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Trade Report Contact:
Shawn McCausland

Press Contact:
Kate Irwin

Sandler, Travis & Rosenberg Trade Report

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2/5/2014

The Department of Justice reports that a Japan-based company has agreed to plead guilty and pay a $6.86 million criminal fine for its role in a price-fixing conspiracy involving electronic throttle bodies sold in the U.S. and elsewhere.

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2/4/2014

The Feb . 20 COAC meeting will include discussion of topics such as C-TPAT for exports, CBP export policies, improvements to the Focused Assessment process, and customs broker permits.

2/4/2014

Any companies that directly purchased airfreight shipping services for shipments to, from or within the United States from any of the defendants in this lawsuit during the period Jan. 1, 2000, through Sept. 11, 2006, may now file a claim to receive money from a recent settlement.

2/4/2014

The Food and Drug Administration is soliciting through April 7 public comments and scientific data and information that will help it refine its draft approach to identifying high-risk foods for which additional recordkeeping requirements are appropriate and necessary to protect the public health.

2/4/2014

The Department of Agriculture’s Animal and Plant Health Inspection Service has announced that as of Feb. 17 it will implement risk-based sampling of shipments of imported plants for planting at the plant inspection stations in Beltsville, Md., Orlando, Fla., Nogales, Ariz., and San Diego, Calif.

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2/3/2014

Mexican maquiladoras are now required to pay value-added tax on their imports under a tax reform law that took effect Jan. 1, 2014. This law also eliminated some tax breaks for maquilas and established strict new requirements for such factories to qualify for others.

2/3/2014

U.S. Customs and Border Protection has formally announced the expansion of the cargo release test under the Automated Commercial Environment to type 01 (consumption) and type 11 (informal) commercial entries filed in the ocean and rail modes of transportation at specified ports.

2/3/2014

The rule would apply to a person outside the U.S., such as an exporter, who ships food to the U.S. in an international freight container by oceangoing vessel or in an air freight container and arranges for the transfer of the intact container in the U.S. onto a motor vehicle or rail vehicle for transportation in U.S. commerce.

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1/31/2014

The Advance Export Information pilot is a voluntary program in which selected exporters agree to submit a limited set of electronic export information in accordance with existing filing deadlines, followed by the full set of data elements submitted within five calendar days of the date of export.

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1/30/2014

Legislation to reauthorize trade promotion authority, which is also expected to include a raft of other trade measures, is likely to experience a short delay due to the expected transition from Sen. Max Baucus, D-Mont., to Sen. Ron Wyden, D-Ore., as chairman of the Senate Finance Committee.

1/30/2014

Under FSMA, the FDA may issue a mandatory recall order for any FDA-regulated food, other than infant formula, for which it determines that (a) there is a reasonable probability that the food is adulterated or misbranded and (b) the use of or exposure to that food will cause serious adverse health consequences or death to humans or animals.

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1/29/2014

House and Senate agriculture leaders announced Jan. 27 a new five-year farm bill that leaves the door open to billions of dollars’ worth of retaliatory sanctions against U.S. exports in two separate cases being pursued at the World Trade Organization. The House is expected to pass the bill as early as Jan. 29 and the Senate could follow suit soon thereafter.

1/29/2014

Also this week the European Commission announced the launch of an advisory group of 14 “experts in consumer interests, labor law, the environment and public health, business, manufacturing, agriculture and services sectors.”

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1/28/2014

OFAC states that over an 18-month period this bank sent 69 funds transfers totaling $41.3 million for or on behalf of an entity designated as a weapons of mass destruction proliferator that were processed to or through the U.S.

1/28/2014

At the upcoming meeting committee members are expected to continue to discuss the major topics raised at previous meetings, including trade and competitiveness, freight movement and policy, information technology and data requirements, regulatory issues, and finance and infrastructure.

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1/27/2014

The effort currently includes Australia, Canada, China, Costa Rica, the European Union, Hong Kong, Japan, Korea, New Zealand, Norway, Singapore, Switzerland and Taiwan, which together account for 86% of global trade in environmental goods.

1/27/2014

OFAC states that this enforcement action highlights the particular sanctions risks faced by intermediaries, custodians and other firms operating in the international securities markets.

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1/24/2014

A letter recently made available from U.S. Customs and Border Protection to Sen. Ron Wyden, D-Ore., defends CBP’s enforcement of orders issued by the International Trade Commission to exclude patent-infringing goods from entry into the U.S. The letter also notes that CBP is working to develop a more inclusive process of issuing rulings relating to exclusion orders.

1/24/2014

This AO concludes that multipurpose die, standard packages, and integrated circuits comprised thereof are not “specially designed” because they (a) were designed with knowledge of use in a wide range of applications, including commodities such as medical equipment, passenger vehicles and consumer electronics, or (b) have the same function and performance capabilities, and the same or equivalent form and fit, as a multipurpose die, standard package, or integrated circuit comprised thereof used in a wide range of applications in production.

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1/23/2014

Signals intelligence will be collected exclusively where there is a foreign intelligence or counterintelligence purpose to support national and departmental missions, the directive states, and the collection of foreign private commercial information or trade secrets to afford a competitive advantage to U.S. companies and U.S. business sectors commercially does not qualify as such a purpose.

1/23/2014

According to a European Commission press release, the move reflects “unprecedented public interest” in the TTIP as well as a “determination to secure the right balance between protecting European investment interests and upholding governments’ right to regulate in the public interest.”

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1/22/2014

Supporters say TPA is needed to conclude and implement the Trans-Pacific Partnership and the Transatlantic Trade and Investment Partnership agreements now under negotiation, which they say will expand trade with these important regions and thereby increase U.S. employment. Opponents, meanwhile, range from those who say the TPA bill as currently written is inadequate to those who oppose granting TPA at all.

1/22/2014

The order will be financed by an assessment on importers and domestic producers that will initially be set at $0.35 per short ton.

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1/21/2014

The ban was imposed in 2010 to, as President Obama said, reduce the “undue influence of special interests that for too long has shaped the national agenda and drowned out the voices of ordinary Americans.”

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1/17/2014

The producers indicated that their doubts that the problem will be resolved satisfactorily are growing due to continued delays in passing a new U.S. farm bill, increasing skepticism that this bill will include sufficient reforms to programs deemed noncompliant with World Trade Organization rules, and the fact that the U.S. several months ago halted the monthly compensatory payments it was making to Brazil in return for a suspension of retaliation proceedings.

1/17/2014

The FMC is taking more time to investigate both the G6 and the P3 agreements due to concerns about their effects on consumer interests, the U.S.-flag international fleet, small businesses, suppliers, and third parties such as terminals, vendors and bunker operators.

1/17/2014

CBSA states that this process will allow approved and compliant exporters to report their exports without having to present a paper copy of the DFATD permit at the designated export office.

1/17/2014

Customs & International Headlines