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Volume 16, Issue 216
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Thursday, October 29, 2009
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Transatlantic Economic Council Aims to Improve Regulatory Cooperation
The Transatlantic Economic Council established in 2007 between the U.S. and the European Union met in Washington, D.C., Oct. 27 to discuss global economic challenges and the need for closer bilateral cooperation. According to press reports, officials at the meeting, the TEC’s first under the Obama administration, agreed that the forum’s focus should be improving regulatory cooperation rather than addressing specific trade irritants.
Specifically, a joint statement said, the two sides agreed that upstream regulatory cooperation can play a valuable role in promoting the integration of the transatlantic economy. Officials therefore agreed that by the time of its next meeting in early 2010 the TEC will identify key sectors, including labeling, energy efficiency and nanotechnology, in which the development of compatible approaches to regulation will be sought, including through specific work plans, senior official ownership and timetables for outcomes. They also invited the EU-U.S. High-Level Regulatory Cooperation Forum to assess the two sides’ experiences with regulatory cooperation approaches, including mutual recognition agreements, and consider how and in what sectors each of these tools could be used more effectively to facilitate transatlantic trade while maintaining robust health, safety and environmental standards.
According to the joint statement, officials at this week’s TEC meeting also:
• discussed secure trade based on a shared understanding about increased security needs and a joint commitment to work for solutions that minimize adverse economic impacts, with the goal of finalizing mutual recognition discussions in time for the next Joint Customs Cooperation Committee;
• agreed to establish a new U.S.-EU innovation dialogue to accelerate efforts to spur growth, productivity and entrepreneurial activity, with potential areas for discussion including innovation policy, information and communication technologies, advanced technologies, health information technology and clean energy technologies; and
• agreed to establish at the annual U.S.-EU summit next month a new ministerial-level Energy Council.
The Bush administration had largely sought to use the TEC to resolve a long-running dispute with the EU over its restrictions on imports of U.S. poultry, but Guenther Verheugen, European Commission vice president, said that had been “a big, big mistake.” Verheugen also commented on the possibility of a U.S.-EU free trade agreement. Swedish trade minister Ewa Bjorling said earlier this week that a transatlantic FTA has been a topic of increasing interest among business interests in Europe, but Verheugen said this issue is “simply not on the agenda, and I do not foresee it in the near future.”
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FTC Proposes New Labeling Requirements for Light Bulbs
The Federal Trade Commission has posted to its Web site a proposed rule that would establish new labeling requirements for light bulbs. Comments on this proposal are due by Dec. 28.
According to the FTC, the marketplace for light bulbs has been changing quickly with the emergence of newer, more energy-efficient technologies, such as compact fluorescent light bulbs and light-emitting diode products, as traditional incandescent bulbs are phased out. The proposed labeling would respond to this situation by providing consumers with clear, easily understandable information to help them choose among different bulb types. Specifically, the proposed rule would include the following requirements.
• Information about bulb brightness (in lumens, not watts) and estimated energy costs must appear on the front of the light bulb package.
• The back of the package must display a “Lighting Facts” label modeled after the “Nutrition Facts” label for food packages that would provide information about brightness, energy cost, the bulb’s expected life, color temperature (e.g., whether the bulb provides “warm” or “cool” light) and wattage.
• The label must include disclosures for bulbs containing mercury.
• The bulb’s output in lumens, and a mercury disclosure for bulbs that contain mercury, would have to be placed on the bulb itself.
Source Document 1...
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AD Notices: Furniture, Barium Chloride, Pipes and Tubes, Silicon, Steel Bar
Following are summaries of current antidumping actions taken by the International Trade Administration.
Commodity: Wooden bedroom furniture.
Country: China.
Nature of Notice: Amended final results of administrative and new shipper reviews of AD duty order, effective Oct. 29.
Commodity: Barium chloride, classified under HTSUS 2827.39.4500.
Country: China.
Nature of Notice: Final results of sunset review of AD duty order, effective Oct. 29.
Commodity: Welded carbon steel standard pipes and tubes.
Country: India.
Nature of Notice: Partial rescission of administrative review of AD duty order, effective Oct. 29.
Commodity: Silicon metal.
Country: China.
Nature of Notice: Extension of time limit for final results of administrative review of AD duty order, effective Oct. 29.
Commodity: Stainless steel bar.
Country: Brazil and India.
Nature of Notice: Extension of time limit for preliminary results of administrative reviews of AD duty orders, effective Oct. 29.
Source Document 1...
Source Document 2...
Source Document 3...
Source Document 4...
Source Document 5...
Source Document 6...
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DOC: CV Cases Advance on Chinese PC Strand, Steel Grating; Foreign-Trade Zone Actions; Foreign Regulatory Changes
CV Cases Advance on Chinese PC Strand, Steel Grating. The International Trade Administration has made preliminary affirmative countervailing duty determinations on prestressed concrete steel wire strand from China and steel grating from China. As a result of these determinations, the ITA will instruct U.S. Customs and Border Protection to collect cash deposits or bonds on imports of subject merchandise at the rates specified below. The ITA’s final determinations are anticipated in January 2010 (PC strand) and March 2010 (steel grating).
• PC Strand - The preliminary CV margins for PC strand range from 7.53% to 12.06%. The merchandise covered by this investigation is a collection of wire rod bars typically covered with an epoxy material that is primarily used in concrete construction applications. It is currently classifiable under HTSUS 7312.10.3010 and 7312.10.3012.
• Steel Grating – The preliminary CV margin for steel grating is 7.44%. The products covered by this investigation consist of two or more pieces of steel, including load-bearing pieces and cross pieces, joined by any assembly process, regardless of size or shape, method of manufacture, metallurgy (carbon, alloy or stainless), the profile of the bars, whether they are galvanized, painted, coated, clad or plated. These products are currently classified in HTSUS 7308.90.7000.
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FTZB Receives Two Applications, Approves Illinois Zone Reorganization. The Foreign-Trade Zones Board is seeking comments by Dec. 28 on the following applications.
• Broward County, Fla., grantee of FTZ 25, is requesting special-purpose subzone status for the fuel product distribution terminal of South Florida Materials Corporation in Port Everglades, Fla. This facility is primarily used for the receipt, storage and distribution of jet fuel by pipeline to carriers operating at the Miami International and Fort Lauderdale International airports. The company also uses the facility to store, blend and distribute gasoline, diesel fuel, biodiesel, biofuels and certain fuel blendstocks, including ethanol. The company is not requesting to blend foreign status products in the proposed subzone. Zone procedures would exempt SFMC from customs duties and federal excise taxes on foreign status jet fuel used for international flights, some 20-35% of the terminal’s shipments. On domestic sales, the company would be able to defer duty payments on foreign status products until shipped from the facility and entered for consumption.
• The Greater Kansas City Foreign Trade Zone Inc., grantee of FTZ 17, is requesting authority to reorganize the zone under the alternative site framework, an option for grantees for the establishment or reorganization of general-purpose zones that can permit significantly greater flexibility in the designation of new usage-driven FTZ sites for operators/users located within a grantee’s service area. The grantee’s proposed service area under the ASF would be Wyandotte, Johnson, Douglas, Shawnee, Leavenworth and Miami counties in Kansas.
In addition, the FTZB has approved an application from the Economic Development Council for Central Illinois Inc., grantee of FTZ 114, for authority to delete Site 3 in its entirety and to include two sites at the former Chanute Air Force Base in Rantoul and the Logistics Park Galesburg in Galesburg, Ill.
Source Document 1...
Source Document 2...
Source Document 3...
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Foreign Regulatory Changes That Could Affect U.S. Exports. According to the National Institute of Standards and Technology, the WTO has been notified by the following countries of proposed regulatory changes that may affect U.S. exports of the products indicated. More detailed information on the nature of the proposed changes can be accessed on the NIST Web site.
• Argentina – sunflower seed oil, chia flour
• Bahrain – chewing tobacco, snuff tobacco, cabbage, frozen fish, lettuce, canned carrots, pipe tobacco, cigars
• European Communities – cosmetic products
• France – veterinary medicines
• Mexico – respirators
• Oman – fruit drink; organs and viscera of mutton, goat, cattle, camel, and buffalo; foods based on milk for infants and children; canned humus, quick frozen peaches, meat bouillons, tehena, preserved tomatoes
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CPSC: Accreditation of Conformity Assessment Bodies for Children’s Products; Information Collections
Accreditation of Conformity Assessment Bodies for Certain Children’s Products. The Consumer Product Safety Commission has issued a notice that provides the criteria and process for CPSC acceptance of accreditation of third-party conformity assessment bodies for testing pursuant to the limits on total lead in children’s products. Generally speaking, the notice states, such third-party conformity assessment bodies are:
• third-party conformity assessment bodies that are not owned, managed or controlled by a manufacturer or private labeler of a children’s product to be tested by the third-party
conformity assessment body for certification purposes;
• “firewalled” conformity assessment bodies (those that are owned, managed or controlled by a manufacturer or private labeler of a children’s product to be tested by the third-party conformity assessment body for certification purposes and that seek accreditation under the additional statutory criteria for “firewalled” conformity assessment bodies); and
• third-party conformity assessment bodies owned or controlled, in whole or in part, by a government.
While these requirements are effective as of Oct. 29, the CPSC will not enforce them at least until Feb. 10, 2010. Comments on this notice, including the procedures and the accreditation approach in general, are due by Nov. 30.
The Consumer Product Safety Improvement Act also directs the CPSC to publish a notice of requirements for accreditation of third-party conformity assessment bodies to assess conformity with “all other children’s product safety rules.” However, whether a particular rule represents a “children’s product safety rule” may be subject to interpretation, and CPSC staff is continuing to evaluate which rules, regulations, standards or bans are “children’s product safety rules.” Once this determination has been made, the CPSC intends to issue additional notices of requirements for the specified rules.
Source Document 1...
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Comments Sought on Two Information Collections. The Consumer Product Safety Commission is seeking comments by Dec. 28 on the following information collections.
• Form 223, which will be used to gather information, including location, accreditation and ownership, from third-party conformity assessment bodies seeking recognition from the CPSC to test for compliance to specified children’s product safety rules. This form is used upon initial application, at least every two years as part of a regular audit process and whenever a change to accreditation or ownership information occurs.
• Flammability standards for clothing textiles and vinyl plastic film – The regulations implementing these standards establish requirements for testing and recordkeeping for manufacturers and importers who furnish guaranties for products subject to these standards. The information collected helps the CPSC arrange corrective actions if any products covered by a guaranty fail to comply with the applicable standard in a manner that creates a substantial risk of injury or death to the public. The CPSC also uses this information to determine whether the requisite testing was performed to support the guaranties.
Source Document 1...
Source Document 2...
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USDA Proposes to Revise Info Collection on Import and Export of Meat and Poultry Products
The Department of Agriculture’s Food Safety and Inspection Service is seeking comments by Dec. 28 on an information collection addressing paperwork requirements related to the exportation, transportation and importation of meat and poultry products.
FSIS requires that meat and poultry establishments exporting product to foreign countries complete an export certificate in order to certify to the importing countries that FSIS inspectors have inspected the product and have found it sound and wholesome. Meat and poultry products not marked with the mark of inspection and shipped from one official establishment to another for further processing must be transported under USDA seal to prevent such unmarked product from entering into commerce. To track product shipped under seal, FSIS requires shipping establishments to complete a form that identifies the type, amount and weight of the product.
Foreign countries exporting meat and poultry products to the U.S. must establish eligibility for importation of product into the U.S. and must annually certify that their inspection systems are equivalent to the U.S. inspection system. Additionally, meat and poultry products intended for import into the U.S. must be accompanied by a certificate, signed by an official of the foreign government, stating that the products have been produced by certified foreign establishments. Official import inspection establishments or brokers wishing to import product into the United States must complete a form that specifies the type, amount, originating country and destination of the meat and poultry product. Additionally, FSIS has established procedures that allow import facilities importing product to stamp such product with the inspection legend prior to FSIS inspection if they receive prior FSIS approval. Import facilities wishing to pre-stamp must submit a letter to FSIS requesting approval. Import facilities must also keep a log of information concerning each lot of product they have pre-stamped.
Source Document 1...
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RECENTLY INTRODUCED LEGISLATION IN THE 111th CONGRESS:
Legislation Repository...
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Bill#
Sponsor
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Date Introduced
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Description
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Action
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S. 1935
Murray
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10/27/09
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A bill to extend the temporary suspension of duty on certain boots constructed by hand of natural rubber
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Referred to the Senate Committee on Finance
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H.R. 3938
Aderholt
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10/27/09
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A bill to suspend temporarily the duty on certain nonwoven polypropylene zippered sleeping bag carry cases, not under 77.5 cm in circumference and not exceeding 106.7 cm in circumference
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Referred to the House Committee on Ways and Means
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H.R. 3946
Stupak
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10/27/09
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A bill to amend the Federal Water Pollution Control Act to prohibit the sale of dishwashing detergent in the United States if the detergent contains a high level of phosphorus
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Referred to the House Committee on Transportation and Infrastructure
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H.R. 3945
Spratt
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10/27/09
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A bill to suspend temporarily the duty on Himic Anhydride
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Referred to the House Committee on Ways and Means
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Fax: (305) 261-0403
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