This bulletin has been prepared especially for
clients of A. N. Deringer, Inc. by:
SERKO SIMON GLUCK & KANE LLP –
Customs & International Trade Law
September 27, 2006
CUSTOMS and BORDER PROTECTION (CBP)
- C-TPAT
Profile Must be Updated By October 1, 2006: All
C-TPAT members are required to access and update their information on the
C-TPAT Security Link Portal Account before October 1, 2006. Failure to update will result in the loss
of program benefits and withdrawal from the program; CBP will not issue
any extensions.
- Quota
Pre-Processing Extended: CBP recently announced that it is
extending its quota pre-processing test until December 31, 2008 for
eligible goods of Chapters 61 and 62.
- Disclosure
of Business Information: Effective October 16, 2006, CBP is
adopting as final its 2003 interim rule regarding the disclosure of sensitive
business information, including information subject to a FOIA request. When designated as sensitive, CBP will
give written notice to the importer when their information is subject to a
FOIA request. CBP’s final rule on
the release of commercial information can be accessed at: http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/pdf/E6-15225.pdf
TRADE TALK
U.S.-Oman FTA – The U.S. Senate approved implementing legislation for
the U.S.-Oman Free Trade Agreement (FTA).
The bill must now go to the President for his signature and the issuance of a Presidential Proclamation before
coming into effect.
U.S.-Uruguay Investment Treaty – The U.S. Senate recently approved the U.S.-Uruguay
Bilateral Investment Treaty (BIT). BIT’s
are intended to foster closer economic relationships
and are sometimes used as a precursor to FTA talks.
U.S.-Mauritius – The U.S.
and Mauritius
recently signed a Trade and Investment Framework Agreement (TIFA) to foster
economic ties and provide a mechanism to address bilateral trade issues.
Extension of GSP Program – A bill (H.R. 6142) was recently introduced by the Chairman
of the U.S. Congress’ House Ways and Means Committee which would extend the
Generalized System of Preferences (GSP) program an additional two years, i.e.,
until December 31, 2008 (currently set to expire on December 31, 2006). The bill would eliminate waivers of the
Competitive Needs Limits (CNL) from countries whose exports of a particular product category totals at
least $1.5 billion. In addition, waivers
will be eliminated for countries
whose per capita income exceeds $3,400.
Bulgaria and Romania – The EU Commission recommended that Bulgaria
and Romania
Join the EU bloc on January 1, 2007. Bulgaria and Romania will lose their GSP eligibility
as soon as they join the EU.
Metal Calendar Slides – The U.S. Commerce Department (DOC) terminated its antidumping
(AD) investigation of metal calendar slides from Japan.
Tissue Paper – The DOC initiated an AD circumvention investigation
into certain tissue papers from China
which are subject to an AD order for allegedly being shipped to Vietnam for
final completion and circumvention of the AD order.
- Section
337 Trademark Investigations: The DOC recently announced the following
regarding Section 337 complaints alleging trademark violations:
Consumer Batteries - The receipt of a complaint regarding
certain imported nickel metal
hydride consumer batteries, components thereof, and consumer electronic
products containing same.
Certain Engines - The receipt of a complaint regarding certain imported engines,
components thereof, and products containing same.
Hydraulic
Excavators – The
receipt of a complaint regarding certain hydraulic excavators and components
thereof.
Audio Processing Circuits – Termination of
investigation of certain audio processing integrated circuits and products
containing same.
WORLD TRADE ORGANIZATION (WTO)
- WTO Agrees with U.S.
Zeroing: Following a complaint by Japan, a WTO Dispute Settlement Body (DSB)
found that the use of “zeroing” (allocating a zero value for companies
selling at higher prices than in the U.S.) in certain AD reviews
does not violate WTO rules. A DSB panel has previously found that
zeroing violates WTO rules.
- U.S.-Canada Lumber Agreement Finalized: The Canadian House of Commons recently approved the U.S.- Canada
Softwood Lumber Agreement, ending the most contentious trade issue between
two of the world’s largest trading partners. Notice packets have already been sent to
Canadian softwood lumber exporters apprising them of Canada’s new export taxes which replace the
U.S.
AD and countervailing duties.
TRANSPORTATION TIDBITS
- Veto of Cargo Container Fees: California’s governor recently vetoed a state bill
which would have levied a $60 fee on all 40-foot containers passing
through California’s
ports. The fees, which were opposed
by shippers, would have been allocated for security, environmental
measures, and infrastructure upgrades.
- New Port of Entry: CBP
established a new port of entry at Sacramento,
California.
LEGISLATIVE DEVELOPMENTS
- Wool Labeling Fairness Act: U.S. Congress passed the Wool Suit Fabric Labeling Fairness and
International Standards Conforming Act (H.R. 4583) to incorporate the
international standards for using the “super” fineness designation for
wool, and to statutorily define what cashmere is.
Serko Simon
Gluck & Kane LLP
1700 Broadway, 31st Floor
New York, New York
10019
Phone (212) 775-005 Fax (212) 839-9103
Outside of New York
State: 1-800-46-TRADE
E-mail address: serko-simon@customs-law.com On the
internet at: www.customs-law.com
Note: This
information is current as of the date of this document, and is not, nor is it
intended to be, legal advice, which can only be provided by Serko Simon Gluck
&Kane LLP on a case-by-case basis. ©2006
This Trade Alert has been
prepared by Chaim Appel, Technical
Advisor.