Miscellaneous International Trade Notices

1. Commissioner Basham Announces His Resignation from CBP at End of February

2. Federal Register Publication of CPSC Interim Final Rule Exempting Certain Components in Children's Electronic Devices from CPSIA Lead Content Limits

The Consumer Product Safety Commission's interim final rule, effective February 10, 2009, which exempts certain components of children's electronic devices from the lead content limits of the Consumer Product Safety Improvement Act of 2008 (CPSIA), has been published in the February 12, 2009 Federal Register. CPSC has also issued a notice withdrawing its January 15, 2009 proposed rule on the topic as the interim final rule replaces it. See future issue of ITT for detailed summary and see ITT's Online Archives or 02/10/09 news, 09021005, for details of CPSC's lead content enforcement policy which discusses the exemption for certain electronic device components.(CPSC interim final rule, FR Pub 02/12/09, available at http://edocket.access.gpo.gov/2009/pdf/E9-3025.pdf; CPSC withdrawal notice, FR Pub 02/12/09, available at http://edocket.access.gpo.gov/2009/pdf/E9-3024.pdf)

3. House, Senate Negotiators Reach Agreement on Conference Version of Economic Stimulus Bill

On February 11, 2009, the House and Senate negotiators reached agreement on a conference version of H.R. 1, the American Recovery and Reinvestment Act of 2009 (Economic Stimulus Bill). The House may vote on the H.R. 1 conference report on February 12, 2009. (White House statement, dated 02/11/09, available at http://www.whitehouse.gov/the_press_office/StatementonRecoveryandReinvestmentActAgreement/.)

4. CPSC Issues Guidance on CPSIA for Small Businesses, Resellers, Crafters, Charities

The Consumer Product Safety Commission has issued guidance for small businesses, resellers, crafters and charities affected by the Consumer Product Safety Improvement Act of 2008. According to CPSC, the guidance addresses some of the more frequently asked questions that many small manufacturers, shop owners and consignment/thrift store owners have asked about the CPSIA. (CPSC guidance available at http://www.cpsc.gov/about/cpsia/smbus/cpsiasbguide.html)

5. Peru, U.S. Required to Provide Certain Reciprocal Govt. Procurement Opportunities

The Office of the U.S. Trade Representative has issued a determination regarding the waiver of discriminatory purchasing requirements with respect to goods and services covered by chapter nine of the U.S.-Peru Trade Promotion Agreement on government procurement. Effective February 1, 2009, eligible products and services of Peru must be accorded treatment that is no less favorable than that accorded U.S. products/services or eligible products/services of foreign parties to the Agreement on Government Procurement; Peru must provide appropriate reciprocal competitive government procurement opportunities to U.S. products and suppliers of such products, etc. (USTR notice, FR Pub 01/23/09, available at http://edocket.access.gpo.gov/2009/pdf/E9-1451.pdf)

6. OFAC Blocks Additional Entity Due to Terrorism Concerns

The Office of Foreign Assets Control is publishing the name of one newly designated entity, the Free Life Party of Kurdistan, whose property and interests in property are blocked effective February 4, 2009, pursuant to Executive Order 13224 on Terrorism. (FR Pub, 02/11/09, available at http://edocket.access.gpo.gov/2009/pdf/E9-2819.pdf)

7. AES Broadcast on BIS' Annual Export Control Forum in CA

The Census Bureau has issued an Automated Export System broadcast announcing that the Bureau of Industry and Security will conduct the fourth annual Export Control Forum in Newport Beach, CA on March 16, 2009. This forum is a full-day program designed to cover recent developments in export control regulations and policies. (Broadcast 2009009, dated 02/10/09, available at http://www.census.gov/foreign-trade/aes/documentlibrary/broadcasts/2009009.html)

8. California Man Sentenced for Scheme to Defraud FIB, Ex-Im Bank

According to the Justice Department, Carlos Serrano of Glendale, California, was sentenced to 18 months in a community correctional facility in connection with a $1.3 million scheme to defraud the First International Bank of Connecticut (FIB) and the Export-Import Bank of the United States (Ex-Im Bank). This case is part of a broader investigation into an $80 million scheme to defraud the Ex-Im Bank between November 1999 and December 2005. To date, eight individuals have been convicted for their involvement in the fraud scheme. (Justice department news release, dated 02/10/09, available at http://www.justice.gov/opa/pr/2009/February/09-crm-104.html)

9. Pharmaceutical Company Owner, Co-Conspirators Sentenced for Scheme to Manufacture, Import Counterfeit Drugs

The Justice Department reports that a federal judge has sentenced Jared Wheat of Alpharetta, Georgia, to over four years in federal prison and assessed a $3 million forfeiture for being the mastermind of a criminal scheme to manufacture and import adulterated and unauthorized pharmaceutical products, to include illegal knock-offs of Viagra, Ambien, Lipitor, Celebrex, Xanax, Vioxx, and Zoloft. Wheat is the sole owner of Hi-Tech Pharmaceuticals, a Norcross-based manufacturer and seller of herbal products that allegedly enhance sex drive, encourage weight loss, etc. Wheat's co-conspirators were also sentenced. (Justice department news release, dated 02/03/09, available at http://www.usdoj.gov/usao/gan/press/2009/02-03-09b.pdf)

10. Treasury Targets Financial Network of Fernando Zevallos Gonzales

The Treasury Department has issued a news release announcing that the Office of Foreign Assets Control designated 26 companies and 14 individuals tied to Peruvian drug kingpin Fernando Zevallos Gonzales. This financial network, based in Peru, Panama and the British Virgin Islands, is now subject to financial sanctions pursuant to the Foreign Narcotics Kingpin Designation Act. OFAC also updated its Specially Designated Nationals (SDN) list. (Treasury department press release, dated 02/10/09, available at http://www.treas.gov/press/releases/tg19.htm)

11. FMC Lists OTI Applications

The Federal Maritime Commission (FMC) has issued a notice that lists those applying for Ocean Transportation Intermediary (OTI) licenses as a non-vessel-operating common carrier (NVOCC), ocean freight forwarder (FF) or NVOCC/FF OTI, as follows:

FMC notice (FR Pub 01/14/09) available at http://edocket.access.gpo.gov/2009/pdf/E9-700.pdf