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INTERNATIONAL BUSINESS AND TRADE

Dumping
U.S.:

• The International Trade Commission determined that U.S. industry is threatened with material injury by dumped imports of malleable iron pipe fittings from China (Malleable Iron Pipe Fittings from China, ITC; 20 ITR 1966; 11/27/03).

• The Department of Commerce announced its preliminary determination that China is dumping color television receivers (CTVs) (Color Television Receivers from China and Malaysia, ITA; 20 ITR 1966; 11/27/03).

Labeling
Japan:

• The Ministry of Agriculture, Forestry and Fisheries will toughen place of origin labeling requirements on semi-processed food beginning in 2005 (20 ITR; 11/27/03).

INTERNATIONAL AGREEMENTS AND INVESTMENTS

Automotive
U.S.:

• The southeast United States continues to recruit the automotive industry with varying results reflecting direct and indirect employment statistics collected by the target investment states with Alabama at 83,710, Georgia at 64,400, Kentucky at 87,659, Mississippi at 30,000, South Carolina at 42,000 and Tennessee at 62,273 employees (The Economist, November 29, 2003).

Intellectual Property
Argentina:

• Changes to patent law have been implemented to meet U.S. demands for better copyright protection of pharmaceutical products (20 ITR 2043; 12/11/03).

IMMIGRATION

Social Security Administration Presumption of Nonimmigrant to Accept Employment

A nonimmigrant applicant is presumed to have permission to engage in employment if he presents a Form I-94 issued by the Immigration Service reflecting a classification permitting work. A nonimmigrant who has not been issued a Form I-94 reflecting a work classification must submit a current document authorized by the Service that verifies authorization to work has been granted such as an employment authorization document (20 CFR 422.105; 63 FR 56554, October 22, 1998).

Employment-Based Permanent Residence (EB-2 Class)

A foreign national must have a master’s degree the foreign equivalent or bachelor’s degree plus five years of progressively responsible experience in a specialty to qualify for the EB-2 classification and Block 14 and 15 of the ETA-750 form supporting an immigrant petition for alien worker (Form I-140) must specify that the position requires either a master’s or bachelor’s degree followed by five years of experience in the specialty (80 IR 1607; November 24, 2003).
 

Suspension of Deportation

Matter of S-, 27 Immig. Rptr. B1-108 (July 9, 2003). A citizen of Russia was found deportable and her applications for asylum and withholding of deportation were denied by the Immigration Judge. On appeal, the Board of Immigration Appeals (BIA) remanded the case to allow her to apply for suspension of deportation. The Immigration Judge denied the suspension application and the respondent appealed, which was sustained by the BIA finding that the discrimination and harassment on account of Jewish ethnicity and religion was not persecution under the Immigration and Nationality Act but her 13 years of residence in the U.S., her extensive extended family in the U.S., her steady employment in the U.S. and payment of taxes taken “cumulatively” were factors indicating she would suffer extreme hardship if deported thereby qualifying her for suspension of deportation (8 IB 1769; November 15, 2003).
 

Diversity Visa Lottery

U.S. Federal Trade Commission advises that all prospective immigrants who bought DV lottery application services from USA Immigration Services will need to register directly on their own for the 2003 DV lottery since that company is no longer operating and its principals are in jail. Entering the DV lottery is free and can be done over the State Department web site, www.dvlottery.state.gov (Announcement December 20, 2003, U.S. Federal Trade Commission).
 

HHS Reopens Physician Waiver Program

The HHS reopened its J-1 waiver program for physicians working in underserved areas but several additional rules have been announced that will significantly reduce the number of physicians who are eligible to include only facilities with a score of 14 and only facilities in Health Professional Shortage Areas.
 

LEGISLATIVE AND LEGAL DEVELOPMENTS

Customs
U.S.:

• Final rules requiring advanced electronic notification of cargo entering the United States by land, sea and air have been issued and are similar to those proposed on July 23, 2003 (20 ITR 1945; 11/27/03).

Environment
U.S.:

• The U.S. Supreme Court granted the request of the Bush Administration to review a decision of the Court of Appeals requiring the preparation of an environmental impact statement before Mexican trucks are allowed full access to U.S. highways under NAFTA (Dept. of Transportation v. Public Citizen, U.S. Sup. Ct., No. 03-358, 12/15/03; 20 ITR 2054; 12/18/03).

Exports
U.S.:

• S.1824 reauthorizing the Overseas Private Investment Corporation through September 2007 was passed in the House of Representatives by voice vote (20 ITR 1950; 11/27/03).

• S.1977 bolsters small business manufacturing hard hit by foreign competition and trade barriers (20 ITR 2062; 12/18/03).

Imports
U.S.:

• The House approved legislation to temporarily reduce or eliminate duties on approximately 600 products (H.R. 1047; H.R. 3521) (20 ITR 1951; 11/27/03).

Intellectual Property
U.S.:

• S.1911 amends the intellectual property provisions of the 1974 Trade Act to strengthen enforcement of U.S. intellectual property rights abroad (20 ITR 1985; 12/4/03).

Sanctions
U.S.:

• The Administration signed HR.1828 to impose sanctions against Syria prohibiting exports of items on the Munitions List and the Commerce Control List of dual use goods and technology and authorizing further sanctions on banning all exports to Syria and prohibiting U.S. companies from investing or operating in the country if warranted (20 ITR 2079; 12/18/03).

Taxation
U.S.:

• S.1922 would amend the Internal Revenue Code of 1986 to comply with the WTO rulings on the FSC/ETI benefit in a manner to preserve manufacturing jobs in the U.S. (20 ITR 2009; 12/4/03).

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.

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