The Animal and Plant Health Inspection Service has issued a final rule, effective May 22, 2009, which modifies its requirements concerning the importation of eggs (other than hatching eggs) from regions where exotic Newcastle disease (END) exists. This action is necessary to provide another testing option for determining the END status of flocks producing eggs (other than hatching eggs) for export to the U.S. (D/N APHIS-2007-0014, FR Pub 04/22/09, available at http://edocket.access.gpo.gov/2009/pdf/E9-9102.pdf)

In Volkswagen of America, Inc. v U.S., the Court of International Trade has ruled that if repairs were made pursuant to federal emissions recalls, there was sufficient evidence to conclude that the defects existed at the time of importation, and that Volkswagen was therefore entitled to an allowance for the value of the related repairs.

Canadian Prime Minister Harper has announced a new initiative to use the International Airport in Winnipeg Canada and surrounding land as a hub to import goods from Asia and Europe and then distribute those goods throughout North America by air, rail and road. The governments of Canada and Manitoba are jointly funding the next phase of this project, which involves building a high-speed transportation corridor. (Notice, dated 04/14/09, available at http://pm.gc.ca/eng/media.asp?id=2521)

On April 15, 2009, Department of Homeland Security Napolitano announced the appointment of Alan Bersin as DHS Assistant Secretary for International Affairs and Special Representative for Border Affairs. According to Secretary Napolitano, Bersin will lead the effort to make U.S. borders safe while working to promote commerce and trade. (DHS press release, dated 04/15/09, available at http://www.dhs.gov/ynews/releases/pr_1239820176123.shtm.)

In January 2009, the Government of Canada proposed legislation entitled, the Canada Consumer Product Safety Act (CCPSA, Bill C-6), to modernize and strengthen Canada's product safety laws. The CCPSA would repeal and replace Part I of Canada's Hazardous Products Act (HPA), which deals with consumer products that are either restricted through regulation or are prohibited from being advertised, sold or imported into Canada.

The European Commission recently adopted a regulation which sets a transitional period from July 1, 2009 to December 31, 2010 during which traders will have the option of submitting electronic entry or exit summary declarations on goods before they enter or leave the European Union. Unanticipated delays have occurred in the implementation process of electronic entry or exit summary declarations so that not all actors will be in a position to submit those declarations by July 1, 2009. During the transitional period, goods not declared in advance will be submitted to risk analysis after arrival or before departure of those goods. The regulation can be found here and here. (Press release, dated 04/02/09, available at http://europa.eu/rapid/pressReleasesAction.do?reference=MEX/09/0402&format=HTML&aged=0&language=en&guiLanguage=en)

The White House has issued a press release on the President's April 2, 2009 meeting with South Korea's President. According to the press release, both Presidents agreed that the U.S.-Korea Free Trade Agreement could bring benefits to both countries and committed to working together to chart a way forward. (Press release, dated 04/02/09, available at http://www.whitehouse.gov/the_press_office/Statement-Following-President-Obamas-Meeting-with-President-Lee-of-the-Republic-of-Korea/.)

The Office of Foreign Assets Control has announced its first Annual Symposium for International Trade to take place in Washington, DC on May 15, 2009 designed to provide the international trade community with insight and perspective from top officials on compliance, enforcement and licensing issues related to U.S. export controls. (OFAC notice available at http://www.treas.gov/offices/enforcement/ofac/events/symp_flyer_040109.pdf)

Secretary of Agriculture Tom Vilsack testified before the House Appropriations Subcommittee on Agriculture on March 31, 2009, outlining the Administration's plans to bring reform to USDA and discussing how the President's budget will revitalize rural America. Among other things Secretary Vilsack stated that while the country as a whole has a trade deficit, agriculture has a trade surplus estimated to be $13 billion in FY 2009. (USDA, dated 03/31/09, available at http://www.usda.gov/wps/portal/!ut/p/_s.7_0_A/7_0_1OB?contentidonly=true&contentid=2009/03/0078.xml)

During his announcement of a new strategy for Afghanistan and Pakistan, the President called on Congress to pass a bipartisan bill co-sponsored by Representatives Cantwell, Van Hollen and Hoekstra that creates opportunity zones in the border regions to develop the economy and bring hope to places plagued with violence. See future issue of ITT for additional details on this legislation. (Press release, dated 03/27/09, available at http://www.whitehouse.gov/the_press_office/Remarks-by-the-President-on-a-New-Strategy-for-Afghanistan-and-Pakistan/.)