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INTERNATIONAL BUSINESS AND TRADE

Dumping

U.S.:

• The Commerce Department found Japan is selling outboard engines in the U.S. market at less than fair value (Outboard Engines From Japan, ITA (22 ITR 28; 1/6/05).

Customs

Japan:

• Later this year, the Japanese government will experiment with a “smart tag” containing integrated circuits enabling instantaneous reading, traceability and documentation procedures for cargo and containers entering the country (22 ITR 148; 1/27/05).

INTERNATIONAL AGREEMENTS AND INVESTMENTS

Taxation

Brazil:

• Congress approved a presidential decree to extend tax breaks granted to technology companies through 2019 (22 ITR 57; 1/13/05).

Dumping

U.S.:

• The International Trade Commission found dumped frozen warm water shrimp from Brazil, China, Ecuador, India, Thailand and Viet Nam materially injured the U.S. industry clearing the way for anti-dumping duty determinations (Frozen and Canned Warm Water Shrimp from Brazil, China, Ecuador, India, Thailand and Viet Nam, ITC; 22 ITR 59; 1/13/05).

Foreign Investments

WTO:

• The U.N. Conference on Trade and Development (UNCTAD) noted an increase in foreign direct investment (FDI) of 6% on a worldwide basis in 2004 reversing a 3-year downturn with $62 billion of FDI in China, $121 billion in the U.S. (four-fold increase over 2003), and $49 billion in Germany (22 ITR 134; 1/27/05).

China:

• The Chinese Ministry of Commerce (MOFCOM) simplified taxes and rules surrounding foreign-funded investment companies to smooth the process to attract outside investment (22 ITR 146; 1/27/05).

IMMIGRATION

L-1 Visa Reform Act 2004

• Effective June 6, 2005, the L-1 visa category will prohibit visas to be issued to persons with specialized knowledge who will be stationed primarily at the work site of an employer other than a petitioner.

• Blanket L petitions for intracompany transferees must be only for persons who have had one year of prior continuous employment outside of the U.S. prior to application for transfer (81 IR 1774; 12/20/04).

H-1B Visa Reform Act 2004

• The employer fees imposed by the American Competitiveness and Workforce Improvement Act (ACWIA) have been increased from $1,000 to $1,500 effective December 8, 2004.

• Employers with no more than 25 fulltime employees who are employed in the U.S. will pay a reduced fee of $750.

• Employers must pay 100% of the H-1B prevailing wage level.

• Government-provided prevailing wage surveys must include four levels of wages that are commensurate with experience, education and level of supervision.

• 20,000 foreign nationals who have earned a master’s or higher degree from a U.S. institution are exempt from the annual H-1B quota.

• A new fraud prevention and detection fee of $500 is imposed on applications to obtain H-1B or L status, or in filing a petition for change of employer as of March 8, 2005 (81 IR 1774; 12/20/04).

USDOL/ETA Issues Final PERM Regulations for Labor Certifications Preceding Permanent Residency

• Employers must conduct recruitment before filing.

• The application does not require documentation to be submitted with the application.

• Employers must either file an application electronically or send hard copy by mail.

• Minimum advertising requires a job order and two Sunday newspaper advertisements.

• Notice must be placed between 30 and 180 days before filing the application.

• A job order must be placed with the local employment security commission.

• Applications shall be submitted directly to the U.S. DOL.

• Applications shall be reviewed electronically and either identified for audit or approved in approximately 60 days.

• Applications identified for audit must be supported by documentation to verify the application.

• Review by the Board of Alien Labor Certification Appeals (BALCA) shall either result in denial or affirmation but no remand to the certifying officer.

• Professional positions requiring a baccalaureate degree or higher require significant additional recruitment steps.

• The new regulations take effect March 28, 2005 (82 IR 1; 1/4/05).

Visa Validity Extended For Chinese B-1/2 Visitors

• The state department announced, effective January 15, 2005, eligible Chinese Nationals visiting the U.S. temporarily for business (B-1) or pleasure (B-2) will be issued visas valid for 12 months and multiple entries (82 IR 159; 1/17/05).

LEGISLATIVE AND LEGAL DEVELOPMENTS

Textile

U.S.:

• The Court of International Trade enjoined the Interagency Committee for Implementation of Textile Agreements (CITA) from accepting or considering petitions for safeguard measures on textiles/apparel products from China based on the threat of market disruption temporarily delaying further action on the 12 safeguard petitions filed by the coalition of U.S. textile and apparel groups raising the important question whether the delegated authority to CITA to administer textile agreements include the authority to issue regulations pursuant to China’s Accession Agreement (U.S. Association of Importers of Textiles and Apparel v. The United States, Ct. Int’l. Trade, No. 04-00598; 12/30/04; 22 ITR 6; 1/6/05).

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 2005

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

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