Sandler, Travis & Rosenberg Trade Report

The Bureau of Industry and Security is seeking comments by Oct. 14 for its annual review of whether the foreign policy-based export controls in the Export Administration Regulations should be modified, rescinded or extended from January 21, 2016, to January 20, 2017.

Containing elements of both the original and supplemental proposals, these rules require human and animal food facilities to develop and implement written food safety plans that indicate the possible problems that could affect the safety of their products and outline steps they would take to prevent or significantly minimize the likelihood of those problems occurring.

The forthcoming test will evaluate the feasibility of requiring rail carriers to file export manifest data and the functionality of filing such data to ACE within a specific timeframe: at least two hours prior to loading of the cargo onto the rail car in preparation for departure from the U.S.; or, for empty rail cars, upon assembly of the train.

Imports of these plants and plant products must now be accompanied by an import declaration (PPQ form 505) that contains, among other things, the scientific name of the plant, the value of the importation, the quantity of the plant and the name of the country where the plant was harvested.

California Gov. Jerry Brown signed into law Sept. 1 legislation that eases the state’s requirements for labeling products as having been made in the United States. The change gives apparel and other companies additional flexibility in sourcing their products and could lower their susceptibility to litigation.

The monthly U.S. trade deficit in goods and services fell 7.3 percent in July to $41.9 billion, the lowest total in five months, according to trade statistics released Sept. 3 by the Department of Commerce. Press reports note that so far this year the deficit is 3.6 percent higher than in 2014 due in large part to a drop in exports attributable to factors such as a stronger U.S. dollar and economic struggles in overseas markets.

This report provides data on U.S. production, imports, exports and consumption for the period 2012–2014 for five cotton articles that are being considered for designation as GSP-eligible when imported from least-developed beneficiary developing countries.

U.S. Customs and Border Protection is reopening through Oct. 1 the period for public comments on its proposal to revise the existing information collection associated with the Customs-Trade Partnership Against Terrorism to include information collection requirements for the Trusted Trader Program.

U.S. Customs and Border Protection officials have announced that in response to concerns about stakeholder readiness it is pushing back the deadline for mandatory use of the Automated Commercial Environment for all electronic entry and entry summary filing from Nov. 1, 2015, to Feb. 28, 2016.

The U.S. and Mexico recently inaugurated the West Rail Bypass International Bridge in Brownsville, Texas, the first new international rail crossing between the two countries in 105 years.

Tariffs on a wide range of products not ordinarily considered to be environmental goods could be eliminated under an agreement currently being negotiated by the U.S. and 13 other countries. Companies interested in such an outcome have a limited opportunity to indicate their support as part of two separate investigations being conducted by the International Trade Commission.

The Government Accountability Office recently reported that conflict mineral disclosures filed with the Securities and Exchange Commission for the first time in 2014 indicated that most companies were unable to determine the source of their conflict minerals. The news came the same day that a federal court upheld its previous ruling against one of the disclosure requirements in the SEC conflict mineral regulations.

In a split decision, the Court of Appeals for the Federal Circuit recently ruled that the International Trade Commission has authority to issue exclusion orders banning imports of articles that induce patent infringement after importation. Press sources indicate that the ruling, which could affect a broad range of imported goods, may be appealed to the Supreme Court. In addition, the court is considering in a separate case whether to extend its reasoning to digital transmissions as well as tangible goods.