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Miscellaneous International Trade Notices

1. Senate Passes U.S.-Oman FTA Implementing Legislation Under House Bill

The Secretary of Commerce has issued a press release announcing that on September 19, 2006, the Senate passed H.R. 5684, implementing legislation for the U.S.-Oman Free Trade Agreement (FTA). The Senate had previously passed such legislation under a Senate bill number (S. 3569), but was required to pass the legislation under a House bill number. (See ITT's Online Archives or 07/25/06 news, 06072599 1, for previous BP summary on the passage by the House and Senate of U.S.-Oman FTA implementing legislation. (Press release, dated 09/19/06, available at http://www.commerce.gov/opa/press/Secretary_Gutierrez/2006_Releases/September/19_Gutierrez_US-Oman_FreeTrade_Agreement_stmnt.htm.)

2. South Korea Resumes Importation of Certain U.S. Boneless Beef

The Washington File has reported that South Korea announced on September 7, 2006 that it will resume importing U.S. boneless beef from cattle less than 30 months of age. The Washington File notes that South Korea signed an agreement in January 2006 to resume importing U.S. beef. (Washington File Pub 09/08/06, available at http://usinfo.state.gov/xarchives/display.html?p=washfile-english&y=2006&m=September&x=20060908132343ajesrom0.4088556)

3. BIS Corrects Final Rule Amending EAR to Reflect MTCR Changes

The Bureau of Industry and Security (BIS) has issued a notice which corrects a July 31, 2006 final rule that amended the Export Administration Regulations (EAR) to reflect changes to the Missile Technology Control Regime (MTCR) Annex that were agreed to by MTCR member countries at the September 2005 Plenary in Madrid, Spain. This notice corrects an error in the amendatory language for Export Control Classification Number (ECCN) 9A120. (See ITT's Online Archives or 08/02/06 news, 06080225, for BP summary of the final rule.) (D/N 060714193-6193-01, FR Pub 09/06/06, available at http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/pdf/E6-14739.pdf)

4. DOT Extends Comment Deadline for IATA Tariff Conference Proceeding

The Department of Transportation (DOT) has directed all interested persons to show cause why it should not issue an order withdrawing its approval under 49 USC 31309 for an International Air Transport Association (IATA) agreement, the Provisions for Conduct of the IATA Traffic Conferences, insofar as that agreement establishes tariff conferences whereby IATA's member carriers discuss and agree upon passenger fares and cargo rates for U.S.-Australia/Europe markets. The due date for comments is now October 20, 2006 (from August 21, 2006) with replies due November 20, 2006. (Order 2006-07-3, D/N OST-2006-25307, FR Pub 08/23/06, available at http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/pdf/E6-13958.pdf)

5. FDA Amends Its Nutrition Labeling of Dietary Supplements Regulations

The Food and Drug Administration (FDA) has issued a final rule, effective August 31, 2006, that makes a technical amendment to its nutrition labeling of dietary supplements at 21 CFR 101.36. FDA states that this action is being taken to ensure the accuracy of FDA's regulations. (D/N 1994P-0036 (Formerly 94P-0036), FR Pub 08/31/06, available at http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/pdf/06-7306.pdf)

6. President Continues Exercise of Certain Trading With the Enemy Act Authorities

On September 13, 2006, the President determined to continue for one year the exercise of certain authorities under the Trading with the Enemy Act. According to the President's determination, the exercise of these authorities will be continued with respect to countries affected by the Foreign Assets Control Regulations (31 CFR Part 500), the Transaction Control Regulations (31 CFR Part 505) and the Cuban Assets Control Regulations (31 CFR Part 515). (Pres. Det. No. 2006-23, FR Pub 09/15/06, available at http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/pdf/06-7734.pdf)

7. ATF Proposed Rule Would Amend Term "Propellant Actuated Device," Etc.

The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) has issued a proposed rule which would amend 27 CFR Part 555 to clarify that the term "propellant actuated device" does not include hobby rocket motors or rocket-motor reload kits consisting of or containing ammonium perchlorate composite propellant (APCP), black powder, or other similar low explosives. (D/N ATF 9P; AG Order No. 2830-2006, FR Pub 08/11/06, available athttp://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/pdf/E6-13201.pdf)

8. Treasury Final Rule on Terrorism Risk Insurance Program

The Treasury Department has issued a final rule, effective September 25, 2006, as part of its implementation of amendments made to Title I of the Terrorism Risk Insurance Act of 2002 by the Terrorism Risk Insurance Extension Act of 2005. Among other things, the Extension Act extends the program through December 31, 2007 and makes other changes which are implemented by this final rule. In particular, the final rule addresses changes to the types of commercial property and casualty insurance covered by the Act, the requirements to satisfy the Act's mandatory availability provision, etc. (See ITT's Online Archives or 05/12/06 news, 06051299 6, for BP summary of the Treasury's interim final rule.) (Treasury Final Rule, FR Pub 08/25/06, available at http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/pdf/E6-14180.pdf

9. FDA Posts Various Notices to its Web Site

The Food and Drug Administration (FDA) has posted the following notices to its Web site:

Consumer advisory on refrigeration of carrot juice. FDA has posted to its Web site a consumer advisory on the vital importance of keeping carrot juice - including pasteurized carrot juice - refrigerated. FDA states that there are three cases of botulism in the state of Georgia associated with pasteurized carrot juice that may have been due to the product not being properly refrigerated. (FDA advisory,dated 09/17/06, available at http://www.fda.gov/bbs/topics/NEWS/2006/NEW01454.html)

Q&A on nationwide E. coli O157:H7 outbreak in spinach. FDA has posted to its Web site an updated question and answer (Q&A) document on the nationwide E. coli O157:H7 outbreak. (FDA Q&A, updated 09/17/06, available at http://www.cfsan.fda.gov/dms/spinacqa.html)

FDA statement on foodborne E. coli O157:H7 outbreak in spinach. FDA has posted to its Web site an updated statement on the foodborne E. coli O157:H7 outbreak in spinach. FDA states that it will provide daily statement updates on the outbreak until further notice. The statement includes information on E. coli case reports, states affected, consumer advice, symptoms of the illness, etc. (FDA statement, updated 09/19/06, available at http://www.fda.gov/bbs/topics/NEWS/2006/NEW01458.html)

10. Recent CPSC Press Releases on Recalls

The Consumer Product Safety Commission (CPSC) has issued separate press releases (dated 07/01/06 - 07/31/06) announcing that the following companies, in cooperation with the CPSC, are voluntarily recalling the products listed below. Due to the large number of recalls, this is Part II of a two-part series of summaries. (Press releases available at http://www.cpsc.gov/cpscpub/prerel/prereljul06.html)

Code Legend according to releases: D - Distributor, I - Importer, M - Manufacturer, N/A - Not Applicable, R - Retailer, W - Wholesaler, A - Agent.

11. FMC Lists OTI Applications

The Federal Maritime Commission (FMC) has issued one notice listing those applying for Ocean Transportation Intermediary (OTI) licenses as a non-vessel-operating common carrier (NVOCC), ocean freight forwarder (FF) or NVOCC/FF OTI, as follows:

Applications
NVOCC OTI applicants:
Sony Supply Chain Solutions (America), Inc. (CA)
C & S Shipping, LLC (CA)
Agencia Internacional (MA)
Western Shipping America, Inc. (CA)
Cargo Station dba Accord Logistics USA (CA)
Sea & Air International, Inc. (NY)
World Transport Agency Limited (United Kingdom)
Ultimate Lines, Inc. (MO)
Dynamic L.A., A California Corporation (CA)
NVOCC/FF OTI applicants:
Summit of Washington LLC (WA)
FF/OTI applicants:
JK Moving & Storage Inc. (VA)
Nick's International Shipping, Inc. (NY)
Cargo Control, Inc. (NY)

FMC notice (FR Pub (07/26/06) available at http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/pdf/E6-11957.pdf)