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INTERNATIONAL BUSINESS AND TRADE

Automotive
Japan:

• Domestic sales of imported autos manufactured by non-Japanese automakers slipped 5 percent in 2003 (21 ITR 138; 1/22/04).

Dumping
U.S.:

• The International Trade Commission is investigating whether surging imports of innersprings from China is causing market disruption (Innersprings from China, ITC; 21 ITR 142; 1/22/04).

• The Commerce Department announced that it preliminarily found China, Malaysia and Thailand dumping polyethylene retail carrier bags (Polyethylene Retail Carrier Bags, ITA; 21 ITR 143; 1/22/04).

• The International Trade Commission ended an investigation on kosher chicken from Canada (Kosher Chicken from Canada, ITC; 21 ITR 143; 1/22/04).

• The Shrimp Trade Action Committee filed petitions against Thailand, China, Viet Nam, India, Ecuador and Brazil, seeking tariffs on shrimp imports. The tariffs are as high as 267 percent in the case of China (21 ITR 67; 1/8/04).

Canada:

• An investigation has been initiated against frozen, self rising pizza products from the United States under an allegation that pizzas are being sold at an overall weighted average margin of dumping of 50 percent (21 ITR 143; 1/22/04).

Customs
U.S.:

• U.S. Customs and Border Protection (CBP) announced seizure of $8 million worth of counterfeit extension cords, power strips, and batteries that leak chemicals (21 ITR 15; 1/1/04).
   

INTERNATIONAL AGREEMENTS AND INVESTMENTS

Bilateral Agreements
U.S.:

• The Free Trade Agreement being negotiated with Morocco is expected to be completed in the next several weeks (21 ITR 145; 1/22/04).

• The Free Trade Agreements with Chile and Singapore officially went into effect on January 1, 2004 (21 ITR 49; 1/8/04).

Foreign Investments
China:

• New rules are being published as the Provisional Administrative Measures on Foreign-Invested Commercial Enterprises centralizing the licensing process to permit major foreign retailers in expansion of their retail operations (21 ITR 58; 1/8/04).

IMMIGRATION

Healthcare Workers Subject to Enforcement of Certification of Credentials

The Immigration Service (USCIS) issued a series of rules announcing that nonimmigrant visa classes (TN, H1B, H1C, O) must go through a verification process for initial issuance or extension effective July 27, 2004, pursuant to Section 343 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 and the Immigration Service Regulations (8 CFR 212.15).

Internal Revenue Service Tax Return Information Reporting Penalty Rules

Forms W-2 are subject to information reporting penalties for failure to file an information return timely, to include requiring information or inclusion of incorrect information. At the time an employee begins work, an employer must be able to show it has listed the social security number (SSN). Following that solicitation, no additional solicitation for the numbers is required unless the IRS notifies the employer that the number is incorrect. Following receipt of an IRS notice of a “mismatch” between the name and SSN, the employer may be required under the IRS regulations to make an annual solicitation for the correct SSN (IRC Section 301.6724-1(f); September 24, 2003 IRS correspondence, Thomas B. Dobbins, Director, Partnership Outreach Taxpayer Education and Communication, Department of Treasury).
 

LEGISLATIVE AND LEGAL DEVELOPMENTS

Procurement
U.S.:

• The Federal Acquisition Regulations were amended to implement the Free Trade Agreements with Chile and Singapore (69 Fed. Reg. 1051/January 7, 2004) revising FAR 25.400(a) (3) implementing the waiver of applicability of the Buy American Act (21 ITR 89; 1/15/04).

Intellectual Property
U.S.:

• The Iranian trade embargo did not prohibit a television producer from commercially importing films from Iran or from receiving a copyright assignment in the films from Iranian nationals which assignments were deemed “ordinarily” incident to the importation and copyright of the movies thus permitted by the Iranian Transaction Regulations (Kalantari v. NITV dba National Iranian TV, 9th Circuit, No. 02-56592, 12/12/03; 21 ITR 104; 1/15/04).

Sources: IR - Interpreter Releases, Federal Publications, Inc.; ITR - International Trade Reporter, Bureau of National Affairs, Inc.; IB-Bender’s Immigration Bulletin; ILT - Immigration Law Today, American Immigration Lawyers Association Monthly Journal; IL - International Lawyer, SMU School of Law; FT- Financial Times; KTF - Korea Trade Focus Monthly Newsletter (Korea International Trade Association) TE - The Economist Magazine; GATM - German American Trade Magazine published by the German American Chamber of Commerce; MAPI - Manufacturers Alliance Legal Analysis and Regulations; WSJ - Wall Street Journal; ILN/ABA-International Law News, American Bar Association; TMIJ-Tax Management International Journal, Bureau of National Affairs, Inc.; AILA - American Immigration Lawyer’s Association

International Law Bulletin is an international legal news digest published monthly as a service to Nelson Mullins’ clients and friends.  The articles are summaries of particular developments in the law and are not intended to be a solicitation or to render legal advice. This publication can be considered advertising under applicable laws.  Copyright 2003

Nelson Mullins Riley & Scarborough, L.L.P.

has offices located in

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