In Candle Corporation of America (CCA) and Blyth, Inc. v. International Trade Commission (ITC) et al., the Court of International Trade (CIT) determined that a domestic producer that failed to support the antidumping (AD) petition on petroleum wax candles from China is not eligible to collect offset distributions under the Continued Dumping and Subsidy Offset Act of 2000 (Byrd Amendment).

The Federal Maritime Commission (FMC) has announced that it is reopening until February 23, 2004, the comment periods on three petitions that were filed with the FMC requesting to be exemptor partially exempt from certain provisions of Section 9 of the Shipping Act of 1984 (46 USC app. 1708) (Controlled Carrier Act), which would enable the petitioners to reduce tariff rates immediately, rather than be subject to the thirty-day waiting period prescribed by the Controlled Carrier Act¹.

The Federal Maritime Commission (FMC) has issued a proposed rule which would amend its regulations governing proof of financial responsibility for ocean transportation intermediaries (OTIs) by allowing an optional rider for additional coverage to be filed with a licensed non-vessel operating common carrier's (NVOCC's) proof of financial responsibility for such carriers serving the U.S. oceanborne trade with China.

The Office of the U.S. Trade Representative (USTR) has issued a press release announcing that the U.S. and Costa Rica have concluded negotiations to finalize Costa Rica's participation in the U.S.-Central America Free Trade Agreement (CAFTA).

U.S. Customs and Border Protection (CBP) has posted to its Web site its January 2004 U.S. Customs and Border Protection Modernization newsletter which discusses, among other things, CBP's plans for expansion of the Automated Commercial Environment (ACE) in 2004. The following are "highlights" of CBP's January 2004 newsletter:

According to the State Department, effective January 15, 2004, its Directorate of Defense Trade Controls (DDTC), through the use of the D-Trade electronic licensing system, is prepared to receive and adjudicate fully electronic defense export authorization requests properly submitted by any U.S. person who is a defense trade registrant and wishes to permanently export unclassified defense articles via the Form DSP-5 or furnish defense services via Technical Assistance Agreements (TAAs).

U.S. Customs and Border Protection (CBP) has issued a press release stating that Fiscal Year (FY) 2003 was a record-breaking year for the volume of trade entering through U.S. seaports and borders. According to CBP, it collected nearly $1 billion more in revenue for the federal government in FY 2003 than in FY 2002.

According to The Journal of Commerce, the submission to the Coast Guard of vessel and facility security plans by December 31, 2003 was only the first step as the crucial deadline is July 1, 2004, when vessels and shoreside facilities must have their security plans in operation. The article states that the Coast Guard plans to review the port security plans during the January-March 2003 time frame and by July 1, 2004, port facilities have to be operating in compliance. After that time, the Coast Guard will make unscheduled facility visits to make sure the plans are in operation. (JoC dated 01/12-18/04, www.joc.com.)

U.S. Customs and Border Protection (CBP) has issued a press release stating that it made 6,500 seizures of merchandise in violation of intellectual property rights (IPR) laws in Fiscal Year (FY) 2003, an increase of about 700 seizures over FY 2002, with the value of FY 2003 IPR seizures amounting to $94 million.

The International Trade Administration (ITA) frequently issues notices on antidumping (AD) and countervailing (CV) duty orders which Broker Power considers to be "minor" in importance as they concern actions that occur after an order is issued and neither announce nor cause any changes to an order's duty rates, scope, affected firms, or effective period.