(USDA/APHIS via World Trade Interactive)
Declaration Enforcement Postponed for Numerous Products
The U.S. Department of Agriculture, Animal and Plant Health Inspection Service, has issued a notice modifying the schedule of enforcement of the import declaration requirement under the Lacey Act amendments. This modification postpones enforcement for numerous products. Comments on this action are due by Nov. 2 (refer to APHIS-2008-0119 for contact details).
Under the Lacey Act amendments included in the 2008 Farm Bill, imports of certain plants and plant products must be accompanied by an import declaration 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 from where the plant was harvested. For paper and paperboard products containing recycled content, the declaration also must include the average percent of recycled content without regard for species or country of harvest. USDA began phasing in its enforcement of this requirement in December 2008.
After a review of comments received, further internal consideration and experience with implementation of the first phase of enforcement of the declaration requirement, the USDA has revised the phase-in schedule as follows. USDA emphasizes, however, that Lacey Act amendment provisions other than the import declaration are already effective and that actions to enforce those provisions may be taken at any time.
Revised List for Phase III
Phase III, which is scheduled to begin Oct. 1, now covers only items classified in the following HTSUS headings.
• 4402 (wood charcoal)
• 4412 (plywood, veneered panels), except 4412.99.06 and 4412.99.57
• 4414 (wooden frames)
• 4419 (tableware and kitchenware)
• 4420 (wood marquetry, caskets, statuettes)
Revised List for Phase IV
Phase IV, scheduled to begin April 1, 2010, has been substantially revised and now covers the following HTSUS headings.
• 4421 (other articles of wood)
• 6602 (walking sticks, whips, crops)
• 8201 (hand tools)
• 9201 (pianos)
• 9202 (other stringed instruments)
• 9302 (revolvers and pistols)
• 9305.10.20 (parts and accessories for revolvers and pistols)
• 9401.69 (seats with wood frames)
• 9504.20 (articles and accessories for billiards)
• 9703 (sculptures)
Future Changes
USDA states that there will be no further additions to phases III or IV and that it intends to provide at least six months’ notice to persons and industries affected by any future changes to facilitate compliance with the new requirements.
In addition, USDA is seeking comments on the following HTSUS headings currently under consideration for subsequent enforcement phases that would be scheduled to begin on or after Sept. 1, 2010.
• 4405 (wood wool [excelsior])
• 4410 (particle board)
• 4411 (fiberboard of wood)
• 4412 (plywood, including 4412.99.06 and 4412.99.57)
• 4413 (densified wood)
• 4415 (packing cases, boxes, crates, drums)
• 4416 (casks, barrels, vats, tubs)
• 4701 (mechanical wood pulp)
• 4702 (chemical wood pulp, dissolving)
• 4703 (chemical wood pulp, sulfate)
• 4704 (chemical wood pulp, sulfite)
• 4705 (combination mechanical and chemical)
• 4801 (newsprint)
• 4802 (uncoated writing paper)
• 4803 (toilet or facial tissue stock)
• 4804 (uncoated kraft paper)
• 4805 (other uncoated paper and board)
• 4806 (vegetable parchment, etc.)
• 4807 (composite paper and board)
• 4808 (corrugated paper and board)
• 4809 (carbon paper)
• 4810 (coated paper and board)
• 4811 (paper coated, etc.)
• 6601 (umbrellas)
• 6603 (umbrella parts)
• 9205 (wind musical instruments)
• 9401 (seats)
• 9403.30 (wooden office furniture)
• 9403.40 (wooden kitchen furniture)
• 9403.50 (wooden bedroom furniture)
• 9403.60 (other wooden furniture)
• 9403.81 (furniture of cane, osier, bamboo, rattan or similar materials)
• 9504 (articles for arcade, table or parlor games)
Finally, USDA continues to consider the applicability of the import declaration requirement to other products not included in the revised phase-in schedule or listed above and seeks comment on how this requirement should be enforced as to additional goods classified under the following HTSUS chapters.
• chapter 48 (paper and articles of)
• chapter 82 (tools, implements)
• chapter 89 (ships, boats and floating structures)
• chapter 93 (arms and ammunition)
• chapter 94 (furniture, etc.)
• chapter 95 (toys, games and sporting equipment)
• chapter 96 (brooms, pencils, buttons)
Enforcement Delayed for Composite, Recycled, Reused Materials
Several commenters contended that identifying composite and recycled or reused materials (e.g., medium density fiberboard, particleboard and scrap wood) to the genus and/or species level would be difficult and in some cases impossible. In response to those comments, USDA has decided to further delay enforcement of the declaration requirement for these products so that it would begin no earlier than Sept. 1, 2010.
Use of Spp. to Identify Species of Imported Plants
Several commenters proposed that USDA allow for importers to provide only the genus name in circumstances where the individual species would be difficult to identify. USDA has responded by stating that in circumstances where the list of possible species in a particular product includes all species in a genus, it is acceptable to use “spp.” following the genus name on the import declaration form. However, when reference to all possible species in a genus is not accurate (based on geographical or other factors), importers are expected to provide either the single genus and species or a specific list on the import declaration form of all possible species that may have been used to produce the plant product.
Federal Register Reference: Implementation of Revised Lacey Act Provisions, September 2, 2009 available here (PDF).
Friday, September 4, 2009
Backpedaling, China Eases Proposal to Ban Exports of Some Vital Minerals
(New York Times – Keith Bradsher)
Chinese officials said on Thursday that they would not entirely ban exports of two minerals vital to manufacturing hybrid cars, cellphones, large wind turbines, missiles and computer monitors, although they would tightly regulate production.
China produces more than 99% of the world’s supply of dysprosium and terbium, two rare minerals essential to recent breakthroughs in high-technology industries.
A bureaucratic reshuffling in Beijing this year prompted a review of Chinese policy, and regulations were drafted that would ban the export of these minerals. That incited anger and dismay from Western governments and multinational companies that depend on Chinese supplies.Read more here.
Chinese officials said on Thursday that they would not entirely ban exports of two minerals vital to manufacturing hybrid cars, cellphones, large wind turbines, missiles and computer monitors, although they would tightly regulate production.
China produces more than 99% of the world’s supply of dysprosium and terbium, two rare minerals essential to recent breakthroughs in high-technology industries.
A bureaucratic reshuffling in Beijing this year prompted a review of Chinese policy, and regulations were drafted that would ban the export of these minerals. That incited anger and dismay from Western governments and multinational companies that depend on Chinese supplies.Read more here.
Tariff Schedule on NAFTA Rules of Origin, Israeli Farm Goods Amended
(White House via WTI)
President Obama has issued a proclamation amending the Harmonized Tariff Schedule of the U.S. to reflect numerous changes to the rules of origin under NAFTA as well as the duty-free treatment afforded to certain agricultural products from Israel.
Presidential proclamation 8097 of December 29, 2006, modified the HTSUS to reflect amendments to the International Convention on the Harmonized Commodity Description and Coding System and to ensure the continuation of the staged duty rate reductions under NAFTA for originating goods of Mexico in tariff categories that were affected by those amendments.
The U.S., Canada and Mexico have now agreed to modify certain NAFTA rules of origin to ensure that the tariff and certain other treatment accorded to originating goods will continue to be provided under the tariff categories that were modified in proclamation 8097. This proclamation will implement these changes, which are detailed in annexes I and II in the attached report from the International Trade Commission, with respect to goods entered, or withdrawn from warehouse for consumption, on or after October 2.
In addition, this proclamation makes certain technical amendments to the HTSUS, detailed in annex III of the attached ITC report, that are necessary to conform it to the Harmonized System.
Finally, this proclamation modifies the HTSUS, as detailed in annex IV of the attached ITC report, to reflect the duty-free treatment provided to specified quantities of certain agricultural products of Israel through Dec. 31, 2009, pursuant to the U.S.-Israel Free Trade Agreement and a 2004 bilateral agreement on trade in agricultural products.
President Obama has issued a proclamation amending the Harmonized Tariff Schedule of the U.S. to reflect numerous changes to the rules of origin under NAFTA as well as the duty-free treatment afforded to certain agricultural products from Israel.
Presidential proclamation 8097 of December 29, 2006, modified the HTSUS to reflect amendments to the International Convention on the Harmonized Commodity Description and Coding System and to ensure the continuation of the staged duty rate reductions under NAFTA for originating goods of Mexico in tariff categories that were affected by those amendments.
The U.S., Canada and Mexico have now agreed to modify certain NAFTA rules of origin to ensure that the tariff and certain other treatment accorded to originating goods will continue to be provided under the tariff categories that were modified in proclamation 8097. This proclamation will implement these changes, which are detailed in annexes I and II in the attached report from the International Trade Commission, with respect to goods entered, or withdrawn from warehouse for consumption, on or after October 2.
In addition, this proclamation makes certain technical amendments to the HTSUS, detailed in annex III of the attached ITC report, that are necessary to conform it to the Harmonized System.
Finally, this proclamation modifies the HTSUS, as detailed in annex IV of the attached ITC report, to reflect the duty-free treatment provided to specified quantities of certain agricultural products of Israel through Dec. 31, 2009, pursuant to the U.S.-Israel Free Trade Agreement and a 2004 bilateral agreement on trade in agricultural products.
Thursday, September 3, 2009
Global Recession Ending: OECD
(Reuters – Brian Love)
The global recession is coming to an end faster than thought a few months ago and may already be over, but recovery will rely on massive government spending and low interest rates for some time, the OECD said on Thursday.
The Organization for Economic Co-operation and Development issued forecasts showing a broad return to economic expansion in the third quarter of 2009. It also said that while authorities needed to map out a strategy for withdrawal of fiscal and monetary stimulus once recovery was surer, now was no time to economies off life support.
Read the complete article here. Click here for the OECD document and the press conference.
The global recession is coming to an end faster than thought a few months ago and may already be over, but recovery will rely on massive government spending and low interest rates for some time, the OECD said on Thursday.
The Organization for Economic Co-operation and Development issued forecasts showing a broad return to economic expansion in the third quarter of 2009. It also said that while authorities needed to map out a strategy for withdrawal of fiscal and monetary stimulus once recovery was surer, now was no time to economies off life support.
Read the complete article here. Click here for the OECD document and the press conference.
China to Formulate New System of Food Safety Standards
(China View)
China is now working on a new system of food safety standards that is expected to guarantee people’s health and be more compatible with international norms, said a senior health official Saturday in Beijing.
“The Ministry of Health is now working with other government agencies to formulate a new system of food safety standards, as required by the country’s new food safety law that went into effect June 1 this year,” said Vice Minister of Health Chen Xiaohong at the Food and Drug Safety Responsibility Forum on Saturday.
According to Chen, the new system will integrate existing food safety standards, eliminate areas that overlap or contradict each other, and establish new standards for areas that previously lacked regulation.
“The amount of pathogenic microorganisms, pesticide residue, microorganism residue, heavy metals and pollutants in food products, as well as the use of food additives are the priority areas,” noted Chen. “We are also building up an expert team on food safety standards.” Chen promised transparency in the making of the new system and encouraged experts and enterprises to submit suggestions. The new system will also be subject to the opinions of international organizations and other countries, in line with a request from the WTO, he said. Read more here.
China is now working on a new system of food safety standards that is expected to guarantee people’s health and be more compatible with international norms, said a senior health official Saturday in Beijing.
“The Ministry of Health is now working with other government agencies to formulate a new system of food safety standards, as required by the country’s new food safety law that went into effect June 1 this year,” said Vice Minister of Health Chen Xiaohong at the Food and Drug Safety Responsibility Forum on Saturday.
According to Chen, the new system will integrate existing food safety standards, eliminate areas that overlap or contradict each other, and establish new standards for areas that previously lacked regulation.
“The amount of pathogenic microorganisms, pesticide residue, microorganism residue, heavy metals and pollutants in food products, as well as the use of food additives are the priority areas,” noted Chen. “We are also building up an expert team on food safety standards.” Chen promised transparency in the making of the new system and encouraged experts and enterprises to submit suggestions. The new system will also be subject to the opinions of international organizations and other countries, in line with a request from the WTO, he said. Read more here.
Small Food Producers Question Greater FDA Powers
(Business Week – David E. Gumpert)
New food safety legislation aimed at big producers will impose costly record-keeping and testing burdens on small farmers and food producers
There’s a big push in Washington to pass new food safety legislation. The House has already passed a major bill, the Food Safety Enhancement Act of 2009, which would significantly expand the Food & Drug Administration’s authority to oversee food companies, and the Senate is expected to act on a similar version once its recess ends after Labor Day. President Barack Obama has indicated he will sign whatever the legislators finally approve.
The intensive action is coming in response to a number of highly publicized food recalls involving everything from peanut butter to spinach to cookie dough to raw hamburger over the last three years. The new law would seem to reduce the chances of food contamination by clamping down on producers – requiring detailed, written, quality plans, more frequent FDA inspections, and tough penalties for violations.
But when you speak with small producers such as Pascal Destandau, you have to wonder if the government is taking a sledgehammer to a porcelain cup. His Pugs Leap Farm in California’s Sonoma County produces goat cheese as well as vegetables, fruit, and nuts. It grosses in the neighborhood of $100,000 a year selling at farmers’ markets and to restaurants.
Under the legislation, food producers large and small will be required to “implement a food safety plan,” which is commonly understood to be a cumbersome process known as a Hazard Analysis and Critical Control Points (HACCP) plan for each food product they sell. Destandau worked for many years in a large pharmaceutical and personal care company – and knows much about HACCP plans. Read more here.
New food safety legislation aimed at big producers will impose costly record-keeping and testing burdens on small farmers and food producers
There’s a big push in Washington to pass new food safety legislation. The House has already passed a major bill, the Food Safety Enhancement Act of 2009, which would significantly expand the Food & Drug Administration’s authority to oversee food companies, and the Senate is expected to act on a similar version once its recess ends after Labor Day. President Barack Obama has indicated he will sign whatever the legislators finally approve.
The intensive action is coming in response to a number of highly publicized food recalls involving everything from peanut butter to spinach to cookie dough to raw hamburger over the last three years. The new law would seem to reduce the chances of food contamination by clamping down on producers – requiring detailed, written, quality plans, more frequent FDA inspections, and tough penalties for violations.
But when you speak with small producers such as Pascal Destandau, you have to wonder if the government is taking a sledgehammer to a porcelain cup. His Pugs Leap Farm in California’s Sonoma County produces goat cheese as well as vegetables, fruit, and nuts. It grosses in the neighborhood of $100,000 a year selling at farmers’ markets and to restaurants.
Under the legislation, food producers large and small will be required to “implement a food safety plan,” which is commonly understood to be a cumbersome process known as a Hazard Analysis and Critical Control Points (HACCP) plan for each food product they sell. Destandau worked for many years in a large pharmaceutical and personal care company – and knows much about HACCP plans. Read more here.
Wednesday, September 2, 2009
CPSC Outlines Process for Accreditation of Conformity Assessment Bodies for Certain Children’s Products
(World Trade Interactive)
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 specific CPSC regulations relating to bicycle helmets, dive sticks and similar articles, rattles, bicycles and bunk beds. 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-partyconformity 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 September 2, the CPSC will not enforce them at least until February 10, 2010. Comments on this notice, including the procedures and the accreditation approach in general, are due by October 2.
Read the complete article along with links to source documents here.
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 specific CPSC regulations relating to bicycle helmets, dive sticks and similar articles, rattles, bicycles and bunk beds. 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-partyconformity 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 September 2, the CPSC will not enforce them at least until February 10, 2010. Comments on this notice, including the procedures and the accreditation approach in general, are due by October 2.
Read the complete article along with links to source documents here.
Tuesday, September 1, 2009
New on CBP Website: “Are My Goods Subject to Quota?”
(CBP)
Import quotas control the amount or volume of various commodities that can be imported into the United States during a specified period of time. Quotas are established by legislation and Presidential proclamations issued pursuant to specific legislation and provided for in the Harmonized Tariff Schedule of the United States (HTSUS).
There are three types of quotas: absolute, tariff-rate, and tariff preference level. Absolute quotas strictly limit the quantity of goods that may enter the commerce of the United States for a specific period. Currently, no goods are subject to absolute quota restrictions. Tariff Rate Quotas (TRQs) permit a specified quantity of imported merchandise to be entered at a reduced rate of duty during the quota period. Once the tariff-rate quota limit is reached, goods may still be entered but at a higher rate of duty. Many Free Trade Agreements (FTAs) and other special trade legislation establish Tariff Preference Levels (TPLs) that Customs and Border Protection (CBP) administers like tariff rate quotas.
Click here for information to assist in determining whether merchandise is subject to quota restrictions as well as links to relevant references.
Import quotas control the amount or volume of various commodities that can be imported into the United States during a specified period of time. Quotas are established by legislation and Presidential proclamations issued pursuant to specific legislation and provided for in the Harmonized Tariff Schedule of the United States (HTSUS).
There are three types of quotas: absolute, tariff-rate, and tariff preference level. Absolute quotas strictly limit the quantity of goods that may enter the commerce of the United States for a specific period. Currently, no goods are subject to absolute quota restrictions. Tariff Rate Quotas (TRQs) permit a specified quantity of imported merchandise to be entered at a reduced rate of duty during the quota period. Once the tariff-rate quota limit is reached, goods may still be entered but at a higher rate of duty. Many Free Trade Agreements (FTAs) and other special trade legislation establish Tariff Preference Levels (TPLs) that Customs and Border Protection (CBP) administers like tariff rate quotas.
Click here for information to assist in determining whether merchandise is subject to quota restrictions as well as links to relevant references.
Compliance Failures Could Cost U.S. Importers Dearly in 2010
(eyefortransport – Matt Gersper, Global Data Mining)
Failure to comply with the Importer Security Filing (ISF) regulations could cause delays and fines that spell financial disaster for unprepared US businesses, says Matt Gersper, founder & president of Global Data Mining.
Gersper says there are three major reasons why business leaders should make sure that their companies are compliant, and each reason has a direct bottom-line impact.
• The risk of significant penalties for non-compliance: According to the ISF regulations, commonly referred to as 10+2, effective January 26 next year, an importer can be fined $5,000 per filing if an ISF is late, incomplete or inaccurate, and up to $10,000 per filing for two or more violations.
• Custom & Border Protection’s (CBP’s) renewed commitment to trade law enforcement and accurate revenue collection, which is the U.S. government’s No.2 strategic goal – ahead of improving national and economic security.
• The impact of supply chain delays: according to a recent study by the National Association of Manufacturers (NAM), the ISF regulation will create a permanent 2.8 day delay in supply chain speed.
Research into the current state of ISF compliance and the impact this regulation has (and will have) on the supply chain reveals that:
• Providing timely ISF data is a challenge for nearly 60% of companies
• Collecting complete ISF data is a struggle for nearly 40%
• Around 20% have problems with the accuracy of the data they provide
These are the very three issues causing penalties to be assessed. Read more here.
Failure to comply with the Importer Security Filing (ISF) regulations could cause delays and fines that spell financial disaster for unprepared US businesses, says Matt Gersper, founder & president of Global Data Mining.
Gersper says there are three major reasons why business leaders should make sure that their companies are compliant, and each reason has a direct bottom-line impact.
• The risk of significant penalties for non-compliance: According to the ISF regulations, commonly referred to as 10+2, effective January 26 next year, an importer can be fined $5,000 per filing if an ISF is late, incomplete or inaccurate, and up to $10,000 per filing for two or more violations.
• Custom & Border Protection’s (CBP’s) renewed commitment to trade law enforcement and accurate revenue collection, which is the U.S. government’s No.2 strategic goal – ahead of improving national and economic security.
• The impact of supply chain delays: according to a recent study by the National Association of Manufacturers (NAM), the ISF regulation will create a permanent 2.8 day delay in supply chain speed.
Research into the current state of ISF compliance and the impact this regulation has (and will have) on the supply chain reveals that:
• Providing timely ISF data is a challenge for nearly 60% of companies
• Collecting complete ISF data is a struggle for nearly 40%
• Around 20% have problems with the accuracy of the data they provide
These are the very three issues causing penalties to be assessed. Read more here.
Canada Retail Food Sector Report 2009
(FlexNews – USDA)
In CY2008 Canada’s 33.5 million consumers generated overall retail sales totaling C$425.3 billion, representing a 3.4% increase over 2007. Food sales (excluding those from beer, wine and liquor stores) registered an annual sales increase of 3.9% over 2007 to reach C$79 billion or 18.5% of total retail sales.
This report (PDF) provides a snapshot of the Canadian retail food sector to assist U.S. food producers who wish to explore the possibilities of exporting to Canada, the largest market for U.S. agricultural products.
In CY2008 Canada’s 33.5 million consumers generated overall retail sales totaling C$425.3 billion, representing a 3.4% increase over 2007. Food sales (excluding those from beer, wine and liquor stores) registered an annual sales increase of 3.9% over 2007 to reach C$79 billion or 18.5% of total retail sales.
This report (PDF) provides a snapshot of the Canadian retail food sector to assist U.S. food producers who wish to explore the possibilities of exporting to Canada, the largest market for U.S. agricultural products.
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