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Miscellaneous International Trade Notices

The U.S. Association of Importers of Textiles and Apparel (USA-ITA) has issued a Textile Development Memo announcing that on December 1, 2004 it filed suit in the U.S. Court of International Trade (CIT) to compel the Committee for the Implementation of Textile Agreements (CITA) to provide U.S. textile and apparel importers and retailers with due process in the consideration of textile safeguards, including advance notice of any changes in the rules and an opportunity to know who is seeking the safeguard protection and what imported products are actually like or directly competitive with domestically-produced goods. (TDM, dated 12/01/04, www.usaita.com.)

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1. USA-ITA Files Suit Against CITA for Failing to Follow China Safeguard Rules

2. President Bush Nominates Carlos Gutierrez as Commerce Secretary

On November 29, 2004, President Bush announced his nomination of Carlos Gutierrez, Chief Executive Officer of the Kellogg Company, as Secretary of Commerce. If confirmed by the Senate, Gutierrez would replace the current Secretary of Commerce Don Evans, who resigned. (White House press release, dated 11/29/04, http://www.whitehouse.gov/news/releases/2004/11/20041129-2.html.)

3. Congress Passes Temporary Spending Bill to Keep Government Running

According to a State Department Washington File article, on November 24, 2004, the House and Senate passed a temporary spending bill to keep the U.S. government running through December 8, 2004, and give legislators time to make a correction to an omnibus spending bill approved by both the House and Senate on November 20, 2004. The article states that the Senate has already approved the corrected version of the omnibus spending bill and the House is scheduled to vote on it on December 6, 2004. (Washington File dated 11/26/04,

http://usinfo.state.gov/ei/Archive/2004/Nov/29-272077.html.)

4. BIS Denies Export Privileges of Two Indian Entities for 10 Years

The Bureau of Industry and Security (BIS) has issued an order denying the export privileges of Technology Options (India) Pvt. Ltd. and Shivram Rao, both of India, for 10 years in connection with charges that they conspired to export a thermal mechanical fatigue rest system and a universal testing machine without the required export licenses, in violation of the Export Administration Regulations (EAR). (D/N 04-BIS-02 and 04-BIS-03, FR Pub 12/01/04, available at http://a257.g.akamaitech.net/7/257/2422/06jun20041800/edocket.access.gpo.gov/2004/pdf/04-26519.pdf)

5. FDA Debars Bhutani from Providing Services to Persons with Approved or Pending Drug Product Applications, Etc.

The Food and Drug Administration (FDA) has denied Baldev Raj Bhutani's request for a hearing and has issued a final order that permanently debars Bhutani from providing services in any capacity to a person that has an approved or pending drug product application due to the finding that Bhutani was convicted of a felony for conduct related to the regulation of a drug product under the Federal Food, Drug, and Cosmetic Act. (D/N 2002N-0291, FR Pub 12/02/04, available at http://a257.g.akamaitech.net/7/257/2422/06jun20041800/edocket.access.gpo.gov/2004/pdf/04-26532.pdf)