The Agricultural Marketing Service has issued a proposed rule to implement an assessment (tax) of 7.5 cents per hundredweight of milk, or equivalent thereof, on imported dairy products, in order to fund promotion and research. This proposed action is pursuant to the 2002 and 2008 Farm Bills. Written comments are due by June 18, 2009. (AMS proposed rule, D/N DA-08-07: AMS-DA-8-050, FR Pub 05/19/09, available at http://edocket.access.gpo.gov/2009/pdf/E9-11492.pdf and AMS press release, dated 05/18/09, available here.)

The International Trade Administration has announced the Commerce Department's successful culmination of its efforts to ensure extension of both non-metric and metric labeling provisions on product packaging for U.S. businesses exporting to the European Union. The ruling will allow U.S. firms to use non-metric units on packaging and extends the current dual-labeling provisions indefinitely. The rule was published on May 7, 2009 in the Official Journal of the European Union and will be fully in force in the 27 member states by January 1, 2010. (Notice, dated 05/15/09, available at http://www.trade.gov/press/press_releases/2009/EULabeling_051509.asp)

The Census Bureau reports that the U.S. international deficit in goods and services increased to $27.6 billion in March from $26.1 billion (revised) in February, as exports decreased more than imports. USTR Kirk's statement on the March 2009 trade data is available here. (Notice, dated 05/12/09, available at http://www.census.gov/foreign-trade/Press-Release/current_press_release/press.html)

The Commissioners of the Consumer Product Safety Commission were scheduled to vote by May 13th on a CPSC staff recommendation to adopt the most recent (2008) revision to the ASTM F963 toy standard as a mandatory consumer product safety standard, with certain exceptions. (The Consumer Product Safety Improvement Act of 2008 (CPSIA) made the 2007 version of the toy standard, and any successor standards (unless objected by CPSC) a mandatory safety standard.) (CPSC ballot vote sheet with staff recommendation (dated 05/11/09) available at http://www.cpsc.gov/library/foia/foia09/brief/ASTMF963-07.pdf)

The Office of the U.S. Trade Representative has announced that the U.S. and the European Union have reached a provisional agreement in the EU - beef hormones dispute. The agreement, in principle, would provide additional duty-free access to the EU market for U.S. beef produced from cattle that have not been treated with growth-promoting hormones, and the eventual elimination of U.S. sanctions over a four year period. (See future issues of ITT for BP summary.) (USTR press release, dated 05/06/09, available at http://www.ustr.gov/Document_Library/Press_Releases/2009/May/United_States_European_Union_Reach_Provisional_Agreement_in_Beef_Dispute.html)

The Government Accountability Office has issued a report and agency comments on its review and oral briefing for the Senate and House Appropriations Subcommittees on the Department of Homeland Security's fiscal year 2009 expenditure plan for the Secure Border Initiative (SBI). Approval of SBI's expenditure plan by these committees was required before DHS could obligate $400 million of the approximately $775 million appropriated for U.S. Customs and Border Protection fencing, infrastructure, and technology. (GAO report summary, dated 04/30/09, available at http://www.gao.gov/products/GAO-09-274R)

According to an email from Trucking.org, on April 29, 2009, the U.S. District Court for the Central District of California issued its final ruling preliminarily enjoining certain Long Beach and Los Angeles Port Concession Plan requirements of the Clean Truck Program. Trucking.org states that the final ruling is essentially the same as the April 27, 2009 draft ruling (but with additional language set forth in footnotes 4, 16 & 21, addressing the ports' discretionary decision-making power, concession filing fees and the LA incentive payment program, respectively). For email copy of ruling, send requests to documents@brokerpower.com .

U.S. Trade Representative Kirk held his first meeting with the Chinese Commerce Minister, Deming and exchanged views on a range of bilateral and multilateral trade issues, including utilizing cooperative mechanisms such as the Joint Commission on Commerce and Trade (JCCT) to resolve bilateral trade issues whenever possible. (Notice, dated 04/27/09, available at http://www.ustr.gov/assets/Document_Library/Press_Releases/2009/April/asset_upload_file241_15597.pdf)

The World Trade Organization has issued a compliance panel report examining the implementation measures by the U.S. in the dispute "U.S.-Measures Relating to Zeroing and Sunset Reviews" (DS322) brought by Japan. (See future issue of ITT for details.)(Report, dated 04/24/09, available at http://www.wto.org/english/news_e/news09_e/322rw_e.htm)

The Embassy of China reports that in a video greeting in recognition of China Intellectual Property Protection Week, the Director-General of the World Intellectual Property Organization (WIPO) said China has made remarkable progress in intellectual property rights protection in a short time. According to the Director of China's State Intellectual Property Office (SIPO), these remarks reflect the fact that China has established a trademark law system, joined six international treaties or conventions concerning trademarks, registered more than 530,000 foreign trademarks from more than 130 countries or regions, etc. (Notice, dated 04/22/09, available at http://www.china-embassy.org/eng/xw/t558606.htm)