Miscellaneous International Trade Notices

October 16, 2009 |Top News

The International Trade Commission has issued a notice of an earlier-than-expected transmittal of its report to Congress regarding the use of the ''first sale rule'' for customs valuation of U.S. imports. As ITC received the final report from U.S. Customs and Border Protection on September 25, 2009, it now expects to deliver its report to Congress by December 23, 2009. (Investigation No. 332-505, FR Pub 10/15/09, available at http://edocket.access.gpo.gov/2009/pdf/E9-24793.pdf)

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1. ITC to Issue Report to Congress on First Sale Rule by December 23, 2009

2. EU and S. Korea Initial Free Trade Agreement

The European Union and South Korea have initialed a free trade agreement. The deal, estimated to be worth up to EUR 19 billion in new trade for EU exporters, will remove virtually all tariffs between the two economies, as well as many non-tariff barriers. Additional information is available here. (Notice, dated 10/15/09, http://ec.europa.eu/trade/issues/bilateral/countries/korea/pr151009_en.htm)

3. U.S.-Chinese Leaders Meet for "Track Two" of High Level Dialogue

On October 12, 2009, Chinese Premier Wen Jiabao met with U.S. delegates in Beijing for the inaugural China-U.S. Track Two High-Level Dialogue. The U.S. delegation headed by former U.S. Secretary of State Henry Kissinger also included former Secretary of State George P. Shultz, former Defense Secretary William Perry and former Treasury Secretary Robert Rubin. (Notice, dated 10/14/09, available at http://www.china-embassy.org/eng/xw/t620389.htm)

4. Sixth Round of ACTA Negotiations to be Held Nov 4-6, 2009 in Korea

Japan's METI states that the sixth round of negotiations for the Anti-Counterfeiting Trade Agreement (ACTA) will be held in Korea on November 4-6, 2009. Expected participants are Australia, Canada, the European Union, Japan, South Korea, Mexico, Morocco, New Zealand, Singapore, Switzerland, and the United States. (Press release, posted 10/09/09, available at http://www.meti.go.jp/english/press/data/20091009_01.html)

5. FHA Grants Buy American Waiver for Certain Butterfly Valves

The Federal Highway Administration, effective October 16, 2009, has granted a Buy America waiver for the purchase of foreign butterfly valves for a Federal-aid/American Recovery and Reinvestment Act project for the City of Colorado Springs, Colorado. (FR Pub 10/15/09, available at http://edocket.access.gpo.gov/2009/pdf/E9-24851.pdf)

6. OMB Approves BIS Final Rule on MTCR Annex Changes

The Office of Management and Budget has approved a Bureau of Industry and Security final rule to amend the Export Administration Regulations to reflect changes to the Missile Technology Control Regime Annex that were agreed to by MTCR member countries at the November 2008 Plenary in Canberra, Australia. In addition, this rule also clarifies certain EAR controls to properly reflect the intent of items previously agreed to in past MTCR Plenary Agreements. (Rule, completed 10/14/09, available at http://www.reginfo.gov/public/do/eAgendaViewRule?pubId=200904&RIN=0694-AE53)

7. OMB Approves DEA Final Rule on Chemical Mixtures Containing Phosphorus

OMB has approved a Drug Enforcement Agency final rule for determining whether there are chemical mixtures containing red phosphorus, white phosphorus, and hypophosphorous acid (and its salts), which should be exempt from the regulations governing listed chemicals. (Rule, completed 10/14/09, available at http://www.reginfo.gov/public/do/eAgendaViewRule?pubId=200904&RIN=1117-AA66)

8. New AD Investigation on Standard Steel Fasteners from China and Taiwan

The ITA has issued a fact sheet on the initiation of antidumping duty investigations of certain standard steel fasteners from China and Taiwan. (Fact sheet, dated 10/14/09, available at http://ia.ita.doc.gov/download/factsheets/factsheet-prc-taiwan-ssf-init-101409.pdf)

9. New AD/CV Investigations on Coated Paper from China and Indonesia

The ITA has issued a fact sheet on the initiation of antidumping and countervailing duty investigations of certain coated paper from China and Indonesia. (Fact sheet, dated 10/14/09, available at http://ia.ita.doc.gov/download/factsheets/factsheet-prc-indonesia-paper-init-101409.pdf)

10. Three Men Sentenced for Exporting High-Modulus Carbon Fiber to China

The Department of Justice has issued a press release announcing that Jian Wei Ding and Kok Tong Lim of Singapore, and Ping Cheng of New York were sentenced on October 8, 2009 in federal court for exporting high-modulus, carbon-fiber material to the China Academy of Space Technology without a license, in violation of U.S. export laws and regulations. (Press release, dated 10/08/09, available at http://www.bis.doc.gov/news/2009/doj10082009.htm)

11. Three Men, Two Corporations Charged for Illegal Defense Exports to China

The DoJ has issued a press release announcing that Zhen Zhou Wu, Yufeng Wei, and Bo Li of China, and two corporations, Chitron-US and Chitron-Shenzhen, were charged on October 1, 2009 in federal court with conspiring over a period of ten years to illegally export defense articles, designated on the U.S. Munitions List, and Commerce controlled electronics components, to end-users in China, including several Chinese military entities. (Press release, dated 10/05/09, available at http://www.bis.doc.gov/news/2009/doj10052009.htm)

12. Three Indicted for Sale of Imported Counterfeit High Tech Parts to US Navy

The Bureau of Immigration and Customs Enforcement announced an 11-count indictment that charged three Newport Coast, Calif., residents with conspiracy, trafficking and selling counterfeit integrated circuits from China and other sources to the U.S. Navy. Mustafa Abdul Aljaff, 29, his sister, Marwah Felahy (formerly Aljaff), 32, and her husband, Neil Felahy, 32, were named in the indictment. (News release, dated 10/09/09, available at http://www.ice.gov/pi/nr/0910/091009washington.htm)

13. U.S.-Japan to Hold Foreign Direct Investment Seminar Oct 28, 2009

On October 28, 2009, Japan's Ministry of Economy, Trade and Industry will co-host the "U.S.-Japan Investment Initiative Seminar" in Yokohama City with the Japan External Trade Organization (JETRO) and U.S. Department of State. The purpose of this seminar is to enhance understanding of foreign direct investment in Japan and to provide useful information for foreign companies considering business in Japan and Japanese companies considering conducting business partnerships with overseas. (Press release, posted 10/15/09, available at http://www.meti.go.jp/english/press/data/20091015_01.html)

14. FSIS Teleconference on Proposed Rule on Interstate Shipments

The Food Safety and Inspection Service will hold a teleconference on October 27, 2009 and on November 5, 2009 in an effort to solicit comments on the proposed rule for interstate shipment. (Notice, posted 10/14/09, available at http://www.fsis.usda.gov/News_&_Events/Meetings_&_Events/index.asp)

15. USTR, EPA Meet as Part of Trade and Environment Policy Committee

USTR Kirk, Environmental Protection Agency Administrator Jackson, and Trade and Environment Policy Advisory Committee Chair Block recently discussed issues surrounding the Doha Round of negotiations in the World Trade Organization, pending bilateral free trade agreements, and efforts on climate change. The committee is working to improve outreach and transparency and develop a strategy for greater engagement with all other agencies with parallel environmental issues and goals. (Notice, dated 10/13/09, available at http://www.ustr.gov/about-us/press-office/blog/ambassador-kirk-and-epa-administrator-lisa-jackson-host-tepac-meeting)

16. Agricultural Clearance PPQ Manual Updated

On October 14, 2009, Animal and Plant Health Inspection Service (APHIS) updated the Manual for Agricultural Clearance. The PPQ manual provides CBP personnel working at airport and maritime locations with the guidelines, directions, and policy for clearing carriers and passengers/crew and controlling garbage and cargo. (Manual, updated 10/14/09, available at http://www.aphis.usda.gov/import_export/plants/manuals/ports/mac.shtml)

17. Fresh Fruits and Vegetables Import PPQ Manual Updated

On October 14, 2009, 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. Includes a description of methods for sampling and inspecting selected fruits and vegetables. Contains pictorial identification guides, and a glossary for common and scientific names of fruits and vegetables. (Manual, updated 10/14/09, available at http://www.aphis.usda.gov/import_export/plants/manuals/ports/downloads/fv.pdf)

18. Miscellaneous and Processed Products PPQ Manual Updated

On October 14, 2009, APHIS updated its Miscellaneous and Processed Products PPQ Manual. The manual is used for regulating imported items that are processed and are not intended for propagation. (Manual, updated 10/14/09, available at http://www.aphis.usda.gov/import_export/plants/manuals/ports/downloads/miscellaneous.pdf)

19. APHIS Update on Blood Product Exports to Canada for Reexport to EU

On October 14, 2009, APHIS updated its International Animal Product Export Regulations: Animal Products to Canada. This Regulation is on Blood Products Exported to Canada for Eventual Export to the European Union for Technical Uses. (Regulation, updated 10/14/09, available at http://www.aphis.usda.gov/regulations/vs/iregs/products/downloads/ca_tb.pdf)

20. CBSA Revises D-Memorandum on Tariff Classification of Gloves

Canada Border Services Agency has revised its D-Memorandum D10-14-29 regarding the tariff classification of gloves. (Memorandum D10-14-29, updated 10/09/09, available at http://www.cbsa.gc.ca/publications/dm-md/d10/d10-14-29-eng.html)

21. CPSC Lists Voluntary Recalls

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

Product: Reason	Company	Release
Schwalbe Ultremo R Bicycle Tires: Fall Hazard	Moser Enterprises (Canada)	10-009
Diving Air Hose for Dry Suits: Drowning Hazard	SI Tech AB, of Brastad (Sweden)	10-010
2009 Model Electra Bicycles with Front Trays or Baskets: Fall Hazard	Electra Bicycle Co. (CA)	10-011

(CPSC recalls available at http://www.cpsc.gov/cpscpub/prerel/prereloct09.html)