China’s Ministry of Commerce has reportedly announced that it will require importers of U.S.-grown sorghum to pay a 178.6 percent deposit in anticipation of anti-dumping tariffs, which may discourage imports and directly affect American growers. A Chinese investigation apparently concluded that U.S. sorghum is being dumped on the Chinese market, despite denials from U.S. officials. “This approach is in line with Chinese law and [World Trade Organization] rules; it aims at correcting unfair trade practices, maintaining normal trade and competition order,” Wang Hejun, director of the ministry’s trade remedy and investigation bureau, reportedly said in a statement.
Tag Archives import/export
Alleging unfair trade restrictions, the Vietnamese government has asked the World Trade Organization (WTO) to consult with the United States to discuss limitations on catfish imports. Vietnam alleges that a recent move to shift import inspections from the U.S. Food and Drug Administration to the U.S. Department of Agriculture subjects shipments of Vietnamese catfish (Siluriformes Pangasius) to unfairly stringent food safety rules. Vietnam argues that it has “objectively demonstrated” that its food safety standards “achieve the appropriate level” of safety demanded by the United States. If the requested consultations do not achieve a quick resolution, WTO may authorize Vietnam to ask for a formal adjudication.
A U.S. Government Accountability Office (GAO) study has criticized the U.S. Food and Drug Administration (FDA) and the Department of Agriculture’s Food Safety Inspection Service (FSIS) for their failure to ensure that imported seafood does not contain unsafe levels of antibiotic or other drug residues. According to the GAO, about 90 percent of the seafood eaten in the United States is imported, and about half of imported seafood is raised on fish farms where producers treat fish to prevent infections and foodborne illnesses. GAO makes five main recommendations: (i) FDA should pursue agreements with exporting countries to test for “drugs of concern” and residue levels; (ii) FSIS should conduct onsite audits of fish farms instead of limiting visits to government offices, commercial food processing facilities and food testing labs; (iii) FSIS should require exporting countries to include residue-monitoring plans in equivalence determinations; (iv) FDA and FSIS should collaborate to develop…
A California-based seafood company has reportedly been sentenced in federal court for knowingly selling mislabeled frozen fish fillets. United States v. Seafood Solutions, Inc., No. 11-297 (C.D. Cal., sentencing February 6, 2012). Seafood Solutions, Inc. agreed to plead guilty to the charge in July 2011, as part of a federal investigation into companies that had been selling Asian catfish imports under other labels to avoid anti-dumping duties. Under the terms of the agreement, the company was fined $700,000 and will pay an additional $300,000 to the National Fish and Wildlife Foundation. Two California men also pleaded guilty in connection with the scam and are apparently scheduled for sentencing on February 12, 2012. See Law360, February 7, 2012.
U.S. Immigration and Customs Enforcement (ICE) and Homeland Security Investigations and Customs and Border Protection (CBP) officers have reportedly confiscated since October 2014 about 450,000 pounds of honey produced in China but falsely declared to be from Latvia on import documents. Chinese honey has been subject to a high import tax—currently 221 percent—since 2001, when the U.S. Department of Commerce found that Chinese producers were dumping honey on the market by selling it for lower than production costs. An assistant special agent in charge of Homeland Security Investigations in Houston reportedly identified the city as a “key point of entry” into the United States; in November 2013, agents there seized Chinese honey worth $4.2 million that was falsely labeled as Malaysian and Indian. Chinese honey was also the subject of a 2002 U.S. Food and Drug Administration warning after concerns that it was adulterated with the antibiotic chloramphenicol, which is…
U.S. Sen. Debbie Stabenow (D-Mich), who chairs the Senate Committee on Agriculture, Nutrition and Forestry, has joined ranking committee member Thad Cochran (R-Miss.) and 31 other senators in asking U.S. Trade Representative Ron Kirk “to quickly address Russia’s new import ban on U.S. beef, poultry and turkey.” According to a February 19, 2013, news release, the ban stems “from Russia’s zero tolerance policy regarding ractopamine, a feed additive for livestock approved by both the U.S. Food and Drug Administration and the Codex Alimentarius Commission [CODEX].” In their letter to the trade representative, the senators claim that this “egregious” trade barrier would cost the U.S. economy $600 million annually and amount to an import ban in violation of the World Trade Organization’s (WTO’s) Sanitary and Phytosanitary Agreement. “The United States must do everything it can to defend its rights in both the WTO and CODEX and prevent non-science-based trading practices from…
The World Trade Organization (WTO) recently agreed to a convene a dispute settlement panel to investigate India’s restrictions on the importation of U.S. poultry, eggs and other agriculture products purportedly due to concerns over avian influenza. The U.S. Trade Representative (USTR) apparently requested the panel after failing to resolve the dispute during an April 16-17, 2012, consultation with the Indian government, which has restricted the importation of various agricultural products from “those countries reporting Notifiable Avian Influenza (both Highly Pathogenic Notifiable Avian Influenza and Low Pathogenic Notifiable Avian Influenza).” According to USTR, however, these restrictions violate several provisions of the Sanitary and Phytosanitary Measures Agreement as well as the General Agreement on Tariffs and Trade 1994, in part “because India’s avian influenza measures are not applied only to the extent necessary to protect human or animal life or health, are not based upon scientific principles, and are maintained without sufficient…
The U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) has extended until June 14, 2012, the comment period for a proposed rule that would amend regulations governing the importation of live bovines and other animal products with regard to bovine spongiform encephalopathy (BSE). Under the proposed rule, APHIS would adopt World Organization for Animal Health criteria that identify a country’s BSE risks as negligible, controlled or undetermined, bringing U.S. import regulations in line with international health standards. APHIS has pushed back the deadline to allow “interested persons additional time to prepare and submit comments.” Additional details about the proposed rule appear in Issue 432 of this Update.
The Food and Drug Administration (FDA) has released a report describing its efforts to ensure the safety of imported food, drugs, medical devices, and other regulated products. Titled “Global Engagement,” the report asserts that FDA-regulated products originate from more than 150 countries, 130,000 importers and 300,000 foreign facilities. According to FDA, food imports have grown each year from 2005 to 2011 by an average of 10 percent, with Americans consuming approximately half of their fresh fruits, 20 percent of fresh vegetables and 80 percent of seafood from imports. “As the volume of imported food increases, so too does the risk that some products will fail to meet FDA standards,” the report states. “The realities of the global marketplace add substantial challenges to FDA’s ability to protect U.S. consumers.” Among its strategies to ensure imported product safety, FDA said it uses portable instruments to screen products, collaborates with coalitions of regulators…
The Canadian Food Inspection Agency (CFIA) has proposed amendments to its federal meat inspection rules to better align them with the regulations and policies of major trading partners such as the United States and the European Union. According to CFIA, the plan updates a 1990 rule but does not lower food safety standards. Instead, among other things, it would “repeal certain redundant requirements” to make it easier for small- to medium-sized slaughterhouses and meat-processing plants to achieve federal registration so that they could expand trade opportunities both in and outside Canada. Under current law, Canadian plants that are provincially registered cannot sell or export their meat products outside their home province unless they are also federally registered. According to CFIA, 730 establishments are federally registered and approximately 4,000 are not, most notably because “becoming federally registered is expensive, with costs varying greatly from establishment to establishment in relation to the volume…
