Miscellaneous International Trade Notices

1. CPSC Federal Register Notice on "Interim Policy" Allowing Component & Paint Sample Testing for CPSIA Lead Certification

2. CPSC Federal Register Notice on Lifting CPSIA Testing & Certification Stay In Stages, Starting Feb 10th

CPSC has issued a Federal Register notice revising the terms of its stay of enforcement of certain testing and certification requirements of the Consumer Product Safety Improvement Act of 2008 and announcing when it will lift the stay with regard to specific products and safety rules. (CPSC notice, FR Pub 12/28/09, available at http://edocket.access.gpo.gov/2009/pdf/E9-30663.pdf)

3. Company Petitions CPSC to Authorize Certain Spray Sampling, Multiple Stamping, & Finished Component Testing

CPSC has received a petition requesting an amendment of its regulations at 16 CFR 1303 to authorize test procedures for "spray sampling," "multiple stamping" and "finished component testing." The petition also requests the adoption of an interpretative rule that clarifies that test procedures for "spray sampling," "multiple stamping," and "finished component testing" under the Consumer Product Safety Act. (CPSC notice, FR Pub 12/28/09, available at http://edocket.access.gpo.gov/2009/pdf/E9-30486.pdf)

4. CPSC Approves Final Rule on Durable Infant/Toddler Product Registration

The Consumer Product Safety Commission issued a press release announcing its approval on December 16, 2009 of a final rule requiring manufacturers of durable infant or toddler products to establish and maintain a registration card program as mandated by the Consumer Product Safety Improvement Act of 2008. The final rule is expected to be published soon in the Federal Register. (Notice, dated 12/24/09, available at http://www.cpsc.gov/cpscpub/prerel/prhtml10/10093.html)

5. CPSC Approves 7 Panelists to Consider Effect of Phthalates and Any Alternatives on Children

CPSC has approved the appointment of seven independent scientists to serve on a Chronic Hazard Advisory Panel to assess the potential effects on children's health of phthalates and phthalate alternatives as used in children's toys and child care articles, as required by the Consumer Product Safety Improvement Act of 2008 (CPSIA). (Notice, posted 12/24/09, available at http://www.cpsc.gov/about/cpsia/chapselect.pdf)

6. DoD Amends DFARS to Clarify Definitions of Component & Domestic Manufacture

The Department of Defense has issued a final rule, effective December 24, 2009, amending the Defense Federal Acquisition Regulation Supplement to clarify the definitions of "component" and "domestic manufacture" as they relate to policy on foreign acquisition. (FR Pub 12/24/09, available at http://edocket.access.gpo.gov/2009/pdf/E9-30296.pdf)

7. DoD Final Rule on Buy American Waiver for Commercially Available Off-the-Shelf Items

DoD has issued a final rule, effective December 24, 2009, adopting as final, without change, an interim rule amending the DFARS to conform to the Federal Acquisition Regulation changes implementing the waiver of the component test of the Buy American Act to contracts and subcontracts. The FAR Case 2000-305 implemented 41 USC 431 with respect to the inapplicability of certain laws to contracts and subcontracts for the acquisition of commercially available off-the-shelf items. (FR Pub 12/24/09, available at http://edocket.access.gpo.gov/2009/pdf/E9-30294.pdf)

8. BP Correction to Preliminary AD Administrative Review of China Garlic

Broker Power has uploaded a correction to its December 22, 2009 notice of preliminary results of AD duty administrative review of fresh garlic from China. The notice originally listed the AD duty rate for each company as a percentage, which has now been corrected as a dollar amount per kilogram. (See ITT's Online Archives or 12/22/09 news, (Ref:09122245), for BP's corrected notice.)

9. BIS Final Rule Updates Certain EAR Legal Authority Citations

The Bureau of Industry and Security has issued a final rule, effective December 24, 2009, to update 15 CFR legal authority citations for the Export Administration Regulations. The final rule replaces citations to the President's Notice of November 10, 2008 - Continuation of Emergency Regarding Weapons of Mass Destruction - with the President's Notice of November 6, 2009 on the same subject. It also updated text to reflect the recodification of former 42 USC app. 466c as 15 USC 1824a. BIS is making these changes to keep the CFR legal authority citations for the EAR current. (D/N 0910231376-91377-01, FR Pub 12/24/09, available at http://edocket.access.gpo.gov/2009/pdf/E9-30481.pdf)

10. USTR Reports to Congress on China's WTO Compliance

The Office of the U.S. Trade Representative has issued its report to Congress on China's World Trade Organization compliance. (Report, posted 12/22/09, available at http://www.ustr.gov/webfm_send/1572)

11. Business Council Objects to China's "Indigenous Innovation Product Accreditation" System

Members of the U.S.-China Business Council sent a letter to various Chinese officials strongly objecting to China's Joint Circular (Notice No. 618) posted in November 2009 that would implement an "Indigenous Innovation Product Accreditation" system in China. According to the council, the system would impost protectionist and discriminatory requirements on companies seeking to sell in the Chinese government procurement market. (Letter, dated 12/10/009, available at http://www.uschina.org/public/documents/2009/12/indigenous_innovation_letter.pdf)

12. European Chemicals Agency Nov-Dec 2009 Newsletter Has REACH Updates

The European Chemicals Agency has posted its November-December 2009 newsletter. Among other things, the newsletter provides an update on the latest issues regarding REACH, the EU regulation on the Classification, Labeling and Packaging of chemical substances and mixtures. (Newsletter, posted 12/21/09, available at http://echa.europa.eu/doc/press/newsletter/echa_newsletter_2009_12_18.pdf)

13. WCO, WHO Discuss Illicit Trade in Tobacco Products

World Customs Organization Secretary General Mikuriya recently met with Dr. Haik Nikogosian, Head of the Convention Secretariat of the World Health Organization Framework Convention on Tobacco Control. The meeting was aimed at discussing possible ways of cooperation on the implementation of the Protocol to eliminate the illicit trade in tobacco products. (Report, dated 12/17/09, available at http://www.wcoomd.org/speeches/?v=1&lid=1&cid=2&id=193)

14. WCO Opens Regional Trading Center in Kazakhstan

WCO Secretary General Mikuriya recently traveled to Kazakhstan for the occasion of the formal opening of the WCO Regional Training Centre in Astana, Kazakhstan. (Report, posted 12/15/09, available at http://www.wcoomd.org/speeches/?v=1&lid=1&cid=2&id=192)

15. APHIS to Add Korea to List of Regions Considered Free of Rinderpest, FMD

The Animal and Plant Health Inspection Service is amending regulations to add the Republic of Korea to the list of regions that are considered free of rinderpest and foot-and-mouth disease beginning on January 12, 2010. (News release, dated 12/23/09, available at http://www.aphis.usda.gov/newsroom/content/2009/12/rekoreafmd.shtml)

16. CPSC Lists Voluntary Recalls

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

(Notices, FR Pub 12/23/09, available at http://edocket.access.gpo.gov/2009/pdf/E9-30522.pdf and http://edocket.access.gpo.gov/2009/pdf/E9-30523.pdf)