consignees of meat and poultry products that have been recalled by a federally-inspected meat or poultry establishment if the recalled product has been distributed to the retail level. This rule will apply only where there is a reasonable probability that the use of the recalled product will cause serious adverse health consequences or death (Class I recalls). (FSIS notice, D/N FSIS-2005-0028, FR Pub 07/17/08, available at http://edocket.access.gpo.gov/2008/pdf/E8-16221.pdf.)

10. ITA's Manufacturing Council Meeting

The International Trade Administration announced that the Manufacturing Council is scheduled to hold a meeting to discuss the Sustainable Manufacturing Initiative and the Manufacturing 2040 project on July 23, 2008 in Washington, DC. (ITA notice, FR Pub 07/17/08, available at http://edocket.access.gpo.gov/2008/pdf/E8-16284.pdf.)

11. EPA Lays Groundwork for Technologies to Help Mitigate Climate Change

The Environmental Protection Agency is proposing a rule that supports promising technologies to prevent industrial emissions of carbon dioxide. EPA's proposed regulation creates a consistent, national framework for the injection of carbon dioxide underground and protection of underground drinking water resources. The rule would create a new class of injection wells under the authority of the Safe Drinking Water Act's Underground Injection Control (UIC) program. (EPA press release, dated 07/15/08, available at http://yosemite.epa.gov/opa/admpress.nsf/bd4379a92ceceeac8525735900400c27/d35b72dfe481043b85257487005e47cd!OpenDocument.)

12. ITC Says Industrial Biotechnology Activity on the Rise in U.S.

The ITC released its report, "Industrial Biotechnology: Development and Adoption by the U.S. Chemical and Biofuel Industries," which found that industrial biotechnology activity is on the rise in U.S. chemical and biofuel industries. (ITC press release 08-070, dated 07/15/08, available at http://www.usitc.gov/ext_relations/news_release/2008/er0715ff2.htm.)

13. EU Promotes Sustainable Products and Technologies

The European Commission recently put forward a package with core objectives of improving the environmental performance and in particular the energy efficiency of products and stimulating their market uptake. It sets out a series of voluntary and obligatory actions to support a coherent and dynamic policy in the EU and internationally, helping to define eco-friendly products, informing the consumer through improved labeling and supporting their purchase through public procurement and fiscal incentives. (EC press release, dated 07/16/08, available at http://europa.eu/rapid/pressReleasesAction.do?reference=IP/08/1154&format=HTML&aged=0&language=EN&guiLanguage=en.)

14. State Dept Announces Designation of Iranian Individuals, Entity

The State Department announced that pursuant to the authority in section 1(ii) of Executive Order 13382, "Blocking Property of Weapons of Mass Destruction Proliferators and Their Supporters," the Acting Under Secretary of State for Arms Control and International Security, in consultation with the Secretary of the Treasury and the Attorney General, has determined that two Iranian individuals and one entity, namely Rahim Safavi, Mohsen Fakhrizadeh and the TAMAS Company, have engaged, or attempted to engage, in activities or transactions that have materially contributed to, or pose a risk of materially contributing to, the proliferation of weapons of mass destruction or their means of delivery. (Public Notice 6301, FR Pub 07/21/08, available at http://edocket.access.gpo.gov/2008/pdf/E8-16621.pdf)

15. APHIS Avian Flu Determination for Denmark, France

The Animal and Plant Health Inspection Service is advising the public of its determination that the importation of live birds, poultry carcasses, parts or products of poultry carcasses, and eggs (other than hatching eggs), of poultry, game birds, and other birds from either Denmark or France presents a low risk of introducing the high pathogenic avian influenza (HPAI) subtype H5N1 into the U.S. (D/N APHIS-2008-0012, FR Pub 07/21/08, available at http://edocket.access.gpo.gov/2008/pdf/E8-16586.pdf)

16. Boulder Company Charged for "Trading with the Enemy"

Immigration and Customs Enforcement (ICE) reports that Platte River Associates, a company based in Boulder, Colo., was charged for trading with the enemy. The president of Platte River Associates, Jay Leonard, was also charged in a separate Criminal Information in a different case for unauthorized access of a protected computer. In October 2000, the defendant corporation allegedly provided specialized technical computer software and training to create a model for potentially exploring and developing oil and gas within Cuba's territorial waters without obtaining a required license. (ICE, dated 07/15/08, available at http://www.ice.gov/pi/nr/0807/080715denver.htm)

17. CA Firm Sentenced in Arms Export Case, Search for Its VP Continues

The Justice Department reports that Air Shunt Instruments Inc., a California aircraft components company, has been sentenced to pay a criminal fine of $250,000 for false statements related to an export of military technology, while agents intensify their search for the company's Vice President for International Sales, who is a fugitive and has been indicted for numerous illegal exports of military items to the United Arab Emirates and Thailand. (Justice Department press release, dated 07/17/08, available at http://www.justice.gov/opa/pr/2008/July/08-nsd-623.html)

18. Canada New Food Labeling and Advertising Advisory

The Canadian Food Inspection Agency issued an industry advisory regarding Canada's new guidelines defining "Product of Canada" and "Made in Canada" on food labels and advertising. (CFIA, updated 07/15/08, available at http://www.inspection.gc.ca/english/fssa/labeti/inform/prodcane.shtml)

19. Canada Updates Its Handbook on Export/Import Commodity Codes

According to Foreign Affairs and International Trade Canada, Canada has updated its handbook entitled Handbook of Export and Import Commodity Codes - 2008. (Handbook, updated 07/18/08, available at http://www.international.gc.ca/eicb/general/Bluebook/Handbook-en.asp)

20. Canada Notice of Consultations on the Special Agricultural Safeguard

According to the Canada Gazette, the Government of Canada recently announced that it would fully operationalize the special agricultural safeguard for supply-managed products, available to WTO members under the WTO Agreement on Agriculture. In keeping with this announcement, Agriculture and Agri-Food Canada (AAFC) has calculated the 2008 price and volume trigger levels to be used for the operationalization of the safeguard. These triggers have been made available on AAFC's Web site (www.agr.gc.ca/itpd-dpci/technical/ssg_e.htm. (Canada Gazette, dated 07/19/08, available at http://canadagazette.gc.ca/partI/2008/20080719/html/notice-e.htmld108)

21. Canadian International Trade Tribunal Decision on Hardware, Software

The Canada Gazette is giving notice that, after completing its inquiry, the Canadian International Trade Tribunal made a determination on July 10, 2008, with respect to complaints filed by NETGEAR, Inc., of Santa Clara, California, under subsection 30.11(1) of the Canadian International Trade Tribunal Act, R.S.C. 1985 (4th Supp.), c. 47, concerning procurements. The solicitations were for networking equipment. Netgear alleged that PWGSC improperly conducted the above-noted solicitations. Having examined the evidence presented by the parties and considered the provisions of the North American Free Trade Agreement, the Tribunal determined that the complaints were not valid. (Canada Gazette, dated 07/19/08, available at http://canadagazette.gc.ca/partI/2008/20080719/html/commis-e.htmlf107)