Miscellaneous International Trade Notices

1. District Court Preliminary Enjoins Parts of the LA/LB Clean Truck Program

The Port of Los Angeles states that the heart of program remains in place - Los Angeles can continue to ban dirty diesel trucks and collect fees from cargo owners to raise funds to finance the replacement of older trucks. The court has set the full trial date for December 15, 2009. (LA Port release (dated 04/29/09) at http://www.portoflosangeles.org/newsroom/2009_releases/news_042909_ctpruling.pdf )

2. DHS Secretary Congressional Testimony on H1N1 Flu Outbreak

On April 29, 2009, DHS Secretary Napolitano testified before the Senate Homeland Security and Governmental Affairs Committee on the recent outbreak of the H1N1 flu virus (also referred to as swine flu). Secretary Napolitano testified that at U.S. land ports of entry and airports, U.S. Customs and Border Protection is continuing to implement protocols to direct incoming travelers who appear sick to separate rooms where they can be evaluated by local public health professionals. Like the CBP, TSA has instituted protocols for passengers who may be exhibiting H1N1 flu symptoms. (Release, dated 04/29/09, available at http://www.dhs.gov/ynews/testimony/testimony_1241017177339.shtm)

3. USDA Says Swine Flu Should be Called H1N1

The U.S. Department of Agriculture states that the latest flu outbreak is called H1N1 and that connecting it to pigs is harmful on various fronts. The term "Swine Flu" erroneously connects the virus to pork consumption, a misconception which can harm the public and the U.S. pork industry. USDA stated again that H1N1 cannot be spread by consuming pork or pork products. (Notice, available at http://audioarchives.oc.usda.gov/radnewsdetail.asp?ID=20216)

4. EC Ban of Dimethylfumarate in Consumer Products Begins May 1st

The European Commission reports that on May 1, 2009, an EC decision comes into force to ensure that no consumer product containing dimethylfumarate (DMF) is placed on the market in the European Union (EU). If already on the market, these products will have to be recalled and withdrawn without delay, and consumers will have to be informed about the serious risk. This decision is an EU-wide emergency measure, pending the adoption of a more permanent regulatory solution. (DMF is used to kill molds during transportation or storage by placing it in sachets inside sofas, shoes, soft toys, etc.) (EC press release, dated 04/30/09, available at http://europa.eu/rapid/pressReleasesAction.do?reference=IP/09/676&format=HTML&aged=0&language=EN&guiLanguage=en)

5. WTO Panel Meeting on U.S.-EC Information Technology Dispute to Be Open for Public Viewing

The dispute settlement panel in the World Trade Organization dispute brought by the U.S. entitled, "European Communities and its Member States-tariff treatment of certain information technology products" (DS375), has agreed to make part of its meeting with the parties on May 12-14, 2009 open for public viewing at the WTO Headquarters in Geneva. (Notice, dated 04/29/09, available at http://www.wto.org/english/news_e/news09_e/hear_ds375_376_377_29apr09_e.htm)

6. Lamy Appointed to Second Term as WTO Director-General

On April 30, 2009, the World Trade Organization's General Council agreed to reappoint Pascal Lamy as WTO Director-General for a second term of four years from September 1, 2009. The unanimous decision followed Lamy's presentation on his vision for the WTO and a question-and-answer session held the day before. Lamy's presentation is available here.

7. USTR Does Not List Any Countries as Denying Access to Airport Projects

The U.S. Trade Representative has issued a notice announcing his determination not to list any countries as denying fair market opportunities for U.S. products, suppliers, or bidders in foreign government-funded airport construction projects. (FR Pub 04/30/09, available at http://edocket.access.gpo.gov/2009/pdf/E9-9899.pdf)

8. EPA Final Rule on 2009 Exemption Uses, Inventory Amounts for Methyl Bromide

The Environmental Protection Agency has issued a final rule, effective April 30, 2009, to authorize uses of methyl bromide that qualify for the 2009 critical use exemption and the amount of methyl bromide that may be produced, imported, or supplied from existing pre-phaseout inventory for those uses in 2009. (FR Pub 04/30/09, available at http://edocket.access.gpo.gov/2009/pdf/E9-9966.pdf)

9. APHIS Releases Cost-Benefit Analysis of National Animal ID System

The Animal and Plant Health Inspection Service has released the results of a comprehensive cost-benefit analysis on the National Animal Identification System (NAIS). (Release, dated 04/29/09, available at http://www.aphis.usda.gov/newsroom/content/2009/04/naisbca.shtml)

10. ITA Issues March 2009 Monthly Steel Fact Sheet

The International Trade Administration has issued its monthly steel fact sheet for March 2009. The preliminary data released show that overall steel imports in March 2009 decreased 5.30 percent from February 2009. (Fact Sheet, dated 04/29/09, available at http://www.trade.gov/press/press_releases/2009/steel_042909.asp)

11. BIS Announces May 14th Meeting of Materials Technical Committee

The Bureau of Industry and Security states that the Materials Technical Advisory Committee will hold a partially open meeting on May 14, 2009, in Washington, D.C. Agenda items include Chemical Weapons Convention/Biological Weapons Convention activities, the recent Australia Group Regime Technical Experts Meeting and the recent Missile Technology Control Regime Meeting, etc. (FR Pub 04/30/09, available at http://edocket.access.gpo.gov/2009/pdf/E9-9837.pdf)

12. FDA Compliance Guides for Arsenic, Uranium in Bottled Water

The Food and Drug Administration is announcing the availability of two compliance guides for industry, a ''Bottled Water: Uranium - Small Entity Compliance Guide'' for a 2003 direct final rule, a ''Bottled Water: Arsenic - Small Entity Compliance Guide'' for a 2005 final rule. (D/N FDA-2009-D-0195, FR Pub 04/30/09, available at http://edocket.access.gpo.gov/2009/pdf/E9-9870.pdf)

13. Lion Pavilion Recalls Seasoning Due to Ineligible Imported Material

The Food Safety and Inspection Service has announced that Lion Pavilion, Ltd., a Brooklyn, NY establishment, is recalling approximately 16,213 pounds of seasoning products, which contain cattle by-products, that were ineligible for import to the U.S. (Release, dated 04/29/09, available at http://www.fsis.usda.gov/News_&_Events/Recall_018_2009_Release/index.asp)

14. FTZB Receives Application for Expansion of Phoenix FTZ

The Foreign Trade Zone Board has received an application from the City of Phoenix, Arizona, grantee of FTZ 75, requesting authority to expand its zone project within the Phoenix Customs and Border Protection port of entry. (D/N 17-2009, FR Pub 04/30/09, available at http://edocket.access.gpo.gov/2009/pdf/E9-10002.pdf)

15. IPPC Asks for Member Comments on Building National Phytosanitary Capacity

The International Plant Protection Convention is asking its Members to submit comments by June 1, 2009 on a draft strategy for building national phytosanitary capacity. (Notice, dated 04/17/09, available at https://www.ippc.int/servlet/CDSServlet?status=ND0xMzM4MS4yMTE5NjAmNj1lbiYzMz1uZXdzJjM3PWluZm8)

16. NAPPO International Workshop on Citrus Pests

The North American Plant Protection Organization is sponsoring an international workshop on citrus quarantine pests in Villahermosa, Tabasco, Mxico July 27-31, 2009. (Notice, available at http://www.nappo.org/Workshop%20Citrus%20QuaratinePests-UP23-4-09.pdf)

17. Canadian Tribunal Hearing on Classification of Aluminum Reflectors

The Canada Gazette states that the Canadian International Trade Tribunal will hold a public hearing on June 16, 2009 to consider the appeal filed by P.L. Light Systems Canada Inc. on whether aluminum reflectors that are classified under tariff item No. 9405.99.90, are entitled to the benefit of tariff item No. 9903.00.00 as articles and materials for use in, or which enter into the cost of manufacture or repair of, agricultural or horticultural machines of heading No. 84.36. (Notice, available at http://canadagazette.gc.ca/rp-pr/p1/2009/2009-04-25/html/commis-eng.htmlf103)

18. CPSC Lists Voluntary Recalls

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

(Notice, available at http://www.cpsc.gov/cpscpub/prerel/prerelapr09.html)

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:

Mahi-mahi Because of Histamine and Decomposition

Swordfish for Methyl Mercury

All Tamarind Products (Fresh and/or Processed) From All Shippers From All Countries Due to Filth

Shrimp